A proposed class action has been filed alleging Toyota Motor Corporation, among other defendants, illegally manipulated emissions and fuel economy test results for Hino-branded trucks in the United States, including:
[A]ll model year 2004-2021 trucks sold in the United States that contain a Hino A05C, A09C, E13C, NO4C, J05D, J05E or J08E diesel engine, including but not limited to the following models: Hino 155, 195, 238, 258, 268, 338, M series, L series and XL series.
According to the complaint, this alleged scheme resulted in the affected trucks delivering worse fuel economy on the road than during regulatory testing and emitting more pollution than legally allowed.
The alleged “Emissions and Fuel Economy Scheme,” as the plaintiffs call it, involved using parts in regulatory testing materially different from parts installed in the trucks sold and leased to customers; tampering with test instruments to make the trucks appear more fuel efficient than they were; and installing diagnostic systems in the trucks that did not timely initiate diesel particulate filter cleaning. The plaintiffs contend Hino and Toyota knew for years about the emissions and fuel economy issues, before their alleged March 2022 admission to “identifying potential issues regarding certification testing to determine the emissions performance of on-road engines for the North American market.”
The class representatives assert claims including fraud, breach of warranty, and violation of consumer laws.
The class action lawsuit seeks remedies including a program to fully reimburse the class members for costs and economy losses resulting from inaccurate fuel economy disclosures and rescission of all class truck purchases or leases.
The case is Express Freight International, et al. v. Hino Motors, Ltd., et al., case number 1:22-cv-22483-DPG, in the United States District Court for the Southern District of Florida.