Christina Spicer  |  October 6, 2014

Category: Consumer News

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ToyotaOn Friday, Toyota Motor Sales USA Inc. was slammed with a class action lawsuit alleging that its popular truck model, the Toyota Tacoma, suffers from a defect making that model particularly vulnerable to rust.

Lead plaintiff, Arkansas resident Ryan Burns, alleges in his Toyota class action lawsuit that model year 2005 to 2009 Tacoma pickup trucks are more susceptible to corrosion to the point they become unsafe to drive. The plaintiff further alleges that Toyota knew about the defect, but failed to provide adequate measures to Tacoma owners to manage and compensate them for the problems.

“Toyota USA has long known that the frames on its Tacoma vehicles lack adequate rust corrosion protection,” the Toyota Tacoma class action lawsuit says. “Despite this knowledge, Toyota USA failed to disclose the existence of this defect to plaintiff and other class members at the time of sale[.]”

Burns argues that because complaints about frame rust were received by the company, Toyota knew about the corrosion problems. Further, Burns alleges that Toyota extended warranty coverage in 2008 for Tacomas from 1995 to 2000 after receiving those complaints and that warranty extension was later applied to 2001 through 2004 Tacomas. He contends that Toyota paid some dealers in cold-weather states this summer to apply corrosion protection to 2005 to 2008 Tacoma frames and to repair and replace rusted ones.

However, Burns argues that these measures were not adequate to mitigate the problems caused by the alleged defect. “The limited service campaign is inadequate to remedy the latent defect existing on subject Tacoma vehicles because it only applies to a fraction of subject Tacoma vehicles and was not widely publicized,” the Toyota Tacoma class action lawsuit says. Burns claims that Toyota has violated Arkansas’ Deceptive Trade Practices Act and the Magnuson-Moss Warranty Act. Further, he seeks a declaration that the rust defect exists and that Toyota will repair or replace any Class Member’s truck and that Toyota must disgorge unjust enrichment.

The Toyota Tacoma class action lawsuit comes on the heels of a recall of nearly 700,000 model-year 2005 to 2011 Tacomas by Toyota over corrosion problems. Toyota on Monday said it was recalling them over concerns that faulty rear suspension systems could cause fuel tank leaks and potentially lead to fires. Additionally, shortly before that, Toyota said it would recall about 20,000 Avalon, Camry, Highlander, Sienna and Lexus RX vehicles over fears that the fuel delivery pipe in the engine compartment could leak and potentially increase the risk of fires.

In September, the company also said it would recall about 130,000 Tundra Crew-Max Cab and Double Cab vehicles because a possible installation problem could cause airbags to improperly deploy. Finally, in April, Toyota issued recalls covering 6.4 million vehicles worldwide over cable assemblies that can deactivate driver’s side airbags and weak rail springs that can allow seats to shift. For all of these recalls, Toyota said it didn’t know of any crashes, injuries or fatalities linked to the defects.

Burns is represented by Phillip J. Milligan of Milligan Law Offices, Michael L. Roberts of Roberts Law Firm PA and Ben Barnow and Erich P. Schork of Barnow and Associates PC.

The Toyota Tacoma Rusty Frame Class Action Lawsuit is Burns v. Toyota Motor Sales USA Inc., Case No. 2:14-cv-02208, in the U.S. District Court for the Western District of Arkansas.
UPDATE April 23, 2019: Toyota 4Runner owners with rust issues, check out theTCA 4Runner Rust Investigation.
  Submit your information to see if you qualify to participate in a class action investigation!

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108 thoughts onToyota Tacomas Are Vulnerable to Frame Rust, Class Action Lawsuit Says

  1. Todd olszak says:

    I bought a 2008 Tacoma access cab 4×4 used. Truck runs very well and has 190,000 miles on it.
    I finally crawled under it and it has severe rust in front of the leaf springs and a few other places.
    Someone used body filler to attempt to hide it. It passed what the car fax says emissions or safety inspection
    At a Toyota dealer in Maryland on 8/1/23 so I thought I was safe. I am very upset and not sure what to do!

  2. oscar says:

    i have Toyota tacoma i m call Toyota and not help me

    1. Ree says:

      Look up Toyota Warranty Enhancement Program Toyota Tacoma. The program is still going on. Even if your truck was undercoated. First take it to a car wash that sprays hard under the truck. My 1st dealer told me “no rust, strong from within” Bull Sh}t! “Surface Rust. Went through undercarriage wash and there is a 20mm hole and a bunch of rust. The hole has to be 10mm or larger for a frame replacement. All dealers say they do this work, but make sure they really know what they are doing! I have pictures of the bare metal of the frame. There is rust in the welds and metal. It looks like Toyota used trash metal in the mix for it’s frames. Some lawyer should look into this and get another class action suit going.

  3. william halik says:

    Purchased a 2003 Tacoma and the frame was undercoated Toyota’s first fix but the frame is cracked and needs to be replaced. Toyota is walking away and gave me a case number of 1908070399, to be repaired at my cost. The car was deemed as unsafe by a local dealer and is not drivable. The vehicle has less than 79000 miles and passed NJ inspection. .

  4. Epenesa Jennings says:

    I am on a waiting list to replace the frame for my Tacoma 2013 – its rusted. I submitted my name to the dealer in 2018 June. how long do we wait?

  5. Bob H says:

    I have a 2001 Tacoma (212K miles). The 1st frame was replaced in 2009, by Toyota, for being rusted through. The 2nd frame that was installed in 2009 has now rusted through also! I’ve been told the same as the rest of you about no longer being covered (even though its the replacement frame (and rest of the metal under the truck) that has now also rusted out). I was also offered some $$ toward a new or used certified pre-owned Toyota from a certified Toyota dealer. All of the reps I have spoken with have been great and as helpful as they can be! I also LOVE my Tacoma! I can’t think of another truck that could do for me what this 4 cyl. Xtended cab, 5 speed has done. I am just VERY disappointed that this “cancer” has shortened its life and usefulness. I am also very concerned that even a 2018/2019/2020 Tacoma could suffer the same fate.
    So I’ve been trying to get this last month out of my TT until I could get back north to get a 4WD replacement, but my brakes went out today and the mechanic told me that it would take some labor to bust through the rust to remove the internally leaking valve supports and replace it ($700) and I’d have to sign a waiver because they don’t trust the rest of the truck to not break and didn’t want to be liable.
    l still want to love a Toyota Tacoma, and after 18 years and 212K, I guess I should be happy (if it wasn’t a Toyota). BUT IT IS A TOYOTA! and I should have easily been able to put at least another 100K. I could have bought a dodge or ford if I wanted to only expect 150-200K.
    Thanks for letting me vent.

  6. Eric Matney says:

    I live in Michigan and have a 2001 Toyota Tacoma. The frame is severely rusted to where it is unsafe to drive. Would my truck fall into this?

  7. Top Class Actions says:

    UPDATE April 23, 2019: Toyota 4Runner owners with rust issues, check out the TCA 4Runner Rust Investigation.  Submit your information to see if you qualify to participate in a class action investigation!

    1. Terry Phillips says:

      Mine was sprayed with the undercoating 9 yrs after I bought it. I was told afterwards that it gave me an extra 15 years on my warranty, which was a lie. Everything thing under my truck is totally gone. They undercoated a frame that should have been replaced causing it to rust from the inside out. I can actually grasp parts of my frame with my fingers and break pieces off. I’m very upset that I have a truck with everything good except the frame and suspension.

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