Toyota Frame Settlement Postcard

Wowwww, I love how they play dumb...

My service rep in Kansas City knows all about it and he damn well knows I'll be calling him on April 28 when the whole thing is said and done haha.

 

I live in Eastern PA and hose my undercarriage thoroughly as often as possible. My frame looked clean from the outside but rusted from the inside out. Check frame on vertical portion next to the catalytic converters. I thought my would pass until I checked there.

 

^^^ yes this, both sides of mine have 10" holes on the inside of the frame.... Surprisingly the back half is crusty but solid.

 

What's everyone's opinion on this coming to Canada?

I lost to Toyota on an '04 that they claimed wasn't inspected during the inspection period and was later was provided proof from the PO that it in fact inspected and eligible for replacement was after I sold it for scrap..

I bought a 2010 believing I wouldn't have to deal with this nightmare after having electrical issues with a frame replaced 06 I had previously.

 

I have a 2009 with significant surface rust. I was told by two dealerships during the previous inspection period that my vin wasn't included in the recall. What steps should I take to see if my vehicle is included in this settlement? I have not received a postcard yet.

 

That is surprising, but it might also be based on where you live or where the vehicle is registered? I think there are some states that are said to be excluded and/or were excluded from the previous recall.

 

Vehicle is registered in WV, which I believe is included. I have heard it affected 05-08 for the first recall, and I've also heard it affected some 09 but not all. I may be wrong, but I checked and double checked.

So... now that this settlement has expanded the affected years through 2010, any suggestion as to what steps I should take?

 

See the post card above, it makes reference to vin numbers, last four I think. I read it yesterday, but then tossed it as I just traded and don't believe I qualified for anything. But my truck was the same 09, AC base 4x4. Good luck and like the other post said, location has been a factor.

 

There is as of yet no settlement, therefore as of yet there are no steps to be taken. Per this website (click here) there will be a Fairness Hearing on April 27, 2016 (subject to change). Final judgement appears to be scheduled for June 26, 2017 and It would not be until after that (and possibly enumerable other motions and hearings) that that that dealers would be officially advised of the judgement and told to begin inspections and remedies.

I.e. they are under no obligation to do anything at this time, and may even be genuinely unaware of the class action suit.

This could easily not happen until late this or even early next year--the "wheels of justice" move slowly, when they move at all.

The notices that have been sent out are only to alert owners "known to Toyota" of the proposed settlement. If your ownership of the truck is not known to Toyota you may not receive such notice. I am known by them to own my '09 and have not yet received it, perhaps as mine has lived its life in Florida I may not?

 

I have the 4 pack OM leafs off my 2014 for sale if youre interested. only have 12,000 miles on them.

 

Sorry guys but im lost. I receive same latter just today. I did my spring replacement 5 months ago but i never did frame rust inspection. Now what should we do next. Go online and fill out some forms ??? Call Dealership ??? or just wait for another mail stating where and what to do ???? Sorry but my English is not the best plus all this words in the postcard make things more complicated Thanks

 

^
Please read cliffyk 3RD post up.

 

I bought my 2010 in August from a Toyota dealer...how does one become an "owner known to Toyota" and possibly get this card?

 

I'm wondering if bolt on sliders are going to be an issue i.e. Toyota claiming the frame was damaged by the owner. My '05 spent it's first year in Michigan I think before coming to SC and it's got a lot of surface rust (not just on the frame but bolts, oxidized aluminum on the engine, etc.) but last I saw it no penetrating rust. Unfortunately I've been out of the country for the last two years and my dad hasn't gotten it by the dealer to be checked- not like I can really yell at him since the folk's are letting me store it with them.

 

So i got the coating 2 years ago. Should I get it re inspected? I got the card the other day to

 

You don't need the card, it is just a "heads up" notice to possible class action members so that they might participate in the comment action and/or fairness hearing.

For now just follow the website http://www.toyotaframesettlement.com/, then once the judgement is final bring a copy of the settlement agreement and final order to a Toyota dealer and tell them you want your frame inspected per the terms of the agreement--though I suspect once the judgement is final Toyota will be sending out notices more broadly...

 

Awesome...thanks for the info...

