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Toyota Frame Settlement Postcard

Discussion in '2nd Gen. Tacomas (2005-2015)' started by CollegeKevin, Jan 7, 2017.

  1. Apr 13, 2017 at 4:22 AM
    #221
    mikaymusic

    mikaymusic Well-Known Member

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    I finally found some nice dry pavement and took a roll under my truck for a cursory look. It appears to have been treated in some way during it's life with a black coating. The coating is peeling in a couple places and what looks like your usual metal rust is in those places (not the flaky pastry kind, just 'surface rust').

    My plan is to use some of that 'rust stopper' stuff, then apply rust preventative, then some of that stuff they put on in the winter. Is there any reason why it shouldn't be on year-round? (the liquid lube or whatever it is called)
     
  2. Apr 13, 2017 at 5:26 AM
    #222
    dmarsh15

    dmarsh15 Well-Known Member

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    Function Over Form
    I'm gonna do the same tonight. I looked at it last night quickly and I did notice a good amount of rust. I should have done more research on these things before buying it...lesson learned I guess. I noticed the rust before I bought it and just thought it was normal for a 7 year old truck in the rust belt of Western NY. Now I'm concerned I made a major mistake in buying this thing. My goal was to get rid of my less reliable VW for a reliable Toyota Tacoma, and sounds like I just made my headache worse.

    I also thought buying a truck with only 13K miles on it would have limited rust, but if the previous owner only drove it in the snow and never washed it, it wouldnt matter how many miles he drove.

    When I look at it tonight, what are the main areas I should be looking in, and how much rust is too much? I'll take a bunch of pictures and post them if I could get some advice? I am thinking about having the dealer I bought it from inspect the frame, but worried that they will just say its fine so they dont have to deal with it.

    The only thing I have is the NYS Used Car Lemon Law, which in my case is 90 days or 4000 miles from the date of purchase. Based on this text from the NYS lemon law document, the frame would be covered because it would fall under a substantial impairment of value and would make the vehicle inoperable.

    https://ag.ny.gov/sites/default/files/pdfs/publications/Used_Car_Guide_2011.pdf

    "WHAT CONSTITUTES A SUBSTANTIAL IMPAIRMENT OF VALUE?
    It will depend on the facts in each case. In general, your complaint must be about a serious problem. For example, a defect in the engine which makes the car inoperable is clearly substantial. Some courts have found that the cumulative effect of numerous lesser defects may add up to a substantial impairment of value."
     
    Last edited: Apr 13, 2017
  3. Apr 13, 2017 at 11:19 AM
    #223
    dmarsh15

    dmarsh15 Well-Known Member

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    Function Over Form
    Went out during my lunch break and got some pictures of the rust under the truck. I would say it has a good amount of surface rust and it can flake off easily. I would consider this normal for a 7 year old vehicle in Western NY, but not for a vehicle with only 13K miles.

    Let me know what you guys think? I tried to take pictures of the worst rusting sections. Is this something that can be sanded off and then Fluid Film everything?

     
  4. Apr 13, 2017 at 12:01 PM
    #224
    91859706

    91859706 I like Toyota trucks.

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    @dmarsh15 Don't fret, you got some work cut out for you but it's not over! Start researching POR15, there is a ton of information on it here and your truck looks like that will take care of it. I have't used it myself but the consensus is that it really does cure rust.

    Someone with experience will certainly chime in but I think your process will be:
    1)Wirewheel all rust flakes off
    2)Eastwood PRE cleaner
    3) POR15
    4)Eastwood internal Frame coating
    5) Chassis Extreme Black
    6) Fluid Film

    You got this!
     
  5. Apr 13, 2017 at 12:18 PM
    #225
    dmarsh15

    dmarsh15 Well-Known Member

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    Function Over Form
    Thanks for the advice! I will look into that stuff, but I was really hoping to avoid this kind of work by buying this truck, its my own fault though for not doing more research.

    Do you think my frame will pass inspection the way it is now?
     
  6. Apr 13, 2017 at 6:08 PM
    #226
    mikaymusic

    mikaymusic Well-Known Member

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    What state are you in?

    Sounds like a good approach to repair. I'll be taking the same route.
     
  7. Apr 17, 2017 at 5:11 AM
    #227
    dmarsh15

    dmarsh15 Well-Known Member

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    Function Over Form
    I'm in Rochester, NY, and they use a ton of road salt around me. I had a few mechanic friends look at my frame and they all agreed I was being paranoid and it's not that bad yet.

