Toyota Dealer Finance (Flex Commissions) Class Action

Litigation Lending is funding a class action, being run by Echo Law, against Toyota Finance Australia in relation to unfair dealer loans.

The class action alleges that, between 2010 and 2018, there was an undisclosed “flex commission” arrangement between Toyota Finance Australia and its dealerships, which encouraged those dealers to inflate the interest rates on loans they arranged for their customers.

This arrangement created a conflict of interest between the dealer and the customer that was never disclosed and resulted in customers paying significantly higher interest charges than they would have otherwise agreed.

The allegations made in the proceeding include that Toyota Finance:

  • engaged in unfair conduct in contravention of section 180A of the National Consumer Credit Protection Act 2009 (Cth);
  • entered its customers into unjust loans within the meaning of section 76 of the National Credit Code;
  • engaged in misleading or deceptive conduct in contravention of the Corporations Act and/or the ASIC Act; and
  • the loans were entered into pursuant to a causative mistaken belief and are therefore void and entitled to be rescinded.

The class action seeks to recover the additional interest fees paid by Toyota Finance customers, and is based on allegations that Toyota Finance’s conduct was misleading, deceptive and unfair.

Toyota Finance customers who entered into dealer loans between 1 January 2010 and 31 October 2018 can learn more about the class action and register their interest in being updated as it proceeds at www.echolaw.com.au/toyota.

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