Toyota Motor Sales, U.S.A., Inc.
Summary of Pending Case: Between February 4, 2010 and March 1, 2010, Shepherd, Finkelman, Miller & Shah, LLP, along with co-counsel, filed Class Action Complaints (“Complaints”) in the Superior Court of California for the County of Los Angeles, the Superior Court of New Jersey for the Union County and Cumberland County, and the United States District Court for the Northern District of Illinois, on behalf of various named plaintiffs and proposed classes of consumers in California, New Jersey and Illinois against Toyota Motor Sales, U.S.A., Inc. (“Toyota” or “Defendant”). The Complaints allege that on January 21, 2010, Toyota issued a formal recall notice covering 2.3 million vehicles “to correct sticking accelerator pedals. Toyota has explained that the recall was necessary because “[i]n rare instances, there is a possibility that certain accelerator pedal mechanisms may, mechanically stick in a partially depressed position or return slowly to the idle position.” Toyota also advises consumers that if they have experienced problems with the accelerator pad, “[t]he vehicle should be driven to the nearest safe location, the engine shut off and a Toyota dealer contacted for assistance.” In light of these serious safety concerns identified by Toyota, consumers, including the named plaintiffs, reasonably and understandably no longer wish to operate their Toyota vehicles. Additionally, the fair market value of the vehicles has been substantially and permanently diminished as a result of the defect. Moreover, the Complaints allege that requiring similarly situated consumers that lease these vehicles to continue to do so and/or to incur a fee to prematurely end the lease as a result of the defective Toyota vehicles is unfair and unlawful under the circumstances. The Complaints seek recovery under the consumer protection acts of California, Illinois and New Jersey and also assert claims for breach of warranty and unjust enrichment.
Status of Pending Case: Plaintiffs are awaiting responses from Toyota.
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