So Cal Prosecutors File First Consumer Protection Suit Against Toyota

Paul Niedermeyer
by Paul Niedermeyer

Reuters reports that Orange County District Attorney Tony Rackauckas along with private attorneys filed the first U.S. consumer protection lawsuit against Toyota USA. The main charge is that Toyota has endangered the public by selling defective vehicles and engaged in deceptive business practices. From the 18 page suit filed Friday morning:

“Against this backdrop of fraud and concealment, Toyota has for decades touted its reputation for safety and reliability and knew that people bought its vehicles because of that reputation and yet purposefully chose to conceal and suppress the existence and nature of defects,”

The suit seeks to restrain Toyota “from continuing to endanger the public through the sale of defective vehicles and deceptive business practices.” Toyota said it has no immediate comment.

Rackauckas is a Republican who is also up for re-election this year. He defended his hiring of private attorneys, and said that they will be paid out of any proceeds from the lawsuit. One lone protester at the courthouse insisted that the suit was being done for political gain.

Rackauckas told reporters he was becoming increasingly concerned about the safety of consumers and that his office has jurisdiction because Toyota’s U.S. headquarters is in California.

The suit charges that Toyota knew about the defects in “selling and leasing hundreds of thousands of cars and trucks with defects that caused sudden unexpected and uncontrollable acceleration.”

From the Detroit News:

Legal experts said they were surprised by Rackauckas’ suit. “It’s very unusual for a product liability matter to turn into a criminal or consumer fraud investigation,” said Robert Mintz, a former federal prosecutor now a partner with McCarter & English in Newark, N.J.

Ed Higgins, co-head of the product liability practice group at Plunkett Cooney in Detroit, said the county’s action was “extremely uncommon.”

And thus it begins. Or continues.

Paul Niedermeyer
Paul Niedermeyer

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  • Potemkin Potemkin on Mar 13, 2010

    Why is it so hard to believe that Toyota would lie and cheat for a better bottom line. They are no different than our own home grown Wall Street types. Toyota is not the first or last company to make safety decisions based on cost or hide negative blowback from those decisions. Based on Mr Toyoda's answers on The Hill they have something to hide. I say drag them thru court and see what happens.

  • Mtymsi Mtymsi on Mar 13, 2010

    The fact that this clown is up for re-election says it all. Nothing beats free publicity especially slanted to appear that the politician has gone to bat for the beleaguered consumer.

  • Keith Most of the stanced VAGS with roof racks are nuisance drivers in my area. Very likely this one's been driven hard. And that silly roof rack is extra $'s, likely at full retail lol. Reminds me of the guys back in the late 20th century would put in their ads that the installed aftermarket stereo would be a negotiated extra. Were they going to go find and reinstall that old Delco if you didn't want the Kraco/Jenson set up they hacked in?
  • MaintenanceCosts Poorly packaged, oddly proportioned small CUV with an unrefined hybrid powertrain and a luxury-market price? Who wouldn't want it?
  • MaintenanceCosts Who knows whether it rides or handles acceptably or whether it chews up a set of tires in 5000 miles, but we definitely know it has a "mature stance."Sounds like JUST the kind of previous owner you'd want…
  • 28-Cars-Later Nissan will be very fortunate to not be in the Japanese equivalent of Chapter 11 reorganization over the next 36 months, "getting rolling" is a luxury (also, I see what you did there).
  • MaintenanceCosts RAM! RAM! RAM! ...... the child in the crosswalk that you can't see over the hood of this factory-lifted beast.
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