    I also called the class counsel as one of the members suggested and got some really helpful information regarding the lawsuit. I dont want to publicly say what their advice was, but if you are worried about your frame and think it will fail inspection, I would give them a call.

    If my frame does pass inspection, I will be using the steps that @irpiha mentioned above to get the frame protected before next winter.
     
  8. Apr 17, 2017 at 5:19 AM
    #228
    sawx75

    sawx75 Active Member

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  9. Apr 17, 2017 at 5:21 AM
    #229
    jeff b

    jeff b Well-Known Member

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    .
    I'm in KC and my dealership (that I actually like) has stacks of frames laying around waiting to be swapped over.
     
  10. Apr 18, 2017 at 8:06 AM
    #230
    Ryan_NF

    Ryan_NF New Member

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    Hi,
    I have a 2006 Reg cab 4x4 with a ton of surface rust on the frame (no holes from what I can tell), despite using Krown rust-proof since I purchased it. I bought it in New Hampshire in 2009 and imported it to Canada. Just wondering if this frame settlement would cover my truck if it goes through? Any thoughts given that it's a US truck now living in Canada?
     
  11. Apr 21, 2017 at 4:40 AM
    #231
    dmarsh15

    dmarsh15 Well-Known Member

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    Function Over Form
    Not sure if this has been posted before, but I just got this email today. Seems odd that I just got it, wonder if they are extended this to people who bought after the date....

    If the settlement is finally approved, for Class Members who still own or lease their Subject Vehicles, the Frame Inspection and Replacement Program will be implemented to determine whether a Class Member’s frame should be replaced in accordance with the terms of this settlement. Toyota may decide to implement certain benefits of this settlement prior to the settlement being fully approved. The Frame Inspection and Replacement Program will begin following the date of Final Order and Final Judgment is entered and will be calculated by the longer of twelve (12) years from the date of the Subject Vehicle’s First Use, which is the date that the Subject Vehicle was originally sold or leased, or, if the Class Member has owned or leased the vehicle beyond twelve (12) years from date of First Use, one (1) year from the date of entry of the Final Order and Final Judgment. Pursuant to the Frame Inspection and Replacement Program and the Inspection Protocol, Toyota shall offer an initial inspection of the Subject Vehicles and additional inspections, as necessary. Salvaged vehicles and vehicles with flood-damaged titles are not eligible for this benefit. Without cost to Class Members, upon request from the Class Member and if the Subject Vehicle is required by the Toyota Dealer to remain at the dealership at least overnight, Toyota will provide a Loaner Vehicle (upon proof of adequate insurance) for up to seven (7) days, absent exceptional circumstances, while the frame is being replaced. The Frame Inspection and Replacement Program is transferable with the Subject Vehicle. In appropriate circumstances where the Class Member has a demonstrated need for a vehicle similar to the Subject Vehicles, Toyota, through its dealers, shall use good faith efforts to satisfy that request. If you are eligible for the Frame Inspection and Replacement Program, simply bring your Subject Vehicle to a Toyota Dealer for an inspection and, if required, a frame replacement. If you dispute the findings of the Toyota Dealer’s inspection, you may take your vehicle to a second Toyota Dealer for a second frame inspection. You also can obtain a document summarizing the Frame Inspection and Replacement Program on this website http://www.toyotaframesettlement.com/. You do not need to have the summary to receive the benefits of the Frame Inspection and Replacement Program, but it may serve as a reminder to you in the event your Subject Vehicle satisfies the Rust Perforation Standard. Toyota may begin to offer this benefit over time, beginning pursuant to the terms of this Settlement Agreement, upon entry of the Preliminary Approval Order by the Court. Toyota, at its discretion, may also periodically mail reminders of this benefit to Class Members after the issuance of the Final Order and Final Judgment. The reminder notices will notify the Class Members of the timing of this Frame Inspection and Replacement Program and will encourage Class Members to bring in their Subject Vehicles for an inspection. Toyota will replace the frames and associated parts, as required, on the Subject Vehicles that satisfy the Rust Perforation Standard as stated in the Inspection Protocol that are presented to a Toyota Dealer during the Frame Inspection and Replacement Program. The frame replacement is at no cost to Class Members. Toyota dealerships shall inspect the frames of the Subject Vehicles presented to them to determine whether a frame should be replaced pursuant to the Settlement Agreement. Class Members may have their Subject Vehicles’ frames inspected by authorized Toyota Dealers and, if the vehicle is located in a CRC State , for evaluation for application of the Corrosion Resistant Compounds (“CRC”). Based upon the results of the inspection, and if perforation of the frame from rust corrosion meets or exceeds the Rust Perforation Standard, the Subject Vehicle’s frame and associated parts shall be replaced by Toyota at no charge to the Class Member. If the perforation of the frame does not meet or exceed the Rust Perforation Standard, and the vehicle is currently registered in a CRC State, and the vehicle has not previously received CRC or a new frame, pursuant to a prior Limited Service Campaign (“LSC”), then the dealer or authorized sublet facility will apply CRC to the Subject Vehicle’s frame. For vehicles registered in CRC States, the application of the CRC shall be available for a two (2) year period: (a) for the Tundra and Sequoia subject vehicles; and, (b) for those Tacoma subject vehicles for which CRC has not been previously applied and the frame was not previously replaced. The timing of the availability of the CRC application will depend on Toyota’s ability to obtain the applicable environmental permits. Toyota shall mail a reminder notice to Class Members in CRC States when there is only six (6) months remaining for the possible application of the CRC. All frames presented for inspection shall be inspected for perforations in the frame caused by rust corrosion in accordance with the following procedure: The frame will be inspected by a qualified Toyota technician, who will inspect the frame rails and cross member mounting locations. Any perforation found will be measured to confirm if it is within the inspection criteria. If any perforation exists, but no perforation is 10 mm or greater and if the vehicle has not previously received CRC or a new frame, pursuant to the prior LSC, then the frame will be cleaned and the CRC will be applied for Subject Vehicles located in the CRC States. If any perforation in the frame is found to be 10 mm or larger, then the frame will be replaced, as well as all applicable parts and service items incidental to frame replacement.
     
