But a Los Angeles judge dismissed the case without allowing it to go to trial. DeSiqueira appealed, and a three-judge panel unanimously decided that the automaker's service agreement and the factory warranty are not identical. The plaintiff sought damages and retribution in the form of a refund for the price of the service agreement for himself and other car buyers who had opted into the program.
Despite the fact that the appeals court effectively scuttled Desiqueira's lawsuit, one judge did suggest that the consumer may have a legitimate claim that Toyota engages in deceptive sales practices by leading buyers to believe that the service agreement offers greater protection than it actually does.
[Source: Automotive News – sub. req]