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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 and just had the leaf spring (recall) done this past Saturday July 29, 2016. I had the undercoating done last year at this time. While doing the leaf springs they found a hole on each side of the front of the frame. I called Toyota and they said I would be contacted within 2 business days. I received an automated satisfaction call from the dealership. I answer no, I was not happy and then spoke to the manager. He said that Toyota gave them strict parameters to go by with the frame inspection and undercoating. They were not allowed to poke or prod the frame in any way, but only brush the frame to check for rust. Sounds like I am in for the same run around as everyone else. My vehicle is also garage kept both at home and work. I live in Virginia. I love my truck and can’t afford to buy another one. It would be nice if company’s (people) were honest (including the dealerships) enough to be more concerned with people lives and public safety than to make a buck.
I have a 2005 tacoma. Went for a yearly inspection and they found a grapefruit size hole through my frame and various other areas with heavy rust. They slapped a rejection sticker on it and said it was unsafe to drive and it would cost me $3500 to fix the frame plus any additional componentservices that may be faulty because of the rust. I still have till 2018 to pay on it and not able to use it because i cant afford the fix. Corporate tells me they will do nothing to fix it. So any advice would be helpful. Is it still possible to be part of the lawsuit and how would I go about joining.
Just got my 2002 Tacoma back from the mechanic, he told me to take it to dealer to get frame checked out due to excessive rust (repairs cost me more due to more extensive labor needed dealing with corroded areas). Called Toyota (of Danville IL) and service guy disregarded my call telling me the frame warranty extension expired in March of this year. I informed him I had never received any notice in mail (same address for 11 years) and had no idea there was even a problem until last week. Service man again said there is nothing they will do and dismissed my complaint. Am I screwed here? Amazing that they can deny repairs to a problem they apparently knew about, did not notify this owner of, and then set an arbitrary date to have repairs completed by…if my truck would’ve needed work over the winter I would be fine I guess, but this is a horrible practice by a company I have stood by in the past. Any ideas on what to do from here, or am I stuck with a truck that will be unsafe to drive or resell in the future?
We have an 07 Tacoma and it was in the shop for the recalled frame replacement BUT…We then got notification/hit with a huge bill of 3200 stating that due to the frame being removed there are now issues that will 90% come to light in a matter of 6 months. Anything attached to the frame and the metals causes rust and corrosion. Toyota told us to tell the dealer to not do repairs until they reach out the following day. Well, Toyota dropped the ball. The case manager was “busy working on another case” and didn’t reach out to the dealer on ours. Unbenounced to us thinking it was in process until we got a message saying the truck was done and ready to pick up. Called toyota Friday eve and they assured me someone would be in touch with us and the dealer the following day…nothing so I called them again. Again a promise to be reached out to when we go this very rigid woman named Christina who called herself a supervisor. She said we are at the end of the line and they will not inspect the vehicle, talk to the dealer, nothing because they will not be paying for any additional other than the frame and that it’s out of our pocket to pay the 3100. I am so unbelievably angry. We are at a loss as to who to reach out to for assistance. I was advised by a very knowledgeable appraiser that this is most definitely due to the metals touching and now the removal of the frame. If the frame recall never occurs we would not have to even think about this kind of a repair for at lest a few more years if ever. Anyone know who other than toyota motor corp to reach out to for assistant and who can be an advocate for us? My email is carrienead@gmail.com please email me of you have any ideas because I am and will jot let this die. This will not end here with this woman who calls herself a supervisor interrupt me and tell me I’m at the end. She wouldn’t even provide me with her supervisors info due to the lack of customer service that she was providing g which lead to a very heated discussion. Any suggestions other than the attorney general as we are already in communication with them would be grear.
I just purchased a 1999 Tacoma 4×4 from a dealer in SC.a month ago.I just found out that the passenger side rear leaf spring where it is attached to the frame rail is rusted through.After further inspection I have found that the entire frame and undercarriage is rusted. What kind of recourse do I have available?