 

1. Go to www.google.com/alerts
2. Log in with your Google or Gmail account
3. Create an alert with a few words, such as "Toyota Frame Settlement"
4. Set it to send an email 1x per day @ 8:00 AM
   
5. Check your email daily

You won't miss a thing.

 

I know a guy that had his replaced, and the TACO is NOT the same. His hood went flying up and cracked the windshield. I Don't think all these tech are up to the task at the dealerships.

 

To address the hand-wringing and confusion I offer the following layman's summary of the long form settlement notice (LFSN). I have no doubt missed some salient points; all please feel free to comment, suggest corrections, other language, etc.


The notice concerns a proposed settlement between Toyota and Brian Warner et al ("et al" are the rest of us, it's a class action suit). It is a proposed settlement, nothing has been decided yet and will not be until a final judgement is entered.

The official website for this action is: http://www.toyotaframesettlement.com/

In the settlement agreement as currently written "Toyota denies that it has violated any law, denies that it engaged in any wrongdoing, and
denies that there is any defect with respect to rust protection in certain Toyota Tacoma, Tundra, and Sequoia vehicles." (this is common in such actions), however they have agreed to certain remedies and benefits related to corrosion damaged vehicle frames, specific remedies dependent upon extent of damage and other considerations--said remedies and benefits include:

• Frame replacement;
• Application of Corrosion Resistant Coating (CRC);
• A loaner vehicle (for up to 7 days) if either of the above requires the vehicle be kept at the dealer overnight;
• Reimbursement for out-of-pocket expenses for previous frame replacement;

To be eligible for reimbursement the out-of-pocket expense must have been incurred prior to January 3. 2017, and a claim form must be submitted within 60 days after entry of final judgement.
​

Covered vehicles are 2005-2010 Tacomas, 2007-2008 Tundras, and 2005-2008 Sequoias.

There are specific time frames and action dates published in the LFSN:

• Written objections to the proposed settlement must be received by the court by March 27, 2017;
• Requests to exclude yourself from the class ("opt-out" of the settlement, more about this below) must be received by March 27, 2017;
• A Fairness Hearing will be held on April 27, 2017, class members may attend this hearing (at their own expense) and speak if a timely objection has been filed;

​

At this time no individual action is required if you do not wish to object, opt-out, or attend the fairness hearing.

Upon entry of a final judgement (this is why you should check the http://www.toyotaframesettlement.com/ website regularly), and to ensure you receive proper remedy, you must:

Have the frame of your vehicle inspected by an authorised Toyota dealer within the longer of either (a) twelve (12) years from the date the vehicle was originally sold or leased; or (b) one (1) year from the date of entry of the Final Order and Judgment;​

The dealer will inspect the frame and make a determination as follows:

No corrosion damage as defined in the settlement agreement has occurred, or

a) the frame was previously replaced, or
b) CRC had been previously applied by an authorised dealer:

No further action will be taken;
​

Corrosion damage with perforations of 10 mm or greater has occurred:

Frame and all necessary and related fittings/etc. will be replaced;
​

Corrosion damage with perforations of less than 10 mm has occurred:

CRC will be applied if the vehicle is currently registered in a "CRC State";

The CRC States, which have high road salt use, are defined as Connecticut, Delaware, the District
of Columbia, Illinois, Indiana, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota,
New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Virginia, Vermont,
Wisconsin and West Virginia.
​

Salvaged vehicles and vehicles with flood-damaged titles are not eligible for these benefits.


More about "opting-out":

The option to exclude yourself from the suit's member class should be considered by those whose frames are not currently excessively or at all corroded (like me), as it preserves your right to sue Toyota later should frame related corrosion issues arise. If you opt-out you will be giving up your right to benefits under this class action suit, however if you do not opt-out at this time, and remain a class member, you give up your right to sue in the future.

I.e. you will be "permanently enjoined and barred from initiating or continuing any lawsuit or other proceeding against Toyota about the issues in the lawsuit."

As the frame on my '09 DCSB looks just as it did from the factory I plan on opting out, again here is a link to the opt-out form.


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Disclaimer: I am not an attorney, the analysis provided above is based solely on my life experience dealing with legal documents. I claim nor hold any liabilty for any loss or damages, real or imagined, that might arise from this summary analysis. Such indemnity to extend from the origin of the universe until the end of time.

That's all I have to say about that...

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