Venting Issue Prevents 2020-2021 Toyota Highlander Hybrid Fuel Tank From Being Filled to Capacity, Class Action Claims [DISMISSED]
Last Updated on May 5, 2022
Tavares et al. v. Toyota Motor Sales, U.S.A., Inc. et al.
Filed: June 11, 2021 ◆§ 3:21-cv-04534
The fuel tank for 2020-2021 model year Toyota Highlander Hybrid vehicles cannot be filled to its advertised capacity of 17.1 gallons, a class action alleges.
Case Updates
May 5, 2022 – Toyota Highlander Hybrid Fuel Tank Capacity Lawsuit Dismissed by Plaintiff
The proposed class action detailed on this page was voluntarily dismissed with prejudice by the plaintiffs on April 29, 2022.
The plaintiffs’ two-page stipulation for voluntary dismissal, which provides no reason for the decision, can be found here. United States District Judge William H. Orrick formally signed off on the dismissal order on May 4, 2022.
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The fuel tank found in 2020-2021 model year Toyota Highlander vehicles with a hybrid powertrain cannot be filled to its advertised capacity of 17.1 gallons, a proposed class action alleges.
The 78-page complaint out of California pins the apparent fuel tank issues on a venting defect that compromises the 2020-2021 Highlander Hybrid’s single-tank driving range and emissions levels, and increases the risk of overflow during fueling. The suit claims the redesigned Highlander Hybrid, touted as offering a higher miles-per-gallon range than its predecessor, has been the subject of hundreds of complaints from drivers who contend they cannot fill up their vehicles to their stated 17.1-gallon capacity.
“When refueling, consumers report that the automatic shut-off activates well before the tank is full, usually after a mere 12-14 gallons have been added to an empty tank,” the case reads. “Consumers can attempt to force the tank to accept more fuel by slowly adding gas after the automatic shut-off has been triggered, but many have reported gas then spilling out of the vehicle well before the tank has actually been filled to the advertised capacity of 17.1 gallons.”
Even in these situations, the gas gauge of affected Highlander vehicles rarely reads full, and the computed distance-to-empty usually sits well below the expected 615-mile range, the suit claims. The culprit, according to the case, is the inability of the fuel system in affected Toyota Highlander Hybrids to properly vent air and gas vapors during the refueling process:
“This activates the mechanical pressure switch on the fuel pump, which informs the pump that the car is full and shuts off the flow of fuel. If the fuel tank cannot properly vent, the fuel efficiency of the vehicle can also suffer, emissions from the vehicle can increase, and the system itself can sustain damage.”
More specifically, the alleged defect stems from a combination of insufficient air and gas vapor venting and the positioning of the fuel pick-up line in affected Highlander Hybrids, the suit alleges, noting that the latter component, which draws fuel from the gas tank, is positioned so as to prevent residual, potentially contaminated fuel from making its way into the engine.
The lawsuit contends the Highlander Hybrid fuel tank problem presents a safety risk for drivers and the general public in that the vehicles produce more emissions given their fuel systems are not properly vented. Per the case, this can damage fuel system components due to high internal pressure and increase the risk of fuel spilling out of a vehicle during refueling.
Despite the foregoing, Toyota, the suit alleges, has continued to promise that 2020-2021 Highlander Hybrid vehicles can achieve 36 miles per gallon for city driving and 35 MPG for highway driving, and hit a mileage range of 616 miles:
“In fact, Toyota continues to advertise the fourth generation Highlander Hybrids as having a 17.1 gallon capacity fuel tank despite knowing that consumers are unable to actually achieve that capacity.”
Drivers who call or email Toyota Customer Care to complain about the issue are met with obfuscation from the automaker, who pins the issue on “variables that can influence fuel efficiency and [distance to empty],” the lawsuit claims. The suit says that although Toyota “eventually acknowledges” the fuel tank problem when pressed, the company has refused to provide drivers with a date by which they can expect a repair for the persistent problem.
Stressed in the suit is that Toyota has experienced similar troubles with the 2019 RAV4 hybrid, whose 14.5-gallon tank could also not be filled to its advertised capacity and which was the subject of several currently pending, consolidated class action cases (In re: Toyota RAV4 Hybrid Fuel Tank Litigation, No. 3:20-cv-00337). The existence of putative class action litigation, the suit says, “further put Toyota on notice of the defective nature of the fuel tanks in its hybrid sport utility vehicles.”
To date, Toyota has not issued a recall or remedied the apparent Highlander Hybrid fuel tank defect, or compensated drivers for the costs of addressing the problem, the lawsuit says. Per the complaint, the automaker also has not made any disclosure acknowledging the defect, so as to seemingly not delay the release of the fifth-generation Toyota Highlander Hybrid “because of the expense and time it would take to fix the Defect in all of the Class Vehicles.”
Had Toyota disclosed the apparent Highlander Hybrid fuel tank defect, the plaintiffs and proposed class members would not have bought or leased their vehicles, or would have paid less, the case asserts.
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