Anne Bucher  |  January 5, 2017

Category: Closed Class Actions

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toyota

Toyota Motor Sales USA Inc. has agreed to settle a class action lawsuit alleging the frames in some of its popular trucks were prone to rust, requiring repairs and/or replacement.

If you own or lease (or if you previously owned or leased) a Toyota Tacoma, Tundra or Sequoia, you may be eligible for benefits from the Toyota class action settlement.

The Toyota class action lawsuit, which was initially filed in October 2014 by plaintiff Ryan Burns, asserts that the frames of certain Toyota Tacoma, Tundra and Sequoia vehicles do not have adequate rust protection. As a result, the frames allegedly rust or corrode prematurely.

Burns alleges that excessively corroded truck frames pose a safety hazard and affect the vehicle’s ability to withstand or minimize damage in the event of a car accident. The Toyota class action lawsuit asserts that the rusty truck frame defect renders the vehicles “unstable and unsafe.”

Toyota denies that it engaged in any wrongdoing and maintains that there is no rust protection defect in the trucks. However, the motor company has agreed to settle the rusty truck frame class action lawsuit to avoid the expense and uncertainty of ongoing litigation.

The proposed Toyota class action settlement will provide a free Frame Inspection and Replacement Program to determine whether a Class Member’s vehicle frame should be replaced.

If replacement is necessary in order to meet the Rust Perforation Standard, the frame will be replaced at no cost. Toyota has also agreed to reimburse Class Members who paid for frame replacement due to rust perforation and whose costs were incurred prior to Jan. 3, 2017.

Class Members who would like to exclude themselves from or object to the Toyota truck settlement must do so no later than Mar. 27, 2017.

Who’s Eligible

Class Members of the Toyota rusty truck frame settlement include anyone who owns or leases (or who previously owned or leased) one of the following Toyota truck models:

  • 2005-2010 Toyota Tacoma
  • 2007-2008 Toyota Tundra
  • 2005-2008 Toyota Sequoia
Potential Award

Varies.

The type of benefits each Class Member is eligible to receive depends on several factors. Class Members who currently own or lease their vehicles will be able to take part in a Frame Inspection and Replacement Program to determine whether the truck’s frame should be replaced. NOTE: The Frame Inspection and Replacement Program will begin after the settlement becomes finalized.

If a Class Member’s vehicle must remain at a Toyota Dealership overnight (or longer), Toyota has agreed to provide a loaner vehicle (with proof of adequate insurance) for up to seven days while the frame is being replaced.

Proof of Purchase

Class Members must submit a Claim Form and supporting documentation, if available, to be considered for reimbursement for a prior frame replacement.

Claim Form Deadline

6/26/2017

Case Name

Brian Warner, et al. v. Toyota Motor Sales USA Inc., Case No. 2:15-cv-02171-FMO-FFM, in the U.S. District Court for the Central District of California

Final Hearing

4/27/2017

UPDATE: The Toyota Rust-Prone Truck Frame class action settlement was granted final approval on May 21, 2017.  However, appeals to the settlement have been filed.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.

UPDATE 2: As of October 30, 2017, appeals to the Toyota Rust-Prone Truck Frame settlement have been dismissed.  It is not known at this time how quickly claims will be paid.  Let Top Class Actions know when you receive a check or frame replacement in the comments section below or on our  Facebook page.

Settlement Website
Claims Administrator

Settlement Notice Administrator
Brian Warner, et al. v. Toyota Motor Sales USA Inc.
c/o Heffler Claims Group
P.O. Box 910
Philadelphia, PA 19105-0910
1-800-481-7948

Class Counsel

Timothy G. Blood
BLOOD HURST AND O’REARDON LLP

Ben Barnow
BARNOW AND ASSOCIATES PC

Defense Counsel

John P. Hopper
REED SMITH LLP

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102 thoughts onToyota Rust-Prone Truck Frame Class Action Settlement

  1. Joseph Slattery says:

    Same problem 08 tacoma frame rust holes. Poor design layered metal recipe for rust and corrosion

  2. Diane kelley says:

    Our 2006 Toyota Tundra frame is rusted out! We did the spray recall and heard NOTHING about class action so we missed out. Frame is rusted out, can’t trade it in so at 147,000 is dead! Sorry but there are HUNDREDS of us who never knew about class action or any other recalls. Another one needs to be done! This is a issue Toyota knows about!! Why were we not notified??? My 1998 Toyota Corolla is fine! Please we need help! Toyota needs to fix or buy trucks back at book value! We don’t drive UNDER the truck to see it’s unsafe! The rest is excellent condition

  3. John says:

    I have a 2007 tacoma bough brand new now my frame is rusted. Call toyota and they said the same thing. Under coated in2014 and now it won’t pass inspection. Trying to find some to see if it can be repaired.

