Toyota Prius Odors from HVAC System Class Action

This class action alleges that Toyota Motor Corporation (TMC) and Toyota Motor Sales, USA, Inc. (TMS), as well as dealer Southeast Toyota Distributors, LLC (SET) sell Toyota vehicles with defective heating, ventilation, and air conditioning (HVAC) systems. The problem? The systems permit moisture and microbes to accumulate, leading to mold and foul smells in the vehicle. The odor has been described as smelling like “a pile of rank, sweaty socks.”

The Nationwide Class for this action is all persons or entities in the US, including its territories and the District of Columbia, who bought or leased a 2006-2020 Toyota Prius, including those listed below. A Florida Class has also been proposed, for those who bought or leased a class vehicle in Florida or who bought or leased a class vehicle and live in Florida.

The class vehicles include the following:

• 2006-2020 Toyota Prius
• 2017-2020 Toyota Prius Prime
• 2010-2015 Toyota PHV
• 2012-2016 Toyota Prius C
• 2012-2017 Prius V

The complaint describes what it believes is the source of the smell in the HVAC system. “As cold refrigerant passes through into the evaporator, it absorbs heat from the air and produces condensation, which is intended to drain from the HVAC system through a rubber hose onto the ground.” However, it says, the water is not fully removed. “The resultant moisture creates an environment susceptible to the growth of mold and other contaminants” which, along with their odor, are spread into the passenger compartment by the blower.

According to the complaint, the Institute of Medicine links exposure to mold “with upper respiratory tract symptoms, coughing, and wheezing in otherwise healthy people; with asthma symptoms in people with asthma; and with hypersensitivity pneumonitis in individuals susceptible to that immune-mediated condition.” It also found “a potential link between mold exposure and the development of asthma in children.”

The complaint quotes the World Health Organization (WHO) as saying, “Exposure to microbial contaminants is clinically associated with respiratory symptoms, allergies, asthma and immunological reactions.”

Toyota knows about the smell, the complaint claims, because it has issued Technical Service Bulletins (TSBs) about it to its dealerships. The complaint alleges that the National Highway Traffic Safety Administration (NHTSA) website has received numerous complaints about it.

The complaint alleges that Toyota has “collaborated” with the supplier of the HVAC System supplier and distributors like SET “to conceal the Defective HVAC System, while passing on to consumers … the costs to inspect, diagnose, and/or ameliorate the resultant foul, noxious, and/or toxic odors.”

Toyota has not issued a recall or found a fix for the defect.

The counts include charges under the Racketeer Influenced and Corrupt Organizations (RICO) Act and breaches of warranties, among other things.

Article Type: Lawsuit
Topic: Automobile
Tags: Bad Odor, Defective Automobile, HVAC System