Actually, this is NOT true. Drive the way the EPA did and you STILL don't make those numbers in MANY cases. The EPA is a "best case" scenario, not a "real life" scenario. This is outlined in other sites so there is no point in repeating it here. I am actually one VERY against frivolous lawsuits so your barking up the wrong tree (in my case).

As an example, there ARE lawsuits against mfg's in VERY similar instances (Specifically, Acura transmissions were failing @ 80K miles). As such, Acura acknowledged "culpability" and now cover/absorb charges associated with about 75% of the replacement cost of those units.

Honda also "acknowledged" the fact that they had the wrong calculations on some odometers and therefore warranties are now 50,186 (or something similar) instead of 50K miles...

IMHO, Toyota's use of the erroneous EPA figures is a similar issue. They mis-represented expectations and that mis-representation drove sales. In my case I sold a GX470 which used to average 19MPG. When calculated against a 31MPG figure, the savings were substantial enough to warrant the purchase. Recalcuated with the CORRECT figures does not work out. And don't EVEN get me going on how Toyota (originally) mis-represented the Tax benefits (I got about $1,200 of the "promised" $2,600 tax credit. Many others got ZIPPO, NADA, blank).