— A Toyota RAV4 battery drain class action lawsuit will move forward in court, and minus only one claim against the automaker.
According to the class action, 2020 Toyota RAV4s purchased or leased in Georgia are equipped with electronic control modules that cause the batteries to drain while the vehicles are shut off.
The lawsuit says the control modules should prevent parasitic battery drain, but defects cause just the opposite to occur.
The RAV4 battery class action lawsuit includes:
"All persons who purchased or leased in the State of Georgia a 2020 Toyota Rav4 in all configurations and trim levels, including the 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 also cause problems with the headlights, tail lights, alternators and power steering.
The plaintiff claims he purchased his Toyota RAV4 based on "promises" in advertisements. McClure says he was exposed to advertisements on at least 700 occasions, alleged promises that said, “When it’s time to get away, RAV4 is ready to help you take on any trip."
The plaintiff also asserts Toyota promised him, through advertisements:
“Once inside, just press the Push Button Start and you’re ready to go.”
However, the plaintiff contends Toyota failed in its promises.
"But once he owned the Vehicle, Plaintiff McClure found it would not start when the button was pushed, it drifted dangerously between lanes, its headlights and taillights malfunctioned, and its reverse camera would not display correctly." — Toyota RAV4 class action lawsuit
The vehicle was brought to a Toyota dealer, but the lawsuit alleges Toyota refused to honor the warranty.
Toyota RAV4 Battery Drain Lawsuit Will Continue
Toyota filed a motion to dismiss the lawsuit, but overall the judge favored the plaintiff.
Toyota was granted its motion to dismiss the unjust enrichment claim, but that was the only good news for the automaker.
The judge moved the class action forward by refusing to dismiss the following claims:
- Georgia Fair Business Practices Act claim
- Breach of express warranty claim
- Breach of the implied warranty of merchantability claim
- Fraudulent concealment claim
The Toyota RAV4 battery class action lawsuit was filed in the U.S. District Court for the Northern District of Georgia (Atlanta Division): Nick McClure vs. Toyota Motor Corporation, et al.
The plaintiff is represented by the Carroll Law Firm LLC of Georgia, and Migliaccio & Rathod LLP.
