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On 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
Did the 01 through 04 Tacoma CRT remedy actually work, or was it a scam to stall for time? Does anyone know how many of those vehicles are still on the road with original treated frames?
It was a scam. Do you have a 1995 to 2000 Tacoma? We are looking to start a class action suit for that model year. If you are influenced call Philip Milligan (479) 783-2213. I got screwed and I am fighting back! My 2000 Tacoma is dead at no fault to my own.
Will do. Can you post an update? How would we get more affected Tacoma owners to join this?
I have started a Facebook page called Toyota Frame Corrosion. I have a 2006 they refuse to fix. I am on a social media campaign so please look for the page and Like it and share it and forward to others. Call Philip as stated above.
We are in!! We own a 1997. The dealership suggested we get the undercoating 4 years ago because of their problem. Now its swiss cheese and they are saying its our problem! How does a back end frame going from just needing an undercoating to swiss cheese in 40k miles? It was hardly driven!
I have been a very loyal fan to Toyota, Since 1980 I have purchased ten Toyotas. The rusted out frames on 1995-2004 Tacomas. I never rec’d one notice about my frame! From what I understand the squeaky wheel does get the grease. I have read some conflicting info on the number manufactured and the number of the rusted out frames repaired or re-purchased. I do not think toyota was fair in this assessment. I think Toyota repaired around 120,000, which is about ten percent.
I bought a used 2003 Tacoma with 85k miles on it. Eleven months later the frame is rusted through. The truck is unsafe to drive. I went to the dealer and they said it is not eligable for the replacement frame recall by Toyota. I called Toyota Headquarters, filed a claim , and got a return call. The agent said I am not eligible for frame relacement because the original owner never had the frame treatment applied, recommended by Toyota, so therefore the frame replacement is null. Incidentally, Toyota has extended the recall untill 2016 if you meet their requirements. This is wrong! Toyota made this problem and they should fix it regardless of ownership, time, or compliance with a ridculous program.
In 2004 I purchased a New 2004 Tacoma 4 by 4 double cab. The truck is mint. No rust no problems. Drives like it is a few months old. 90.000 .Took it in 5/15 for front brakes. When it went up on lift,lift crushed frame. At this point we inspected rest of frame and it was totally shot. Not safe to drive.(Glad I went in for brake job). Went to Toyota Dealer in WNY. Told nothing they can do. My truck is not on re-call list and if it was the recall offer/action has stopped in 2012. I figured if I worked a deal with a new one they would help me out. No such luck……..Any help? Ideas?
Philip Milligan (479) 783-2213 – attorney in AK looking to start class action suit.
Is this the case and what are the requirements to push this forward?
I own one of the Toyota Tacoma trucks with a frame rusted through. I contacted Toyota in 2012 because I noticed rusted frame and rusted severely, some areas you could see light through. I have owned 10 Toyota since 1980. Now they are saying they are not responsible. No way no how! I need to get it repaired, but Toyota has rejected. I am not responsible for Toyota’s lack of properly preparing the frames to not rust. The rest of truck is like new. Thank you for your time.
Heres my story…I received my first letter from Toyota in 2008 regarding the frame rust issue. I did exactly as the letter stated and brought my truck to Markquart Toyota, a Certified Toyota dealer in my home town for Inspection. The letter clearly states If no perforation is found they will apply the CRC. They did not. I was told they did not have the product but would call when it came in. Never got a call. I received another letter in 2011, same deal, back to Markquart Toyota told the frame was clean and they DID NOT have the CRC product again. I still have the letters and the invoices from these visits. Fast forward to last week 3/15. While getting the oil changed the Tech noticed two holes in my frame ahead of the left rear wheel. I was completely stunned at what I was seeing! How could it go from perfectly clean to this tragedy in three years?? I was told they were skeptical about lifting the truck on the hoist due to this condition. My first phone call was to the Service Manager at Markquart Toyota and was told there was nothing they could do and gave me the 800 number to Toyotas customer care center. I told my story to the gentleman with Toyota, was put on hold for five minutes and was told again there was nothing they could do for me. I requested the next level of management and was told his supervisor would call me back within 24 hours. I have not received a call from Toyota to this point. The extended warranty is a 15 year warranty. My truck is a 2000 year model. Although it is 2015 my truck, Im told, this particular vehicle first hit the road on 10/12/99. What really pains me with this experience is the fact that I did everything I was supposed to. the dealer did not, Toyota has not. So now I have a truck that is essentially worthless, a safety hazard to its occupants and others on the road and I cant pull my Mastercraft ski boat. How would my insurance company feel about this? If anyone can provide contact information to someone within Toyota that actually cares even a little bit I would certainly appreciate it!