  4. Kenny kasecamp says:

    I own a two thousand six toyota tundra. The frame is shot under it. I bought the truck five years ago and transferred the underscript to my name. I was told at the time that my two thousand six hundred was not eldril for frame replacement. Twitter did recall the two thousand and six sequoia s u v. This big has the same frame is mine. I was certainly thinking Toyota should take care of all these frames. They put out there under these trucks they are very unsafe. My truck has a lot left in it but it’s going to end up on the salvage yard. The frame cannot be repaired it needs to be placed. Toyota needs to take care of all these bad Frames.

  5. Pam says:

    When I received my letter I took my 2007 sequoia in to Winchester Va they took my truck back told me to come back in 4 hours to pick it up. They told me all they were responsible for is spraying under my truck. I had it in a few times after and the rust on my frame was mentioned but nothing about getting a new frame which this was all before the expiration date. I had to get a company to do corrosion control because my frame was going to fail inspection. I had to have over 5600.00 work done to keep my truck which is paid for and has no other issues. I contacted Toyota was given a case number, gave all the information to the general sales manager, my X husband was with me in 2017 and back before the expiration date because he was worried about the rust on my frame. Toyota has yet to speak to me or explain why I never was offered a new frame even when it was noticed before the expiration. I am being told because the technician never entered the notes hat is my fault NO THIS IS TOYOTA NOT TAKING RESPONSIBILITY. They should be made to give me a new frame I should have never had to pay out of my pocket. They also have ripped people off on the EZ Oil Consumption. Toyota is not standing by their 21 point inspection. No one ever inspected my truck they just took it in and sprayed it and the tech place a sticker in my book said I was all good life time warranty yes my X was with me but of course the person no longer works there and they never took before and after pictures. Where did the 3 Billion go???? This needs to be reopened. TOYOTA NEEDS TO BE HELD ACCOUNTABLE.

    1. Maria Padilla says:

      I have the exact same issue. Car was sprayed and in 3 years it won’t pass inspection because of rust on frame. I called and went to dealership and was told it’s out or the settlement range. It’s a huge paperweight now. What is the answer as legal fees to sue are not in the budget. I saw recall was 15 years unlimited mileage? Any suggestions?

  6. Drew Isola says:

    I have the same issue with my 2008 Tacoma. I never received any notification from Toyota. When my mechanic discovered holes in my frame I started doing some online research and found out about the frame replacement program. I contacted my local dealer and Toyota customer service they looked up my VIN and said I had missed the 12 year window by 7 months. They also said the frame had been inspected and undercoated in 2014 by a Toyota dealer, 6 years after being in service, for a previous owner. Who sprays undercoating on a 6 year old vehicle? That just traps and hides the rust so it’s no wonder it took me so long to find it. Their so called remedy in 2014 made the problems worse and hid them so future owners wouldn’t see them. Does anyone know if there is a new class action suit being filed on this? There should be.

    1. Renee Harrison says:

      2003 Tacoma 4 door double cab same issue Toyota states enhanced warranty was mailed out. Never received it. Also had truck in when my tire carrier fell off in middle of highway. Nobody mentioned rust enhanced warranty to me then either. I was told if enough people come forward maybe we can get this reopened. Not holding g my breath though.

  7. Pauline Halbert says:

    I have the same issue with my 2009 Toyota Tacoma. Went to have an inspection done in NY and received the news that the frame is rusted and won’t pass. Contacted Toyota and received the same “ it is too late”. Toyota is not accepting responsibility for any of this. They should have notified all owners about the problem. I am currently an owner of a 2021 Venza and it will be going down the road soon. Toyota has failed miserably in dealing with this. We have been a firm believer and customer of Toyota for years but no longer. This will be the last.

    1. Renee Harrison says:

      Same for us Tacoma and 4runner but never again toyota doesn’t stand behind these vehiclesr

  8. Phil G says:

    I have a 2006 Tacoma with the exact same issues that everyone else detailed above. If there is anyone with legal knowledge on how to approach this I have taken pictures so that if anything terrible were to happen while driving I would hope that even though this was technically considered a campaign not a safety recall that there would still be some way to show willful negligence on Toyota’s part. How is a potential leaf spring that may rupture the fuel tank a safety recall but excessive corrosion to the frame which is probably in part from using inadequate long-term steel not a safety recall which would make it eligible for replacement at any point without an end date. If a potential faulty leaf spring is a safety recall how is a compromised frame not more of a safety issue…..

  9. joan tout says:

    Bought a new Toyota Tacoma in 2009. We sold it to our son about 2016 and when he took it in for inspection this month he found out it won’t pass inspection because the frame is shot. Neither of us ever got a notice from Toyota about the frame issue . My son called Toyota about the problem and they basically said “too bad, the recall is over”. He is now faced with a truck he can’t drive after October. Can’t trade it in or sell it. Toyota needs to do the right thing by their customers or they won’t have customers. I know we will tell everyone we know not to buy Toyota. They should change the name back to Toyoda because they are rice paddies.

    1. Michael Schaefer says:

      I did receive a letter regarding this and went to the dealer for an inspection. The frame was not rusted and they applied an undercoating to the outside and inside of the frame tubes. Now, the frame is rusted through in spots and needs to be repaired or replaced. Is there any recourse at this point since the “solution” did not work as I was told?

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