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  12. Apr 22, 2017 at 8:49 PM
    #232
    TRDSport10

    TRDSport10 Well-Known Member

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    David,

    As a member of the "class" appreciate your posting this message. I received the postcard in January indicating there was a "Class Action Suit" in progress but no recent email. The postcard stated a Fairness Hearing on April 27, 2016 (subject to change) and the final decision to be made on the settlement in June. Appears the Fairness Hearing has already occurred a bit early. Stay tuned, we will see where this leads.
     
  13. Apr 23, 2017 at 6:48 AM
    #233
    Bajatacoma

    Bajatacoma Well-Known Member

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    The way I read that, those of us with '05 trucks sold in late '04 are screwed no matter what. :mad:
     
  14. Apr 23, 2017 at 6:54 AM
    #234
    gaprider0

    gaprider0 Well-Known Member

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    I think I would fly south and buy trucks that have been on a low salt diet, lol
     
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  15. Apr 23, 2017 at 7:25 AM
    #235
    TRDSport10

    TRDSport10 Well-Known Member

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    Bahatacoma,

    Believe this class action suit covers Tacoma model years '05-'10 that have not previously had frames replaced. Date first sold appears IMO to apply only to the expiration of the extended 12 year coverage. If you really love your Taco, suggest take the time to go thru this thread from the beginning including the long explanations, PIA that it may be. (Or check at your local dealership after settlement finalized in June.)
     
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  16. Apr 23, 2017 at 7:39 AM
    #236
    cliffyk

    cliffyk Well-Known Member

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    Nope, the suit covers '05 to '10 model year trucks for "up to 12 years" from first use -or- "one year from the date of Final Order and Final Judgement"; which is expected to be June 26, 2017. If that is the date then your '05 sold in '04 will be covered until 6/26/2018...
     
    Last edited: Apr 23, 2017
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  17. Apr 24, 2017 at 5:41 PM
    #237
    Bajatacoma

    Bajatacoma Well-Known Member

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    OK, that's the part I missed. I've been out of the country for the last two years so my truck hasn't gotten much love, just an occasional drive by my dad. I'll be back next month and will have to take it by the dealer.
     
  18. Apr 27, 2017 at 8:33 PM
    #238
    1uzrnr

    1uzrnr The NotaRC 4runner :D

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    Anyone find the settlement results?
     
  19. Apr 28, 2017 at 5:04 AM
    #239
    Chris18

    Chris18 New Member

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    I was wondering the same thing. I have a 2005 Tacoma. It is so badly rusted my mechanic said I probably shouldn't be driving it. My Toyota service dept has not been helpful. They say my vin number is not included which doesn't make sense. I am going to go back and reread this thread for more information but if anyone has any suggestions for me, I would really appreciate it!
     
  20. Apr 28, 2017 at 5:19 AM
    #240
    sawx75

    sawx75 Active Member

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    Toyota will not do anything based on the VIN. This is a class action suit, not a recall, so Toyota will not do anything until it is all resolved.
     
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