Oh, what a failing: Toyota faces class action as 500,000 sue over emissions ‘trick’
Up to half a million Australian drivers will take Toyota to court over allegations the company used a “diesel defeat device” to evade emission regulations.
Toyota is facing a massive class action over discrepancies linked to an emissions system. (File image)
The class action lawsuit will be lodged in Victoria’s Supreme Court by Maddens Lawyers, in the latest in a series of court cases against car makers over hidden fuel emissions.
The case will be outlined by the law firm in Melbourne on Tuesday.
Diesel defeat devices refer to hardware, software or designs in vehicles that change the way they operate on the road, evading or disabling approved emission controls.
The technology has been discovered in vehicles as far back as the 1970s and, more recently, has led to a series of court cases in Australia and overseas.
In December 2019, the Federal Court ordered Volkswagen to pay $125 million for masking emissions from its diesel vehicles – the second largest penalty issued for a breach of Australian Consumer Law.
In the case brought by the Australian Competition and Consumer Commission, Volkswagen admitted it employed defeat devices between 2011 and 2015 that made vehicles operate in one mode during emission tests and another on the road.
The company lost its High Court appeal against the record fine in April last year.
Law firm Maurice Blackburn also launched class action lawsuits against Volkswagen, Audi and Skoda in 2015, with settlements approved in April 2020.
The lawsuit involved 43,000 vehicles, and saw payments of approximately $2800 to their owners.
Toyota Australia did not respond to requests for comment.
