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A class action lawsuit filed in California has alleged Toyota, Ford and General Motors has failed customers in its duty to ensure its connected vehicles function properly and safely.

The suit, which can be found here, argues the defendants ‘failed to ensure the basic electronic security of their vehicles’. “Anyone can hack into them, take control of the basic functions of the vehicle, and thereby endanger the safety of the driver and others,” it reads.

The reason the plaintiffs are concerned relates to hackers sending controller area network (CAN) packets to electronic control units (ECUs) and theoretically being able to take control of braking, steering, acceleration, and other basic functions of the vehicle.

This is bad enough in itself, but the meat of the lawsuit lies in the argument that the mentioned manufacturers knew of the problems, yet still offered top dollar for their connected cars. Describing their practice as “unfair, deceptive and/or fraudulent”, the plaintiffs argue that, had they known of the defects at the time they purchased or leased their vehicles, they would have paid a lot less, or avoided the issue altogether.

The three plaintiffs, who live in California and Oregon, owned or leased a 2008 Lexus RX 400 H, a 2014 Ford Escape, and a 2013 Chevrolet Volt respectively.

“Toyota, Ford and GM have deliberately hidden the dangers associated with car computer systems, misleading consumers,” lead attorney Marc Stanley said in a statement.

He added: “We shouldn’t need to wait for a hacker or terrorist to prove exactly how dangerous this is before requiring car makers to fix the defect. Just as Honda has been forced to recall cars to repair potentially deadly airbags, Toyota, Ford and GM should be required to recall cars with these dangerous electronic systems.”

But what can be done to remedy the situation? Andrew Ashby, automotive and transport business manager at Plextek Consulting, wrote in this publication in February the importance of the ISO26262 functional safety standard, serving a need for both suppliers and insurance underwriters protecting them from liability.