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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
I took my 2005 truck in October for the recall. They said I needed a new frame but it was ok to drive to the new frame comes in.They also said I would have to pay 450.00 for a new trailer hitch which is also rusted through.Of course I don’t feel like I should have to pay this since it came with the truck when I purchased it new.Im still arguing this with the dealer. It supposed to be in in jan.(the new frame) so I still have time to fight this. I also wished they would’ve just bought it since its barely worth 10000 the cost of the new frame.
I just took my 2006 Tacoma into the Dealership today. They said I had 2 small holes in my frame and that they would be ordering a new frame and other related parts. The Rep said it could take 2 weeks to 2 months to get the parts in and then about a week to do the work. She did warn me that other parts could end up needing replaced at MY expense. So I`m waiting….but wondering if Toyota will come back with their previous buyout plan that they offered….which was GREAT….150% of KBB value! I bet if you take the free frame offer right now theres no way you could get the buyout later.
I have a 2006 Tacoma which has been verified by my Toyota dealer as being unsafe to drive due to excessive rust damage to the frame caused by faulty corrosion protection. My Tacoma now sits at the dealer waiting for a new frame, which they told me will take about 4 months to get and then a couple more weeks to install! Toyota is paying for a loaner from Enterprise for me, which is a 2016 Nissan Frontier 4×4 pickup. Its nice and I am glad they are doing that for me. But the big nasty shock is that both the dealer and the national Toyota headquarters said that they will pay for the frame, but that I should still expect to pay $2000 – $3000 for all the rusted parts that they will break taking them off the old frame! So the frame is covered but not the struts, springs, exhaust system, motor mounts, and all the rest of the parts that attach to the frame that are rusted on and will break when they try to remove them from the old frame! I was shocked when they told me that. What kind of a rotten deal is that? How do they figure that I should pay for these parts when the whole job has to be done because they performed faulty corrosion protection in the first place? I will not stand for this. Right now I have no choice but to have them replace the frame, but that is NOT going to be the end of it. I will join a class action suit or go through the NHTSA or some other agency to get my money back. I am hoping the government will force a recall on Toyota for this defect and make them pay for the whole thing. I am frustrated and fed up with Toyota for good!
Had my 06 at the dealer. They told me the frame needed to be replaced and put me in a Rav 4. A week went by and I got a call from the dealer saying Corporate denied putting a new frame in and offers no help fixing a frame that’s dangerous to drive. I’m on Long Island NY. Any ideas on how to procede?
Philip Milligan (479) 783-2213 – attorney in AK looking to start class action suit. Also call corporate 310-468-4000. Ask for CEO Jim Lentz and they will dump you into a voice mail where they say an analyst will get back with you the next business day. We all need to call and bombard them with complaints.
Same problem purchased a 2004 tacoma from a used car dealer in 2013. No knowledge of the rust issue. Have to have some work done and the frame is borderline safe to drive. Corporate office says nothing they can do the campaign ended in 2011. So whet the hell Toyota????
Same thing happened with my 06. They sprayed the frame over a year ago which did nothing. This rust has been growing for a while. What to do?
Hello everyone! I bought a new Tacoma back in 2007 and like you, my frame is rusting. Upon Toyota’s review, they said the frame is not bad enough for replacement, so they sprayed my frame amongst everything else close to the frame. Parts of the spray are chipping off and low and behold, there is rust, which means Toyota’s choice of Auto Body Shop did not wire brush nor sand the original rust. Also, doing my research, this spray will only trap the moisture and cause future problems. If you ask me, everything else that is sprayed will end up rotting as well. My truck has been great to me, is paid off and now it looks that I will have to trade it in for a Nissan truck, and I will never purchase a Toyota again. Because of me purchasing my Tacoma and raving about it, my family members and friends have purchased Toyotas. We all will be moving on from Toyota now!
I have a 2006 that they said the same thing about my truck. Here I am a year and 3 months later and the frame is even worse. Now Toyota refuses to take any further action. Call Philip Milligan (479) 783-2213 – attorney in AK looking to start class action suit. Also call 310-468-4000 and ask for CEO Jim Lentz. This will take you to executive offices where you will have to leave a message. They have stated that a return phone call will happen next business day. We all need to call and bombard them with these complaints.