I am having same problem 2000 Toyota Tacoma just found rust at a sears oil change. went to Toyota verified there was a hole in frame but buyback program was over. called headquarters assigned case number and then was told car went on the road in june 2015 so my 15 years is officially up. are you getting anywhere? I don’t know how to get in on a class actionf
Ask for Andrew Kemp, Manager Service Administration by calling the switchboard 1-416-438-6320. Hopefully he can help you out.
Who is this person? My story is the same as above. I had my 2006 truck accessed and Tarbox Toyota of RI determined that it only needed to treated with an undercoating. This was on October 10 2014. I just had my truck serviced at another location on 6-4-2016 and they told me that I have a LOT of rust and some frame separation and I should contact Toyota to have it looked at. I went back to Tarbox and they said there is nothing they could do. They confirmed the frame rot issues, took pictures of it and forwarded to Toyota Corporate and it was assigned a claim number. A Cass Manager called me the next day and told me that I was on my own. What do I do now??? I have spoken very highly of my Toyota vehicles until now. Any advise what is the next step?
Are they going to give owners 150% of blue book value again? I am effected here in PA? They say Toyota will not offer that deal again? Could someone please help me? I am so frustrated, the dealership have me a rental car and said will see you in 2 to 3 months.. I don’t no how they can’t offer me the same deal tacoma owners got the last time for the same issue? Any help thanks
I am dealing with Toyota too with no avail. Toyota trucks rust out completely in two or three years, after that the pieces of rusted nuts and bolts just starts to rust thru and everything underneath and then up on the cheaply made trucks. If anyone knows of any success to deal with Toyota please let me know. What ever you do never buy any Toyotas built with the cheap American steel.
My 2001 Toyota Tacoma was sagging on the right side I looked under to find that the chassis has collapsed due to rust. Toyota acknowledged the recall but said they sent me a notice to have undercoated and since I didn’t undercoat that I wasn’t eligible. I told them that I never saw the notice I asked where they sent it and was told to an address where I haven’t lived in ten years.
I have a 2006 tacoma and recently went to get it inspected and the frame rusted pretty bad and developed holes in the frame and would not pass PA inspection. I called Toyota and took it to the dealership and they said it pretty much was my problem and that I would have to pay for it and if there was a recall they would reimburse me. I don’t understand how they can recall older models for the same thing but not the newer ones. I’ve never had a car or truck rust this bad so quickly
The Frame of my Tacoma 2006 is heavily rusted and perforated. I submitted a complaint to Toyota customer service and their answer was “we are sorry but we can’t do anything. Once the vehicle is outside of its warranty parameters, the cost of repairs becomes the owner’s responsibility” and we are talking of a repair cost of $10,000. Toyota is refusing to accept that this manufacture defect that is affecting the structural integrity of thousand of Tacoma trucks in the whole country and is becoming a huge financial quandary for hundreds and hundreds of costumers. Sooner or later Toyota Corporation will be accountable.
Had to sell my 2006 because of frame rust. Toyota offered me no help, told me it would be about $10k to replace the frame. Didnt feel safe to drive it. Lost money on a paid off truck
I have a 07 Tacoma, Im I qualified for this class action.