This is a class action lawsuit brought on behalf of a class of current and former Toyota and Scion vehicle owners and lessees with defective 2AZ-FE engines in the following model years (“MY”): MY 2007-2011 Toyota Camry HV, MY 2007-2009 Toyota Camry, MY 2009 Toyota Corolla, MY 2009 Toyota Matrix, MY 2006-2008 Toyota RAV4, MY 2007-2008 Toyota Solara, MY 2007-2009 Scion tC, and MY 2008-2009 Scion xB (the “Class Vehicles”). The action seeks to represent and certify classes of owners and lessees in California, New York, New Jersey, Florida and Washington
This action arises from Defendants’ failure, despite their longstanding knowledge of a material design defect, to disclose to Plaintiffs and other consumers that the Class Vehicles are predisposed to an excessively high rate of engine oil consumption (the “Oil Consumption Defect”). This defect – which typically manifests itself during and shortly after the limited warranty period has expired will inevitably cause the Class Vehicles to prematurely burn off and/or consume abnormal and excessive amounts of engine oil.
The existence of the Oil Consumption Defect poses a safety risk to the operator and passengers of the vehicle because it prevents the engine from maintaining the proper level of engine oil, and causes an excessive amount of engine oil consumption that can neither be reasonably anticipated nor predicted. Further, the Oil Consumption Defect can cause engine failure while the Class Vehicles are in operation at any time and under any driving condition or speed. This exposes the driver and occupants of the Class Vehicles, as well as others who share the road with them, to an increased risk of accident, injury, or death. As discussed further herein, numerous owners and lessees of the Class Vehicles have experienced engine damage and catastrophic failure while operating the Class Vehicle, thus placing themselves and those around them in immediate danger.
As alleged, Toyota has long been aware of the Oil Consumption Defect yet has routinely refused to repair the Class Vehicles without charge when the defect manifests.
Since the Oil Consumption Defect typically manifests shortly outside of the warranty period for the Class Vehicles – and given Defendants’ knowledge of this concealed, safety related design defect – Toyota’s attempt to limit the warranty with respect to the Oil Consumption Defect is unconscionable here.
Despite notice and knowledge of the Oil Consumption Defect from the numerous complaints it has received, information received from dealers, National Highway Traffic Safety Administration (“NHTSA”) complaints, and its own internal records – including durability testing, Toyota has not recalled the Class Vehicles to repair the Oil Consumption Defect, offered its customers a suitable repair or replacement free of charge, or offered to reimburse its customers who have incurred out-of-pocket expenses to repair the defect.