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A class action lawsuit in Canada alleges several automakers are responsible for thousands of vehicle thefts in Quebec.
The key fob class action includes Quebec vehicle owners who had a vehicle stolen on or after May 2, 2021, if the vehicle was equipped with a remote car access and starting system.
The lawsuit is another case where automakers are blamed for something a criminal has done.
Plaintiff André Lacroix says his 2018 Toyota Highlander was stolen from in front of a home in April 2022.
The plaintiff says he used the key fob to lock his vehicle, and even though there is no video of how it happened, the plaintiff complains flaws in the security of the smart keys caused the theft, something Toyota never warned him about in the owner’s manual.
The plaintiff complains automakers have known about their defective security systems but won’t do anything about the supposed problem.
According to the key fob class action, “design flaws” cause the thefts and the affected automakers should recall all the vehicles.
The Canada key fob class action lawsuit wants owners to receive $1,500 each to purchase anti-theft equipment and to pay deductibles and increased insurance rates.
Mercedes-Benz was dropped from the key fob class action after reminding the judge the plaintiff never owned or leased a Mercedes vehicle equipped with a key fob.
Mercedes also argued the plaintiff never verified which type of key fob is used in Mercedes vehicles and couldn’t explain how Mercedes-Benz technology differed from technology used by other automakers.
The plaintiff also admitted he never looked at a Mercedes owner’s manual and he couldn’t explain whether it was even possible to steal a Mercedes vehicle by intercepting a key fob.
Mercedes also argues the plaintiff could not provide any evidence of any vehicle thefts by relay attacks in the past three years.
Mercedes succeeded in its motion to be dismissed from the lawsuit, as did BMW, Jaguar Land Rover and Porsche.
However, the judge ruled the class action can proceed against Audi, FCA, Ford, Honda, Hyundai, Kia, Mazda, Mitsubishi, Nissan, Subaru, Toyota, Volkswagen and Volvo.
The Canada key fob class action lawsuit was filed in the Quebec Superior Court: André Lacroix v. Toyota Canada Inc., et al.