– A Toyota Camry HVAC lawsuit continues as a federal judge refuses to grant an injunction against Toyota and Southeast Toyota Distributors (SET).
The SET region includes Alabama, Florida, Georgia, North Carolina, and South Carolina.
The original Toyota Camry HVAC lawsuit involved millions of Camry and Camry Hybrid cars from 2012-2017.
But according to the current version of the Camry class action lawsuit, 2012-2014 non-hybrid Camries have defects in the heating, ventilation and air conditioning systems that cause moldy odors in the cars.
The passenger compartments in the Camry cars are reportedly filling with dangerous odors caused by the build-up of moisture and microbial growth in the HVAC systems.
The Toyota Camry HVAC lawsuit alleges that the system “allows condensing water to build up and allows naturally present organic contaminants to be trapped, kept moist and cultivated organic matter such as microbes, bacteria, mold and fungus.”
The plaintiffs allege that the distributors of Toyota and Southeast Toyota colluded to hide HVAC defects and plotted to protect the Toyota brand and overcharge Toyota Camry customers.
In addition, Toyota and SET are alleged to have worked together to prevent repairs and buybacks under the Florida Lemon Laws, all of which are alleged violations of the federal Racketeer Influenced and Corrupt Organizations (RICO) Act and the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
Toyota allegedly told dealers to inform Camry customers that the HVAC odors occurred naturally and could not be repaired.
According to the Camry HVAC lawsuit, more than 200,000 customers purchased non-hybrid Camry cars in the SET region during 2012-2014.
Toyota Camry HVAC Lawsuit (Summary Verdict Dismissed)
The Toyota lawsuit had already survived a layoff, but Toyota and Southeast Toyota’s distributors then filed for summary judgment and asked the judge to rule against the plaintiffs without trial.
Toyota told the judge that the conspiracy that RICO is claiming is failing for multiple reasons and that the Camry’s have no evidence of faulty HVAC systems.
Of the four plaintiffs who filed suit, only one plaintiff saw her claims dismissed for failing to purchase her Camry from an authorized Toyota dealer.
Toyota also argued for the rejection of claims adjusters’ opinions and testimony, but the judge ruled to exclude only the view that “costs to repair damage are an appropriate yardstick for estimating overpayments.”
The Toyota Camry HVAC 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.