2nd Gen frame rot - class action lawsuit attempt

I don't see how this has legs in light of his demands and the existence of the Limited Service Campaign... but we'll see.

source: http://washingtonexaminer.com/class...re-essentially-worthless/article/feed/2171480

Class action says rusty Toyota Tacomas are essentially worthless

FORT SMITH, Ark. (Legal Newsline) – An Arkansas man has filed a class action lawsuit against Toyota, claiming its 2005-2009 Tacoma trucks are prone to experiencing excessive rust corrosion.
The vehicles were manufactured with frames that lack adequate rust corrosion protection and, as a result, the frames are prone to experiencing excessive rust corrosion, rendering the vehicles unstable and unsafe to drive, according to the complaint.


The vehicles that experience excessive rust corrosion are essentially worthless, according to a complaint filed Oct. 3 in the U.S. District Court for the Western District of Arkansas.

Ryan Burns claims Toyota has long known that the frames on its Tacoma vehicles lack adequate rust corrosion protection and, despite this knowledge, failed to disclose the existence of the defect to him and other class members at the time of sale, has not issued a recall to inspect and repair the vehicles and has not offered to reimburse owners for costs incurred to identify and repair the defect.

Earlier this year, Burns took his Tacoma in for service because the fan on the vehicle was coming into contact with the fan shroud, according to the suit.


“Shortly thereafter, plaintiff was informed that the frame on his Tacoma vehicle was rusted out and that the vehicle was unsafe to drive,” the complaint states.


Burns claims he was advised that the frame on his 2005 Tacoma had severely rusted and that it would cost approximately $10,000 to repair.


“In… March 2008, after receiving numerous complaints that frames on approximately 813,000 model year 1995 to 2000 Tacoma vehicles had exhibited excessive rust corrosion, Toyota USA initiated a customer support program extending warranty coverage on the vehicles’ frames for frame perforation caused by rust corrosion,” the complaint states. “The program extended warranty coverage on concerned vehicles to 15 years with no mileage limitations.”


Under the program, upon confirmation of perforation of the frame due to rust corrosion, Toyota would either repair or repurchase the vehicle, according to the suit.


Burns claims Toyota subsequently altered the customer support program to include 2001-2004 Tacoma models, with the exception that there was no buy-back option.


“In November 2012, Toyota USA recalled approximately 150,000 Tacoma vehicles to inspect and replace the spare-tire carrier on vehicles sold in 20 cold weather states,” the complaint states. “The recall was issued to prevent the spare-tire carrier from rusting through and resulting in the spare tire dropping to the ground.”


Burns claims Toyota violated the Arkansas Deceptive Trade Practices Act and breached its express and implied warranty under Magnuson-Moss Warranty Act.


“Toyota USA knew, or should have known, that the frames on…Toyota vehicles were not coated with adequate rust corrosion treatment,” the complaint states.


As a result, Toyota has been unjustly enriched at the cost of class members whose vehicles were damaged, according to the suit.
Burns is seeking class certification, compensatory damages, an order requiring Toyota to repair or replace the frames on the Tacoma vehicles and pre- and post-judgment interest.



He is represented by Phillip J. Milligan of Milligan Law Offices; Michael L. Roberts of Roberts Law Firm; and Ben Barnow and Erich P. Schork of Barnow & Associates PC.


The case was assigned to District Judge P.K. Holmes III.
U.S. District Court for the Western District of Arkansas case number: 1:14-cv-02208

From Legal Newsline: Kyla Asbury can be reached at classactions@legalnewsline.com.
Content provided by Legal Newsline, which is owned by the U.S. Chamber Institute for Legal Reform.

 

another article:

http://topclassactions.com/lawsuit-...nerable-frame-rust-class-action-lawsuit-says/

Toyota Tacomas Are Vulnerable to Frame Rust, Class Action Lawsuit Says

 

Now this is going to be interesting ....Not sure if this is good or bad. On the good side Toyota may be forced to resolve this once and for all. On the bad side, they may use the lawsuit as a reason to stop all repair activity on the frames until the suit is settled.

In typical fashion, if this does got to court and Toyota loses - the lawyers will make millions and each Taco owner will be lucky to get $ 14.95

 

^^ another downside would be the mass-market would hear of it and it would cause huge depreciation of the Tacoma.

 

On top of that, everyone else will feel the pinch in re-sale value. Although I'm not sure I buy the entire notion that this effects re-sale. Rusty frames have been known for awhile, and even have had some press/ media exposure and despite this, 1st gens are still worth a small fortune out here.

 

Is anyone surprised someone filled a suit? Toyota has had frame rot issues for years now. Maybe they will finally take care of the second gen owners with the issue. As for resale value I'm guessing they won't take that big of a hit.

 

I'm surprised

Surprised it took this long to happen

 

Negative publicity stunt mostly by some lawyers hoping to profit. Wonder if certain competitor(s) are co-instigators of it?

Not that the problem is not potentially real to any affected owners.

 

Living by the ocean is hardly salt free

 

has there been any rusted frames on the west coast though?

every issue seems to be on the east coast.

 

I hope Toyota is forced to replace frames on every 2nd gen Taco in existence. LOL, never happen though. At least extend the corrosion warranty another 5yrs per truck.

 

I keep noticing these complaints only mention "2005-2009" -- does this suggest that 2010-2015 frames do not exhibit this problem?

 

nope

 

Intresting. My truck frame (2005) is rusted to hell. Never been ON the beach, but i live only a few miles from it. Can't wait to get my $14.95 check in the mail. Lol

 

I hope they don't

 

cars do rust here , just not as bad as back east

 

Hmm wonder if we can get in on this. Ill take a check for my troubles

 

It will be really interesting to see what comes of this. Even though I personally don't have this problem (yet), the frame thing is a real issue on the Tacoma, still.

As far as resale, I can't imagine it would be a huge hit. Look at the value of 1st gens, which went through this. If you find one with a clean frame, it's still worth its weight in gold basically.

 

There were a number of post from owners in Hawaii....

 

my 2005 is rusting, Im interested in how this turns out