Toyota Camry Air Conditioning Odor Lawsuit Certified Class-Action Law Only For Florida.
December 26, 2021 – A Toyota Camry HVAC odor class action lawsuit has been certified for a class of Camry car owners, but only for owners who bought their cars in Florida.
The Toyota class action lawsuit began with millions of Camry and Toyota Camry hybrids dating from 2012-2017 that allegedly had deficiencies in heating, ventilation and air conditioning.
Camry customers Javier Cardenas, Rodney Baker and Michelle Monge claim Toyota conspired with Toyota dealerships in the southeast to hide defects that cause the cars to smell like mold.
The HVAC class action lawsuit alleges the automaker was hiding the Camry flaws so consumers would be inflated and Toyota would avoid buybacks under the Lemon Acts.
According to plaintiffs, Camry’s HVAC systems are designed to “trap nutrient particles, organics and dust in the nooks and crannies of the evaporator housing”.
“As a result, plaintiffs said this design traps contaminants with running condensation instead of flushing them out, and creates a habitat for organic matter that causes microbial growth and malodor which is then expelled into the cabin.” – Toyota Camry HVAC odor lawsuit
Toyota Camry HVAC class action plaintiff
Plaintiff Rodney Baker bought a 2012 Toyota Camry from a Toyota dealer in central Florida and said he noticed a moldy smell coming from the vents. He says he complained to a Toyota dealer, but no repairs were completed.
Two years later, in Florida, he swapped the 2012 Camry for a 2014 Toyota Camry and reportedly noticed the same smell. The plaintiff says he complained about the smell, but no repairs were made.
Plaintiff Michelle Monge bought her 2013 Camry from a non-Toyota dealer in Florida in 2016, but allegedly noticed that the vehicle was emitting a moldy odor. However, the plaintiff says it never had the Camry inspected by a dealer.
Plaintiff Javier Cardenas bought his 2014 Toyota Camry from a Florida dealer and allegedly noticed an unpleasant smell from the HVAC system after starting the car. The plaintiff claims that if he adjusts the temperature of the air conditioner to blow cooler air, the bad smell will get worse.
Toyota Camry HVAC lawsuit certified for certain owners
Judge Federico A. Moreno has now upheld a Camry class action lawsuit, but only for consumers who bought non-hybrid Camrys from Toyota dealerships in Florida in 2012-2014 and only for violations of the Florida Deceptive and Unfair Trade Practices Act.
However, the judge declined to certify a class for violating the Racketeer Influenced and Corrupt Organizations (RICO) Act, which would have spanned multiple states.
On his behalf, Judge Moreno says the Toyota Camry HVAC class action lawsuit isn’t so much about a bad smell as it is about Toyota’s alleged efforts to hide defects in order to overpay people for the cars.
According to the judge, Toyota internally said the HVAC odor was a “chronic problem” in 2012, ranking it third on Toyota’s list of global problems. The HVAC smells forced Toyota to issue technical service bulletins and “tech tips”, but the documents describe the Camry HVAC smells as a normal feature of the systems.
Toyota said the Camry air conditioning odors were natural and nothing could be done to correct them.
Toyota and Southeast Toyota Distributors have reportedly kept the flaws quiet in an attempt to circumvent the Florida Lemon Act, which required a buyback after three failed attempts to fix the odor issues.
However, the judge says the Camry HVAC lawsuit claims are made under consumer protection and fraud laws, which means the alleged damage is the overpayment for the cars due to the hiding of the alleged defect, not the defect itself.
The judge ruled that the plaintiffs did not provide evidence of any misrepresentation or omission that harmed the plaintiffs.
The Toyota Camry HVAC class action lawsuit has been filed in the U.S. District Court for the Southern District of Florida: Cardenas, et al., V. Toyota Motor Corporation, et al.
The plaintiffs are represented by Podhurst Orseck PA, Kessler Topaz Meltzer & Check LLP and Kiesel Law LLP.
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