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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 2005 Toyota Sequoia; how can I get more information about this class action lawsuit?
I too have a 2009 Toyota Tacoma EXTREMELY rusted! Underneath the truck the entire thing is rusted. I took it into Toyota dealer 4 months ago who took pictures and said they would contact Toyota. 4 months later I heard nothing back and feel unsafe driving it
Mi Toyota Tacoma 2006 tiene el mismo problema quiero llorar
Tengo una toyota tacoma doble cabina 4×4 con 90k se partió el chassi y no se si tiene garantia el diler dice que no tiene garantia que no son responsables
Please advise: My 2006 Toyota Sequoia has extreme frame corrosion and was deemed unsuitable to drive. Same story as all of the above. Toyota fails to acknowledge and take responsibility. Does a class action lawsuit include 2006 Sequoias?
This is what I sent to Toyota: Hello there, I already called Toyota customer care number and even got a case number for my problem and the answer I got was we can not help you with your problem because there is no warranty after the recall period is over. I will start from the beginning. My truck is 2006 Toyota Tacoma. I got a letter in mail about the recall for the frame and it stated that if my truck has excessive rust or a hole in it they will replace the frame, if not they will coat the frame to slow down the rust on the frame. I took to my dealer, they inspected it and found no holes in my frame. They will apply the coating and sent me on my marry way. This was back in 1/20/2015. Now fast forward to 9/6/2016 and now I have a big hole in my frame and a lot more rust then before. I don’t take to beach. I take very good care of the truck but it’s that defective frame that is on the truck. I know 95-00 Tacoma’s did a buy back program a few years ago. The 2001-2004 if the frame got coated you gave the a 15 year warranty on the frame. 2005-2008 Tacoma’s in Canada got the same 15 year warranty if the frame got coated. So why not 2005-2008 Tacoma”s in the USA don’t have that warranty? My point is you kinda need to work with me and others with this problem. This will be an safety issue at some point. The safety of myself, my family and other drivers. Please help me out now before it’s too late. I provide some pictures to show you the extent of the problem.
And this is there response:hank you for contacting Toyota Motor Sales, U.S.A., Inc.
We are truly sorry for the concerns with your Tacoma’s frame.
We have confirmed that your concerns were reviewed appropriately with a Toyota representative and you were provided with Toyota’s position on September 8, 2016.
While we understand this is not the response you were hoping for, it does represent Toyotas final position. Your additional comments have been documented at Toyota’s National Headquarters.
Nice company. Jerks!
The frame rust does not just pertain to Tacomas & Tundras. I have a 2000 4Runner with the exact same problem. And it had the premium under coating. Frame is rusting from inside out. Toyota said sorry for problem but Thanks for buying our stuff. Last one I will ever own. I was a die-hard Toyota advocate. Lesson learned.
I had a 2002 Toyota Tacoma Dbl Cab Prerunner but was forced to scrap it with a perfectly good motor. It had about 174,000 miles on it, with as we all know at least another 100,000 more to go. I took it in to the dealership to address a Spare Tire Lift Plate recall. (Rusted on, could potentially drop spare tire while driving creating a deadly situation.) They couldn’t even put it on the lift because it was riddled with rust, it would be unsafe to work on. Instead, they said there is nothing they could do and gave me that notorious Toyota number. I got a hold of a “case worker” who was not even close to trying to remedy the situation. She told me the notice expired in 2011. They put an expiration date on my family’s safety! I was just sickened by the news. I had my truck for 14 years, had it undercoated at time of purchase as a preventive measure AGAINST rust! I did get an interesting little piece of valuable information out of the service manager though that in 2007, or around there, Toyota changed alloys used originally. Hmmmm, seems like Toyota was aware they were using a lesser quality metal to me. Especially when it rusted my interior seat brackets. All the metal I saw under the hood was rusted as well including all the bolts! I made sure I took plenty of pictures when I let it go. This was the vehicle I was going to give to my son as his first car! I am happy I took it in to be disappointed because MY decision, NOT Toyota, saved his life! He could have been killed, that truck would have broke in half and my only child would have paid the price! I thank God for putting me through this crap and not taking my son from me… I would like to know how to join the class action law suit, I can send my pictures to help prove the case. Ultimately, I wonder if there is a way to test the quality of metal on existing trucks against the other manufacturers without rust issues. By the way, I NEVER received notice of this recall and it has become apparent why… Toyota was trying to get out of taking responsibility with as many vehicles as they could because of the 2 generations of Tacomas that I am sure we’re costing them a pretty penny! Oh, my Spare Tire Lift Plate recall has NO EXPIRATION DATE anywhere on it!
Connection to wheel on my Toyota Tacoma 2006 break yesterday after a few early years of rust. This is my first and last of such a vehicle. Can someone direct me to place that I might purchase a chassis for an extended bed 2006 Toyota Tacoma preferably in Miami, Florida. Thanks
I too have a 2006 Toyota Tacoma with rust & cracked frame – dealership told me nothing can be done since I missed the March 2016 deadline – I want to cry! I called Toyota main office and am waiting for a manager to call me back – but what are they going to tell me – same as everyone else – nothing they will do. What can we do?