Saw Someone Is Starting A Class Action Against Lexus (Toyota) Based On Mileage Claims

So I Googled this story. Some Lexus CT200h owner is suing Toyota claiming that his CT200h's mileage claims are way over exaggerated. I'm not sure how he's driving his CT but Lexus claims about 42 combined. I have yet to get that low a figure. The mileage figure on the current display in the car is exactly 3 MPG over when I actually compare with miles driven vs gas added to fill the tank up. I use Fuelly.com and have since I owned my car and have never got less than 46 MPG and that was recently when I got the recall fixed (they probably left my car running).