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What is a class action?

A class action is a legal proceeding where seven or more people have claims, on behalf of themselves and other people who have similar claims, against the same individual or corporation in respect of substantial common issue of law or fact.

The class action process serves as a mechanism to save time and expenses for individuals and corporations affected. By avoiding the need for the court to determine common issues of fact or law more than once, the class action process enables disputes and claims involving large numbers of people to be resolved via a single case.

What is the Toyota Class Action about?

The Toyota class action was filed in the Federal Court of Australia and claimed compensation (that is, money) for defects in Toyota Hilux, Fortuner and Prado vehicles with a 1GD-FTV or 2GD-FTV diesel engine acquired between 1 October 2015 and 23 April 2020 in Australia (Relevant Vehicles).

On 16 May 2022, the Federal Court of Australia delivered an important judgment following the initial trial which took place in December 2021. The Court found that:

  • all Relevant Vehicles failed to comply with the guarantee of acceptable quality provided in the Australian Consumer Law by reason of their defective DPF systems;
  • representations made by Toyota regarding the Relevant Vehicles were false or misleading in contravention of the Australian Consumer Law
  • Toyota engaged in misleading or deceptive conduct in contravention of the Australian Consumer Law by failing to disclose, or disclose adequately, to purchasers of the Relevant Vehicles, or to the public at large, the issues with the DPF system; and
  • Toyota’s failure to comply with the guarantee of acceptable quality resulted in a reduction in the value of the Relevant Vehicles in the amount of 17.5% of the average retail price of those vehicles.

Eligible group members are entitled to be paid money to compensate them for this reduction in value and for the excess GST they paid as a result of acquiring their vehicles at prices which were higher than the true value of those vehicles.

What is an Eligible Claim?
An eligible claim may be anyone in Australia that acquired one or more models between 1 October 2015 and 23 April 2020 of Toyota Hilux, Fortuner, or Prado vehicles fitted with a 1GD-FTV or 2GD-FTV engine.
When is the deadline to submit a claim?
There is currently no deadline to register a claim.
How long will this process take?
Large class action cases often take years before refunds are received. In this case, timing is in the hands of the court and the Scheme Administrator — the company responsible for processing, validating, and distributing payments to eligible claimants. No distribution dates have been announced.
How much money will I receive?
Information regarding how much money each eligible vehicle will receive as a refund is not known at this time. As it is still early in the process, some variables need to be decided by the court, Class Counsel, and the Scheme Administrator. It’s expected that the Distribution Protocol, which has yet to be released, will provide details on how the claim award for each eligible vehicle will be calculated.
Who Is Class Action Capital?

Class Action Capital is a market leader in class action settlement claim management. Custom Fleet has partnered with CAC to proactively manage claims and optimize settlement fund recoveries for our customers in the Toyota HiLux case. CAC has already established a relationship with the Scheme Administrator to help make the submission, evaluation, and payment of claims for the unique subset of commercial fleet clients. In partnership with Custom Fleet, CAC is assisting with eligibility assessment, managing claims submission, and helping with refund distribution to Custom Fleet customers.

Class Action Capital Stats:

  • 70% – Market Share of North American Fleet Manager, Rental Car, and Corporate Fleet Clients
  • 20,000,000 – Number of vehicles under CAC’s claim management program in North America
  • 40 – Number of automotive specific class action cases managed by CAC for fleet clients
  • $250,000,000 – Value of claims filed by CAC on behalf of fleet clients

Note: You do not have to hire a third-party claims specialist and are entitled to file your claim on your own without incurring any fee. No-cost assistance will be available from the Scheme Administrator and Class Counsel during the claims filing period.

How is Class Action Capital compensated?
Class Action Capital (CAC) works on a success fee basis. There is no upfront cost to sign up with Class Action Capital. CAC is only paid from the amount recovered from the Toyota HiLux case. If CAC is unsuccessful in obtaining a refund for your company, CAC does not receive any payment. Class Action Capital’s fee is 25 percent of the recovery from the Toyota HiLux case.
Disclaimer: This communication is informational only. It is not legal advice, and you should independently assess the class action, the settlement(s), and your related rights.

Case Updates

November 2022

A 3-day appeal hearing was held, commencing on 14 November 2022.

August 2022

Toyota had lodged an appeal on 31 August 2022, with a scheduled hearing in mid-November.

May 2022

On 16 May 2022, the Federal Court of Australia made orders giving effect to the judgement delivered.

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