A federal judge in Miami has certified a class-action lawsuit against Toyota Motor Corp. over allegations that the carmaker concealed a defect in ventilation systems that led to moldy smells in certain Camry models.
Judge Federio Moreno of the Southern District of Florida last month certified the class action for non-hybrid Camry owners for the model years 2012 to 2014. The action applies to Florida Camry owners and their claims under provisions of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
Moreno, however, rejected the proposed certification of a larger class of Camry owners in five southeastern states under the federal Racketeer Influenced Corrupt Organizations (RICO) Act.
“The court finds that plaintiffs have not offered class-wide evidence of a material misrepresentation or omission that caused injury to plaintiffs, and as a result, individual issues of RICO liability predominate over the common RICO questions,” the judge said in the order. “The court thus declines to certify a RICO class.”
The three plaintiffs in the litigation allege that the Camrys they purchased contained heating, ventilation and air conditioning systems that tend to trap particles and nutrient substances in areas of the evaporator housing. The trapping of such contaminants causes microbial growth and moldy odors that are circulated into the vehicle, the plaintiffs allege.
No repairs were carried out despite the plaintiffs’ complaints to Toyota about the problems, according to the lawsuit, which seeks monetary damages and repairs to alleviate the problems. The complaint contends Toyota and its distributors tried to hide the HVAC defect to shield the brand from criticism and to avoid vehicle buybacks that are required under Florida consumer laws.
“We are pleased the court agreed that there is no legal or factual basis for a RICO claim against Toyota to proceed as a class action,” Toyota spokesman Victor Vanov told the Florida Record in an email. “Toyota believes that plaintiffs do not have any credible evidence to support their remaining claim, and we will continue to defend against it.”
The carmaker remains confident in the technology used in the Camrys in question.
“We stand behind the efficacy and performance of our HVAC systems, and plaintiffs’ own testing showed that operation of their HVAC systems improved the air quality in their vehicles,” Vanov said.
