Toyota DPF class action continues
ACCC agreement has no impact on consumer compensation claimThe Toyota diesel particulate filter (DPF) class action court case will continue despite an agreement reached this week between the Australian Competition and Consumer Commission (ACCC) and Toyota Australia.
As reported on Wednesday, the ACCC accepted a court-enforceable undertaking from Toyota to review and improve its Australian Consumer Law compliance and elected not to impose monetary fines.
This followed complaints to the ACCC from consumers about how they were treated by Toyota when they experienced issues with the DPF fitted to their vehicle.
But the ACCC resolution is not related to the Bannister Law and Gilbert + Tobin class action over the DPF fitted to both the 1GD-FTV 2.8-litre four-cylinder turbo-diesel engine and the 2GD-FTV 2.4-litre.
The two Toyota DPFs have not always regenerated automatically and have also been prone to blowing unburnt fuel in the form of white smoke and emitting a noxious odour during regeneration.
The DPFs are fitted to hundreds of thousands of Toyota HiLux, Prado and Fortuner models sold in Australia since 2015.
The class action accuses Toyota of misleading, deceptive and unconscionable conduct. It is seeking damages on behalf of Toyota owners affected by the issue between 2015 and 2020.
“Consumers who purchased one of the affected Toyota vehicles and are eligible to be group members in the class action remain able to claim compensation from Toyota through the class action,” a Bannister Law spokesman advised carsales by email.
“The ACCC’s acceptance of the enforceable undertaking from Toyota, and the ACCC’s decision not to require Toyota to pay a monetary penalty to it, will not affect the ability of group members to claim money from Toyota in the event the class action is successful.”
A technical report accepted into evidence in October savaged the DPF’s design. Toyota has also upgraded its warranty for the DPF.
The case is next in the Federal Court in Sydney on December 23. Hearings are expected to continue into late 2021.
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