Class Action Alleges Toyota Camry HVAC System Emits Foul Odors
November 6, 2015
On Nov. 4, a class action lawsuit was filed against Toyota over alleged defects in the heating, ventilation, and air conditioning (HVAC) system of its popular Camry model cars that potentially cause mold and foul odors.
Lead plaintiffs Alfred Salas and Gloria Ortega claim that Toyota has known about the defect in its HVAC system since 1997, but has not fixed the problem or notified consumers of the defect.
“Toyota knew about the HVAC Defect present in every [Toyota Camry], along with the attendant risks to health and safety, and concealed them from Plaintiffs and Class Members, at the time of sale, lease, and repair and thereafter,” the Toyota class action lawsuit alleges.
The Toyota Camry HVAC defect class action lawsuit seeks damages of more than $5 million for all purchasers of Toyota Camry models 2011 through the present. The class action lawsuit also asks Toyota to notify Camry owners of the HVAC defect, repair existing defects, and stop selling Camry vehicles that contain the defect.
Salas and Ortega claim that the defect in the Toyota Camry HVAC system is the evaporator. “As the cold refrigerant passes into the evaporator, it absorbs heat from the air in the passenger compartment and also collects moisture because of condensation on the evaporator’s surface,” they allege in the Toyota HVAC defect class action lawsuit. “This moisture, along with pollen, dead insects in the air, and bits of leaves that enter the HVAC system from the outside vents, leads to an environment favorable to the growth of mold and other contaminants.”
The Toyota Camry HVAC defect class action lawsuit details several examples that Toyota knew the defect existed. In 1997, Toyota reportedly issued a bulletin to dealerships warning them that a “musty smell” may develop from “[m]icrobial growth in the evaporator.”
In addition, the Toyota class action lawsuit cites a 2005 Camry repair manual that listed the “A/C system odors” as “a common complaint” and that there was “no permanent mechanical repair” for the problem. The class action lawsuit also cites numerous examples of consumer complaints about the odor from the HVAC system of Toyota Camry cars.
Salas and Ortega claim that they each purchased a Toyota Camry that developed a bad odor. The Toyota class action lawsuit states that both plaintiffs have taken their vehicles to Toyota dealerships in California, but they could not repair the issue and the “noxious, foul, and moldy odors” that persist in both vehicles.
The HVAC defect cannot be fixed by Toyota technicians, and therefore the defect “may require expensive and temporary repairs which do not address the issue, including repeated replacement of air filters or other related components, as well as repeated foam flushes or other related repairs,” the Toyota Camry HVAC defect class action lawsuit alleges.
Mold from the Toyota Camry HVAC defect can cause serious health concerns, according to the class action lawsuit. Citing the Centers for Disease Control and Prevention, the class action lawsuit states that “molds can cause symptoms such as nasal stuffiness, eye irritation, wheezing, or skin irritation” or worse reactions for people with allergies. Similarly, the class action lawsuit cites the World Health Organization, which has stated that exposure to mold can be “clinically associated with respiratory symptoms, allergies, asthma, and immunological reactions.”
Salas and Ortega are represented by Jordan L. Lurie, Robert Friedl, Tarek H. Zohdy, and Cody R. Padgett of Capstone Law APC.
The Toyota Camry HVAC Defect Class Action Lawsuit is Alfred Salas, et al., v. Toyota Motor Sales, U.S.A. Inc., et al., Case No. 2:15-cv-08629, in the U.S. District Court for the Central District of California.