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 have close to the same problem as you have but I went a step further and called the Corporate office to leave a message about tthe unsafety of our used 2004 Toyota Tacoma with CEO of North America Jim Lentz His number is 310-468-4000 ext 5368 then press #2. I receveive a phone call within one day from his Analyst Angelica Salazar. She acknowledge my concerns and she had my case number and she will get back to us in two business days. She called the next day but I was not near phone so I call back got her answering machine. Her assistant called today and was sorry but there program ended in 2011. Very frustrating. I feel if you call and leave your complaint about your vechile and go through the process you may be the lucky one. We all need to call the corporate office and give them our complaints about these rusting frame. The corporate office and CEO need to know how unhappy we are.
I took my truck into the Toyota dealer in Terre Haute Indiana. they told me the inspection would take 2 days to conduct. on the first day of the inspection the dealership called me and told me my truck was not safe to be on the road and that Toyota would supply me with a rental car. I asked for a replacement truck do to my son and I having a small business and needing a truck to pull a trailer. the Toyota dealership refused my request for a truck. so Im having to rent a truck or use friends trucks to run our business. the dealership that did the inspection on 22 sept 2015 and they told me I would not get my truck back until sometime in feb 2016.
I have a 2003 Toyota Tacoma. I recently went to rotate the tires and the frame started crumbling on the jack. The leaf springs are about to break away from the frame on one side and the other side I can stick my hand up inside the frame. I took my truck to the local dealer and they looked at it and said there was nothing they could do I needed to call corporate. I called corporate and they told me that there was nothing they could do and I should have brought my truck in for the corrosion spray but it sounded like my problem was too advanced and the spray wouldn’t have helped me anyway. I told them that I did not receive any information about the campaign. They said they were sorry but there was nothing they could do and have told thousands of other people the same thing. It’s ridiculous that they have bought back trucks and replaced frames on others but can’t help the thousands of the rest of us. Ridiculous
I had my 04 Tacoma sprayed in 09. Guess what – it is now sitting in the driveway waiting for its Friday appointment at the Toyota dealership! The frame is rotting, the cross bar is rotting, there are holes throughout, and there are areas where you can literally push your finger through! Sigh….
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.
I have a 2000 Tacoma. I am the second owner and the truck has always been in western NC. I have never received a frame rust notice. A shock mount was found to be broken when I was having a leaking tire repaired. Further examination showed extensive frame rust, and not enough metal to re-weld the bracket. A trip to the dealer and an inspection confirms that the frame is toast. The put in service date is February 2000, putting me 5 months out of the extended plan. Toyota says tough luck – nothing we can do. If anyone finds any resolution, Id like to hear it.
I am getting the same story I am definitely not going to give up yet apparently we have had the truck since june 2000, so our fifteen years was up the end of June. However it hit me the first 3 or 4 years it was leased by a business and then we bought it, so technically we did not own it until 2004. it probably wont matter but I will play every card I can from what I have been reading I don’t even want a trade in; they seem to be having problems with a lot of their cars.t
TOYOTA OWNERS 1995-2000! We are looking to start a class-action lawsuit since this one (2001-2005) will not cover us. If you are influenced call Philip Milligan (479) 783-2213. I took my 2000 Tacoma in for the warranty issues during the warranty period. The dealership was to replace the vehicle or spray Corrosive Resistant Compounds (CRCs). They did not do either and my vehicle legally, can no longer be driven. I babied that vehicle and I have great paperwork on my vehicle that I followed all the rules and Toyota and the dealership are denying me support. I called Philip Milligan and we are trying to get a Class Action suit for the 1995-2000 model years going. PLEASE CALL him This is the real deal. Working class people who have worked hard for their money and vehicles deserve support also! I have tried everything (calling Toyota, working the dealership) and this seems like the best remedy. You can also file a complaint with the BBB if your dealer failed to comply with the warranty letter and you can file a complaint with your state office of Consumer Fraud Protection. Also file a complaint with the NHTSA https://www-odi.nhtsa.dot.gov/VehicleComplaint/ I am doing all of these things!!! FIGHT THE GOOD FIGHT. Toyota and the dealers screwed us
Mike, I feel your pain!! Check out my comment below which says! TOYOTA OWNERS 1995-2000! We are looking to start a class-action lawsuit since this one (2001-2005) will not cover us. If you are influenced call Philip Milligan (479) 783-2213. I took my 2000 Tacoma in for the warranty issues during the warranty period. The dealership was to replace the vehicle or spray Corrosive Resistant Compounds (CRCs). They did not do either and my vehicle legally, can no longer be driven. I have tried everything (calling Toyota, working the dealership) and this seems like the best remedy. You can also file a complaint with the BBB if your dealer failed to comply with the warranty letter and you can file a complaint with your state office of Consumer Fraud Protection. Also file a complaint with the NHTSA https://www-odi.nhtsa.dot.gov/VehicleComplaint/