The class action lawsuit claims that the frames of certain Toyota Tacoma, Tundra, and Sequoia vehicles lack adequate rust protection, resulting in premature rust corrosion of the vehicles’ frames. The lawsuit pursues claims for violations of various state consumer protection statutes, among other claims. You can read the Second Amended Complaint by visiting www.ToyotaFrameSettlement.com.
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. The parties agreed to resolve these matters before these issues were decided by the Court. This settlement does not involve claims of personal injury, wrongful death, or actual physical property damage arising from an accident involving the Subject Vehicles. On October 3, 2014, Ryan Burns filed a class action complaint in Burns v. Toyota Motor Sales, U.S.A., Inc., No. 2:14-cv-02208 (W.D. Ark.) alleging, among other things, that Toyota (as defined below) designed, manufactured, distributed, advertised and sold certain Tacoma vehicles that allegedly lacked adequate rust protection on the vehicles’ frames that would allegedly result in premature rust corrosion and that Ryan Burns and others similarly situated sustained economic losses as a result thereof.
On March 24, 2015, Brian Warner and others filed a class action complaint in Brian Warner et al., v. Toyota Motor Sales, U.S.A., Inc., No. 2:15-cv-02171 (C.D. Cal.) alleging, among other things, that Toyota (as defined below) designed, manufactured, distributed, advertised and sold certain Tacoma vehicles that allegedly lacked adequate rust protection on the vehicles’ frames that would allegedly result in premature rust corrosion and that the plaintiffs and others similarly situated sustained economic losses as a result thereof.
On April 23, 2015, the United States District Court for the Western District of Arkansas issued an Order granting in part and denying in part Toyota’s motion to dismiss plaintiff Ryan Burns’ complaint. Pursuant to the United States District Court for the Western District of Arkansas’ Order, plaintiff Ryan Burns’ claims for breach of express and implied warranties were dismissed, while the order upheld his claims under the Arkansas Deceptive Trade Practices Act, for unjust enrichment and for declaratory relief.
On June 19, 2015, plaintiff Brian Warner and others filed a First Amended Complaint. On January 12, 2016, the United States District Court for the Western District of Arkansas issued an Order granting in part, and denying in part, Toyota’s motion for summary judgment on plaintiff Ryan Burns’ claims. Pursuant to the United States District Court for the Western District of Arkansas’ Order, Toyota’s motion for summary judgment was denied on all grounds except that plaintiff’s claim for injunctive relief was dismissed. In addition, according to this court’s order, Toyota’s motion to deny class certification was denied without prejudice.
Who’s Eligible
Class Members of the Toyota rusty truck frame settlement include anyone who owns or leases (or who previously owned or leased) one of the following Toyota truck models:
- 2005-2010 Toyota Tacoma
- 2007-2008 Toyota Tundra
- 2005-2008 Toyota Sequoia
Potential Award
Varies.
The type of benefits each Class Member is eligible to receive depends on several factors. Class Members who currently own or lease their vehicles will be able to take part in a Frame Inspection and Replacement Program to determine whether the truck’s frame should be replaced. NOTE: The Frame Inspection and Replacement Program will begin after the settlement becomes finalized.
If a Class Member’s vehicle must remain at a Toyota Dealership overnight (or longer), Toyota has agreed to provide a loaner vehicle (with proof of adequate insurance) for up to seven days while the frame is being replaced.
Proof of Purchase
Class Members must submit a Claim Form and supporting documentation, if available, to be considered for reimbursement for a prior frame replacement.
Claim Form Deadline
6/26/2017
Case Name
Brian Warner, et al. v. Toyota Motor Sales USA Inc., Case No. 2:15-cv-02171-FMO-FFM, in the U.S. District Court for the Central District of California
Final Hearing
4/27/2017
Settlement Website
Claims Administrator
Settlement Notice Administrator
Brian Warner, et al. v. Toyota Motor Sales USA Inc.
c/o Heffler Claims Group
P.O. Box 910
Philadelphia, PA 19105-0910
1-800-481-7948
Class Counsel
Timothy G. Blood
BLOOD HURST AND O’REARDON LLP
Ben Barnow
BARNOW AND ASSOCIATES PC
Defense Counsel
John P. Hopper
REED SMITH LLP