We are in the same boat. If you have any suggestions for assisance with all the other parts that are now damaged due tot the rusting frame that touched or connects to the frame please let me know. They slapped us with a 3200 bill stating that our 07 will 90% malfunction in 6 months if these issues were not repaired while the frame was off. This entire recall is a scam. Happy for yhe new frame but very disgusted in the outlying damages that the frame rust has caused yo other parts of the vehicles.
Toyota+refuses+to+fix+our+2003+it+is+awful.
Toyota told me the buyback has expired for my 1999 tacoma. Truck was fine until march of this year when my mechanic saw holes in my frame during my yearly state inspection. Toyota also said it was final.Nothing more will be done. Two years ago i had to get rid of my 1996 rav 4 because of rust. I told toyota its time for a honda or subaru. No more toyotas for me. I am in pennsylvania. Whats the latest on the class action suit?
I have 2005 Tacoma. Frame and leaf springs were replaced. Was told I needed new wheel bearing and it would cost about $2800. There was no problem when dropped I dropped the truck off for a new frame. After nine days at the Tacoma dealer a noise coincidentally appeared requiring a new wheel bearing. Believe this is being done to offset expense/labor on recalled trucks. Will not be visiting Toyota dealer again.
My wife called Toyota during early March of 2016 to schedule a service appointment (aware there were only about 3 weeks before their curfew for the inspection/remedy for my 2006 Tacoma). I have owned this vehicle since I purchased it new during the summer of 2006. It has been garage-kept and frequently washed (especially after snow events). Two days ago (March 25, 2016) I dropped-off the vehicle.
I was advised that two response options were possible — either the CRC would be applied (if no through-and-through holes could be found) or the frame and springs would be replaced (if corrosion had compromised the frame). Reading the posts of others, I am now glad that the dealership indeed found a hole and that the vehicle is eligible for full frame replacement. (Yesterday afternoon, when the dealership allowed me to bring the truck home to empty it completely, I rolled under it on a creeper and found one hole through a vertical frame component — about 3 inches in length and about 1/2 inch tall.)
I note that another post to this site indicates that the writer has a business reliant upon his Tacoma, but Toyota will neither provide a truck nor compensate him for truck rental. I am in a similar position because I own a small farm. I have been advised by the dealer that: 1) The vehicle is not considered safe to drive, and doing so after the end of March will exempt them from any obligation to repair it; and 2) They are willing to provide a Corolla or Prius loaner — but not a 4 X 4 or pickup for the duration of mothballing and repair (3 weeks to 4 months). They have NOT advised me yet as to the procedure/expense where various small parts, my grille-guard and class-3 hitch (not original equipment) are concerned.
Depending upon the answers I receive on Monday, it looks as if I may need legal remedy on this issue as well. I have been to the DR website, and thank him for his help (and his outrage — this IS an outrageous violation of our trust).
I have a 2007 Toyota Tacoma and I discovered a 14 mm hole in the frame. I took it to Beechmont Toyota in Cincinnati, Ohio. The service department manager couldn’t find the hole after 2 hours so I showed it to him. He informed me that Toyota was not liable to conduct repairs because a previous owner had already had the frame inspected and sealed earlier in the life of the vehicle. I contacted Toyota USA National HQ and was told the same on \behalf of the Toyota company. I took video and pictures with a micrometer and intend to put it out on Facebook, Twitter, Youtube, and whatever regulatory consumer options are available in Ohio. I am also contacting the lawyer in Arkansas about this issue. Please let me know if anyone has other ideas of how to get fair treatment from Toyota.
Same problem with my 2006. I had the CRC applied 2 years ago and yesterday the dealership noticed a hole in the frame. The dealership told me that since the CRC was already applied then in toyotas eyes the case is closed. I called Toyota customer service and after speaking with some very rude people over there they said Im out of luck. There explanation is that nothing last forever and I should be happy they did anything at all. After the CRC is applied Toyota is in the clear and your stuck with what ever happens next. I was on the fence between getting a Colorado or new Tacoma…this pushed me to GM.
We need to put pressure on Toyota as a group… We have a voice but it will be louder if we al yell together. Do not take no for an answer. Use social media like Twitter and Facebook to put pressure on them. Use #toyotafixtheframes