Elizabeth DiNardo, Esq.
Legal Staff Writer
The last thing anyone wants is to notice a moldy odor in their brand new car; however, this is exactly what thousands of Lexus and Toyota customers have experienced. The fed up consumers, who own or leased Toyota or Lexus vehicles manufactured between 2009-2015, have banded together to bring class charges against Lexus and its parent company Toyota. In the complaint, filed in the U.S. District Court for the Central District of California, plaintiffs claim that the smell is from a faulty air ventilation system that Toyota and Lexus have known about for over a decade. The foul smell is likely due to mold growing in the evaporator case and according to plaintiffs, the defendants chose to simply inform dealers that the problem could not be fixed rather than address is with a recall.
The defendants are accused of violating California state consumer protection laws, fraud, negligent misrepresentation, and federal warranty laws. Plaintiffs are seeking restitution, treble damages, punitive damages, and an injunction stopping Toyota from continuing its deceptive sales practices.
The case is: Paul Stockinger, et al. v. Toyota Motor Sales USA Inc., Case No. 2:17-cv-00035, in the U.S. District Court for the Central District of California.
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