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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 have a 2006 Tacoma that my son purchased 1 year ago. Took the truck into the dealer for the recall on the leaf springs. They wouldn’t replace leaf springs because the frame was so bad. Hit a roadblock with Toyota because the corrosion resistant compound was applied in 12/2014. We bought truck 4 months later from private owner. The compound they applied did not work… still rusted out. Toyota refuses to do anything more. I have filed complaints with NHTSA and with the FTC. I am contacting the BBB and the Consumer Protection Division in Virginia. I contacted Philip Milligan (479) 783-2213. He is an attorney in Arkansas running the class action law suit. Pass the word… the more people that call and raise hell the better!
I have frame corrosion with my truck. I got a letter that said to have my truck inspected and a binary set of steps would happen 1) if no corrosion than corrosive resistant compounds would be applied 2) if no corrosion, a replaced truck at higher blue book value would happen. My truck had no corrosion but CRCs were not applied
There are four things you can do and should:
1) File a complaint with NHTSA against your dealership and Toyota. Toyota, for safety reasons should buy back these trucks because they are not safe to you or other people. NHTSA can force Toyota’s hand on this and should for safety reasons. https://www-odi.nhtsa.dot.gov/VehicleComplaint/
Take heart, a NTSB rep thinks our issue is \as big as the Takata air bag recall and is a big mess\
2) File the same complaint against your dealership with the Consumer Protection Division of the Attorney’s General Office
3) File the same complaint with the Better Business Bureau https://www.bbb.org/consumer-complaints/file-a-complaint/get-started
3) Call Philip Milligan (479) 783-2213. He is an attorney in Arkansas running the class action law suit for 2001-2005 Tacomas. He wants to start a class action law suit for Tacomas 1995-2000
I have agreed to be the rep for a class action lawsuit for 1995-2000 Tacomas but we need a lot people to call Philip Milligan and tell their story.
Anyway, I also have three complaints against my dealership right now with the BBB, Attorney General’s office in Virginia, and with Toyota. It seems like a lot of work but when you compile the information once it is easy to cut-and-paste. If you get a chance, spread the word about this. If the NTSB thinks this is as \big as Takata\ we are not far from setting off big alarm bells
TMP – Also in Virginia… what dealership have you filed complaint against?
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.
I am waiting for a call back from Philip Milligan. I am in Maryland. I just had my Takata Airbag replaced last week….and then my life took a turn for the worse…they found the hole in the frame of my beautiful 2006 Sequoia. YES, a SEQOUIA. The 2000s-2004s frames were recalled. Why not the 2005s, 2006s, etc.??????????? I filed with NHTSA immediately. I will also file with the MD Attorney General. This is bigger than the Takata airbags!!!!!
I have an 04 Tacoma. I crawled under it to find a badly rusted frame. I’m the second owner or so I think. It turns out the dealership I bought it from bought it at an out of state auction. The truck had a clean Carfax. Its been to a local Toyota dealership for general repairs over the past few years and the dealership never ever mentioned this frame issue. Its like they had something to hide. Any suggestions out there. I’m in Michigan.
Philip Milligan (479) 783-2213 – attorney in AK looking to start class action suit.
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
I have a 1995 Tacoma it is rusting really bad can I get some assistance ?
Mark, Did you see my response below! Call Philip! We want to get a Class Action suit going. Spread the word! We need to get a lot of other owners on board! OYOTA 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
Likely Toyota wont do anything – call Philip Milligan (479) 783-2213 – attorney in AK looking to start class action suit.
Philip Milligan (479) 783-2213 – attorney in AK looking to start class action suit.
I just came from a Toyota dealer who has a 2005 Tacoma that I was looking at. I knew nothing about the rust issue but when I looked underneath there was a brand new frame, shocks,front end parts, leaf springs and anything attached to the frame was basically new. My first thought was that it was wrecked but the body didn’t show signs of being repaired so I asked about that and the Manager said it was replaced by Toyota because of rust. He said anything attached to it that needed replaced was replaced. I’m going back to buy it Monday when they open. So there is hope for you guys, Toyota is replacing frames so keep up the fight! Good luck.
I have a 2006 tacoma. I got inspected and approved for frame replacement. I believe the owe me a newer better truck. The sales manager is probably going to be little or no help. I asked for an equal discount as to the cost of replacement. Knowing I will most likely get screwed, I contacted a local big law firm. They reffered me to the class action lawyers that are handling the case and I am waiting for them to call. I would advise everyone to do the same. Make a paper trail and be patient. Im not going to take the bait when they owe me an all you can eat buffet
Sign me up. What State are you in? I’m in NY
Joe – what state are you in and can you provide lawyers names and contact numbers? I know of Philip Milligan (479) 783-2213 – attorney in AK looking to start class action suit.
Same. We have a 2001 we took to be inspected and found out the frame had rusted through. My husbands Christmas bonus went completely toward getting me a new used car b/c our toyota is junk. I felt sick to my stomach about it all week. We thought we would have the truck for another 5-10 years since it only had 117k miles on it. We have one income and live really tight. This really hurt and well never buy another Toyota again. Wish somebody would do something about this. Really sad.
TW, Check out my comment below! I feel your pain! 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
I have same problem with 2000 tundra,,is class action suit still gonna happen???
I have the same problem. Did Toyota do anything for you?
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 purchase my 04 Tacoma from a man in the next town from me. I contacted Northway Toyota Dealership (Latham, NY) and took the truck in. At this time they stated to me that the only problem they could see was the spare tire holder and they fixed it. Several years later I started to develop rust on the frame. I took my truck to a local shop, at which time I was surprised how much rust there was on the frame. The frame was almost gone from rust. I contacted Toyota with number that was provided to me and the girl on the phone stated that there was nothing they could do for me. Toyota stated to me that they send a letter out to the original owner and that is all they needed to do. $1800.00 dollars later I got my frame fixed, out of pocket expense. I can be reached at 518 376-5303
Did you have the frame replaced for $1800?