Keyless Fob Consumer Class Action

Updated: January 26, 2016
Status: Ongoing Case

Labaton Sucharow leads the charge in a consumer class action against auto manufacturers of deadly keyless fob ignition systems.

On August 26, 2015, Labaton Sucharow filed a nationwide consumer class action against manufacturers of cars that use keyless fob ignition systems, including Toyota, Nissan, Honda, and Volkswagen, among others.

Keyless fobs replace traditional keys in many modern vehicles, but unlike physical keys, do not turn the engine off. In the past few years there have been at least 13 deaths and many serious injuries from carbon monoxide poisoning caused by the cars at issue. The complaint alleges that when drivers leave these cars with the engine left silently running—a common occurrence—there is no automatic shut off to protect drivers and their families. The plaintiffs claim that this convenience feature, often a pricey add-on, was made without the institution of adequate safeguards, and automakers have misrepresented those vehicles as being safe.

Led by Martis Alex, Chair of Labaton Sucharow’s Consumer Protection Litigation Practice, the plaintiffs seek injunctive relief to eliminate the safety hazard, as well as the recovery of drivers’ economic losses. “We are bringing the suit to force the auto manufacturers to fix this defect and protect drivers from the very real and immediate threat of serious injury, or even death,” said Alex.

Additionally, the complaint alleges that such defects can be fixed and some auto manufacturers have already implemented an auto-off mechanism to prevent this very defect.

The hearing on the motions to dismiss is scheduled for June 27, 2016.

The case is Draeger v. Toyota Motor Sales, U.S.A., No. 15-cv-06491 (C.D. Cal.). The defendants are Toyota, Nissan, Honda, and Volkswagen, among others.

For more information, please read our press release.

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