A Cincinnati couple filed a putative class action lawsuit against Toyota charging fraud and negligence over a safety issue involving gas pedals that has caused a massive auto recall. The lawsuit was brought on behalf of all Ohio residents who have bought or leased vehicles Toyota-manufactured vehicles subject to the recall.

Toyota recalled more than 4 million vehicles in October over problems with pedals catching on floor mats. Last month, it recalled 2.3 million vehicles due to concerns over gas pedals that can stick when drivers step on the gas.

The Plaintiffs have not had any injuries due to the pedal problem, but the lawsuit says they are unable to drive their car "due to the danger of serious injury and death that can result from sudden acceleration from unknown causes." The lawsuit alleges that Toyota intentionally made false statements in order to sell vehicles and that the Coxes and other members of the proposed class were "defrauded into leading or purchasing vehicles that had undisclosed defects." The lawsuit also accuses Toyota of committing fraudulent concealment, unfair or deceptive consumer sales and trade practices and breaching warranties, leases and contracts.