Attorneys in a potential class action filed against Toyota are in settlement negotiations.
The lawsuit, filed in June 2021, alleged a defect in 2020 and 2021 Toyota Highlander vehicles equipped with a hybrid powertrain. Specifically, as alleged in the complaint, the vehicles’ fuel tanks could not be filled to their advertising capacity of 17.1 gallons, despite Toyota touting improved fuel economy and the ability to drive long distances. Consumers have reported that when refueling an empty tank, the automatic shut-off activates usually after only 12-14 gallons.
The plaintiffs raised claims including fraud and breach of warranty. They claim Toyota has actively concealed the alleged defect and continues to market the vehicles at issue as having a 17.1 capacity fuel tank.
In January 2022, the parties informed the court they were currently engaged in settlement discussions and requested to extend other pending deadlines, including the deadline to file a consolidated complaint on behalf of two merged lawsuits.
The case is Cheryl Tavares, et al. v. Toyota Motor Sales, U.S.A., Inc., et al., case number 3:21-cv-04534, in the United States District Court for the Northern District of California.
