Brian Warner et al. v. Toyota Motor Sales, U.S.A., Inc., Class Action Settlement
IF YOU OWN OR LEASE OR PREVIOUSLY OWNED OR LEASED CERTAIN TOYOTA TACOMA, TUNDRA, OR SEQUOIA VEHICLES, YOU COULD GET BENEFITS FROM A CLASS ACTION SETTLEMENT.
On April 27, 2017, the Court held the Final Fairness Hearing. On May 21, 2017, the Court issued its Final Order and Final Judgment approving the settlement.
In June, 2017, appeals were filed to the
settlement. This will delay implementation of the settlement.
There is a proposed settlement that has been preliminarily approved in a class action lawsuit against Toyota Motor Sales, U.S.A., Inc. (“Toyota”) concerning certain Toyota Tacoma, Tundra, and Sequoia vehicles. Those included in the settlement have legal rights and options and deadlines by which they must exercise them.
You are included if you bought, owned, or leased 2005-2010 Toyota Tacoma, 2007-2008 Tundra, or 2005-2008 Sequoia vehicles (see FAQ 3 for a list of eligible vehicles).
The proposed settlement provides for a free Frame Inspection and Replacement Program to determine whether your Subject Vehicle’s frame should be replaced. If the frame needs to be replaced to meet the Rust Perforation Standard, replacement will be at no cost to you. The settlement also reimburses Class Members who previously paid for frame replacement due to rust perforation that satisfies the Rust Perforation Standard and that were incurred prior to January 3, 2017.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
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YOU MAY: |
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DATE/CLAIM PERIOD |
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SEEK INSPECTION UNDER THE FRAME Inspection
and REPLACEMENT PROGRAM |
Have the
frame of your vehicle inspected to determine whether your frame should be
replaced. If the inspection
shows that your frame should be replaced, an authorized Toyota Dealer will
replace the frame, at no cost to you.
At your request and if your vehicle is kept overnight, Toyota shall
also provide a complimentary Loaner Vehicle (upon proof of adequate
insurance) for up to seven (7) days, absent exceptional circumstances, while
your vehicle’s frame is replaced. |
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 |
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FILE A CLAIM |
You may submit Claims for previously paid
out-of-pocket costs for frame replacement incurred on a Subject Vehicle to
address rust perforation that satisfies the Rust Perforation Standard that
were incurred prior to January 3,
2017 and that were not otherwise reimbursed. This
is the only way that you can get reimbursed. |
July 20, 2017 |
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OBJECT |
Write to the
Court about why you do not like the proposed settlement. |
March 27, 2017 |
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EXCLUDE |
Ask to get
out (opt out) of the proposed settlement.
If you do this, you are not entitled to any of the settlement benefits,
but you keep your right to sue Toyota about the issues in your own lawsuit. |
March 27, 2017 |
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APPEAR IN THE |
You are not
required to enter an appearance in the lawsuit in order to participate in the
proposed settlement, but you may enter an appearance on your own or through
your own lawyer in addition to filing an objection if you do not opt
out. You can also ask to speak in
Court at the Fairness Hearing about the proposed settlement, if you have
previously filed an objection and submitted a timely notice of intention to
appear at the Fairness Hearing. |
April 27, 2017 at |
|
DO NOTHING |
You may not
receive certain settlement benefits that you may otherwise be eligible for
and you give up the right to sue Toyota about the issues in the lawsuit. |
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You are encouraged to periodically check this website as it will be updated with additional information.
