Judge greenlights Quebec class action over key fobs and car thefts

CBC

2 days ago

A Quebec Superior Court judge has authorized a class-action lawsuit that alleges that key fob signals are too easy for car thieves to intercept.
The class action was filed on behalf of Quebec residents who had a vehicle equipped with a remote car access and starting system stolen on or after May 2, 2021, regardless of the vehicle's manufacturing date.
The lawsuit alleges the companies spent years using the key fob system "without worrying about the appropriate level of security against theft."
It claims these companies' on-board diagnostics systems also make cars vulnerable to theft, since it would allow someone to force a car to start after breaking into it and opening the hood.
In a ruling issued on Wednesday, Judge Clément Samson approved the class action for the following 13 automakers: Toyota, Honda, Hyundai, Nissan, Mazda, FCA, Ford, Audi, BMW, Kia, Mitsubishi, Subaru, Volkswagen and Volvo.
The judge ruled against a request to include Porsche, Jaguar Land Rover, Mercedes-Benz and BMW. The class action also excludes cases involving ultra-wideband technology.
The number of stolen vehicles in Quebec and across Canada soared after the pandemic, though they have been on the decline in recent years.
A report released this week found thefts are down 19 per cent in Canada in the first half of 2025 compared to the same time period in 2024.
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No warning in owner's manual
The lead plaintiff in the case is André Lacroix, who purchased a 2018 Toyota Highlander in June of that year.
In April 2022, his car was stolen from the front of his daughter's home in Boucherville, on Montreal's South Shore. He had locked his car by using his key fob. There was no security footage showing what exactly happened.
"The owner's manual provides absolutely no warning regarding the security of the smart keys associated with this vehicle," the lawsuit states.
"The manufacturers — including Toyota — have known about these flaws for several years but despite the risks for consumers, it appears they haven't modified their vehicles' security measures."
The court document states Lacroix wishes to represent more than 10,000 victims of car theft in the province.
Lacroix wants the car manufacturers to admit responsibility for having created a "design flaw enabling the theft of the group members' vehicles and for not having at least warned consumers of a security defect in their keys."
The lawsuit is seeking $1,500 in compensation for each person who had a vehicle stolen on or after May 2, 2021.
It's seeking another $1,500 for each vehicle that was either sold or leased between May 2, 2021 and May 2, 2024 — the latter being the date of the class action request. This amount would be given to a non-profit company that advocates for the consumer protection of car owners.
The lawsuit also calls on the judge to order the automakers to recall their vehicles and modify them to make them less vulnerable to theft.
The automakers have 30 days to appeal the decision. If not, the lawsuit could head to trial. Éric Bouchard, one of the lawyers behind the lawsuit, is asking victims of car theft who are eligible to participate in this case to contact him.