Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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!
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
108 thoughts onToyota Tacomas Are Vulnerable to Frame Rust, Class Action Lawsuit Says
We own a 2001 Tacoma with rusty frame to the point u can stick a screwdriver through it. The recall or extended warranty is past. This is not right. Toyota should be liable for their mistakes.
I own a 2000 Tacoma that was a part of this recall. I took it in to be inspected in 2008 and it “passed”. However, today the frame IS rusted to the point of perforation. To my knowledge no treatment was applied to prevent further corrosion to the truck. I have an appointment with a dealer here in Boise, ID to have it inspected and see what my options are…I love my Tacoma and will always be loyal to Toyota. Hopefully they treat me with as much respect…
Have a 1995 Toyota Tacoma that rust ate through frame and broke completely. Toyota told us that we were well below mileage but to much time had passed. How could this be? My frame can’t tell time… is there anything we can do?
My dad is having the same problem. He just spent $2,000 on it the clutch went and he replaced the brakes, and a bunch of other stuff. It only has maybe 80,000 something miles on it. After spending all that money on it, it’s shaking like crazy when he slows down to stop. He checked under it and it’s full of rust. Plus it’s rusted on the bed of the truck on the sides and inside the bed. If it’s a recall there shouldn’t be a deadline!
I’m in the same boat with a 2001 Tacoma. The 15 year extended warranty is not enough; it should be a mandatory recall/inspection with no time limitations. Frames are visibly rusting through after the warranty expires, but the frames are defective prior to that and owners don’t realize it because no recall was ever issued and any visible inspection doesn’t reveal the problem. I know now that my frame was defective during the warranty period but it didn’t become ‘visible’ until after 16 years. Toyota has tried to sweep this under the rug by doing as little as possible to ease the judicial system. How many people are driving on life-threatening frames that don’t even realize it because the frame is something an average person doesn’t tend to check? An official “recall” notice would get those trucks in the shop for inspection.
Would like to add that I have contacted over a dozen collision centers and body shops and not a single one of them will patch the frame due to liability issues. I wanted a patch for my own reassurance though I am not an expert on the integrity of a structural frame. Since neither Toyota or the National Highway Traffic Safety Administration (NHTSA) deems this as a safety issue where a recall should’ve been issued, I will continue to drive my truck.
I have a 1996 toyota Tacoma with holes on both sides of the frame. This truck is a cherry with new panels and paint.
Dealership has told me the program is over to get it fixed. How can this be true , once a problem always a problem. Fix it if its broke TOYOTA ! I just hope when my frame breaks it aint at highway speeds.
Is toyota still repairing rusty frames on 1995 toyota tacoma’s?
I had an accident September 14th at 2017 ale you run a red light hit a guy head on and he slid into me and he threw me in a bankment and I went airborne and to the front of my car was gone two trees. My car I got two broken ribs whiplash I need to know what I can do about my airbags deployed if I didn’t have my seatbelt on that morning I would have died in this accident I bought this car from Volkswagen dealership I want to know why my airbags did not come out when I had my accident and then I get a recall letter a week later after my accident that I need to bring my car in because of my airbags explain to me why
2004 Tacoma rusted out frame wont take sticker dealer wants me to register it then bring it in so they can tell me the frame is going to fail so $200. to tell me to go bury the truck it only needed front brake pads to pass maine inspection. but the frame is completely gone you can put your finger right thru the weld areas flats mounts put new tires on {not cheap} only 71,470 miles
I got a 2003 Toyota Tacoma with a bad frame so i called Toyota about my frame and gave them my Vin# and there saying mine frame wasn’t coated with there spray so if mine was done they would replace the frame ,so ok if the frame was sprayed or not there all rusting away (poor frame design) i feel my frame should be replaced or something could happen (death or bad harm because Toyota doesn’t want to fix there badly designed frame) im the second owner and I got a truck that i can’t drive. TOYOTA OH WHAT A FEELING!
My 2009 Tacoma has a good amount of rust on the frame. Looks like it’s mostly around the cab and motor mounts.My local dealer has stated that this year truck does not have rust issues??? Rust killed my 2002 Tundra. The repairs to my Tundra set-off a series of “check-engine” lights that the dealer and local mechanics could not pin point the source/cause of the problem.