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A Toyota Tundra class action lawsuit alleges an engine recall is not good enough to repair the trucks.
The Toyota Tundra engine class action wasn’t filed until the automaker announced it was recalling trucks and SUVs to replace the engines for free.
The lawsuit includes 2022-2024 Toyota Tundra and Tundra Hybrid trucks equipped with V35A engines.
The recall includes 2022-2023 Toyota Tundra trucks and Lexus LX600 SUVs because a specific version of the V35A engine bearings can fail due to debris in the engines. Toyota found debris leftover from building the engines may not have been cleaned from the engines.
The V35A engines can knock and stall if debris sticks to the bearings.
Toyota said the problem occurs only with certain types of V35A engines and Tundra Hybrid trucks are not equipped with those engines. Toyota also says model year 2024 Tundras are not equipped with the problematic engines.
Even though the Toyota Tundra engine recall has the automaker replacing engines for free, the three customers who sued claim the recall isn’t good enough. The class action even questions if the “engine defect” can be fixed, even though Toyota is replacing the engines.
The plaintiffs also assert the engine recall doesn’t include Tundra Hybrid trucks and fails to include model year 2024 trucks. And even though the V35A engines are being replaced for free, the plaintiffs complain they are forced to drive dangerous trucks while waiting for the free engine replacements.
The three Toyota customers who filed the class action contend the V35A engines stall and sometimes completely fail. The problems are allegedly caused by debris inside the Tundra engines that cause failures of the trucks to accelerate properly, but after a delay the truck will accelerate forward.
“This unsafe condition is referred to by consumers as ‘throttle lag,’ ‘jolting,’ or ‘lurching’” and presents a ‘serious safety concern because [the Subject Vehicles] respond to input in the accelerator on a delayed basis.’”
Toyota says the plaintiffs are referencing two separate problems with Tundra trucks but are trying to argue all the problems are caused by the V35A engine debris problem.
According to Toyota, the Tundra class action describes symptoms related to a previous technical service bulletin issued by Toyota for Tundra acceleration hesitation.
In December 2022, Toyota issued T-SB-0111-22 to cover 2022-2023 Tundra trucks that could suffer lag when accelerating, the same problem mentioned in the lawsuit. But the acceleration hesitation is not caused by the engine at all because it’s a transmission issue.
Toyota dealers updated the transmission control modules to repair the Tundras.
Toyota says the three plaintiffs ignore the vehicle’s engine manufacturing dates which indicate which engines are affected by machining debris. And Toyota argues the plaintiffs seem to not understand Tundra Hybrids do not have the defective engines.
According to Toyota, a Vermont plaintiff says he purchased a 2022 Tundra in March 2022, but months later the truck began “experiencing a throttle lag when attempting to move forward from slower speeds or a stopped position, followed by a jarring surge of his Vehicle.”
But Toyota points out the plaintiff admits he is still driving his truck, and Toyota argues the plaintiff “does not allege he took his vehicle into a Toyota dealership for any reason.”
Two of the three plaintiffs have allegedly already been offered complete relief through the free engine replacement recall but still paid $405 to file the class action for more than $5 million.
And those two plaintiffs can also be reimbursed for any previous expenses caused by the engines.
With the other plaintiff, Toyota points out he admits the “actual reason” his Tundra experienced engine failure involved the wrong fuel type (red-dye diesel) being put into the truck. Not to mention his Tundra is model year 2024 and is not included in the engine recall in the first place.
In addition, Toyota says even though the truck was repaired, the plaintiff “prematurely terminated his lease and abandoned the vehicle.”
Toyota argues the class action should be thrown out because the defective engines are already being replaced for free, and there is zero evidence that Tundra Hybrid trucks need new engines.
In addition to replacing the V35A engines, the Tundra recall is overseen by the National Highway Traffic Safety Administration which approved the engine replacement recall.
The Toyota Tundra engine lawsuit was filed by these three customers:
- Tom Daley / Vermont / 2022 Toyota Tundra
- Marty Holstien / Oregon / 2022 Toyota Tundra
- Terrance Regan / North Carolina / 2024 Toyota Tundra
The Toyota Tundra engine recall lawsuit was filed in the U.S. District Court for the District of Vermont: Daley, et al., v. Toyota Motor North America, Inc.
The plaintiffs are represented by The Burlington Law Practice, PLLC, Shub & Johns LLC, and Ahdoot & Wolfson, PC.