— A Toyota RAV4 battery drain class action lawsuit will continue in court and reduce just one claim against the automaker.
According to the class action lawsuit, 2020 Toyota RAV4s purchased or leased in Georgia are equipped with electronic control modules that cause the vehicle to drain its battery when turned off.
The lawsuit alleges that the control module was supposed to prevent parasitic battery drain, but the defect caused the opposite to occur.
RAV4 battery class action lawsuit includes:
“Anyone who purchases or leases a 2020 Toyota Rav4 in Georgia in various configurations and trim levels, including LE, XLE, XLE Premium, Adventure, TRD Off-Road, Limited, LE Hybrid, XLE Hybrid, XSE Hybrid, and Limited Hybrid.”
Georgia plaintiff Nick McClure claims electrical problems can also cause problems with the headlights, taillights, alternators and power steering systems.
The plaintiff claimed that he purchased the Toyota RAV4 based on the “promises” in the advertisement. McClure said he was exposed to the ad at least 700 times, which allegedly said: “When you need to get away, the RAV4 is ready to help you on any trip.”
The plaintiff also claimed that Toyota promised him through advertising:
“Once in, just press the start button to get started.”
However, the plaintiffs claim Toyota failed to deliver on its promises.
“However, once Plaintiff McClure took possession of the vehicle, he discovered that it would not start when the button was pressed, that it drifted dangerously between lanes, that the headlights and taillights were malfunctioning, and that the backup camera did not display properly.” — Toyota RAV4 Class Action Lawsuit
The vehicle was taken to a Toyota dealer, but the lawsuit alleges Toyota refused to honor the warranty.
Toyota RAV4 battery drain lawsuit to continue
Toyota filed a motion to dismiss the suit, but overall the judge favored the plaintiffs.
Toyota’s motion to dismiss the unjust enrichment claim was granted, but that’s the only good news for the automaker.
The judge refused to dismiss the following claims, moving the class action lawsuit forward:
Georgia Fair Business Practices Act Claims
Breach of Express Warranty Claim
Breach of Implied Warranty of Merchantability Claims
Fraudulent concealment of claims
The Toyota RAV4 battery class action lawsuit has been filed in the U.S. District Court for the Northern District of Georgia (Atlanta Division): Nick McClure v. Toyota Motor Corporation et al..
The plaintiffs are represented by Georgia Carroll Law Firm LLC and Migliaccio & Rathod LLP.
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