Tuesday, October 28, 2014

Independent Monitor

On October 17, 2014, the letter below was sent to David Kelley, an attorney who has been appointed the Independent Monitor of TOYOTA as part of the $1.2 BILLION settlement with the Department of Justice, TOYOTA'S GET OUT OF JAIL FREE CARD!
[The letter below was sent without the images or highlighting.]

David N. Kelley, Esq.

Independent Monitor

Cahill Gordon & Reindel LLP

80 Pine Street

New York, NY 10005-1702


Dear Mr. Kelley:

April 23, 2012, I purchased a NEW 2012 Prius C from Route 44 Toyota located in Raynham, MA, at the time incorrectly believing TOYOTA would be responsive to problems with their vehicles.

I am simply a CONSUMER!

My 2012 TOYOTA Prius C had 600 miles on the odometer as I drove out of a parking garage.

The vehicle experienced such a significant jolt [NO NOISE] I initially believed my TOYOTA had been struck in the rear and subsequently realized the jolt was caused by the vehicle itself transitioning from the battery to its gas engine.

When TOYOTA called that evening and I shared my experience, I was instructed to call the dealership to have the vehicle checked.

Initially, the dealership refused to make an appointment, assuring me this was NORMAL OPERATION even though it was not previously experienced. Major jolt from transitioning?

A short time later, while approaching a STOP SIGN at a Public School Crossing, I applied the BRAKES, and as the pedal traveled to the floor, a dash light flashed on while the TOYOTA continued to travel through the STOP SIGN.

I subsequently drove SLOWLY to my home and had the vehicle towed to the dealership.

I was assured there were "NO COMPUTER ERROR MESSAGES."

I was informed a TOYOTA SERVICE PERSON would examine and test drive my 2012 Prius C but was prevented from being present.

When I subsequently attempted to retrieve my vehicle, the brake pedal again traveled to the floor which I have come to understand is NOT acceptable behavior.

I left my TOYOTA at the dealership to have it examined again and was informed this is how electronic brakes operate and I just needed to get 'used to it.'

It is now my understanding once the ignition has been shut off and turned on or the battery disconnected, all computer error messages are erased.

I refused to drive a TOYOTA that experienced unpredictable behavior in less than a month of operation and less than 1,000 miles on the odometer. I left the vehicle on the dealer's property and filed a complaint. How can any driver operate a 2012 TOYOTA Prius C with unpredictable behavior?

When I cleaned the vehicle out and retrieved its license plates in August 2012, I reported to my attorney at that time the ODOMETER read ~ 600 miles.

I knew at that time my vehicle had been tampered with while in the custody of the dealership.

I did NOT turn on the ignition, but merely turned the key to the accessory position.

I subsequently became aware of NHTSA's process to Petition for Defect Investigation which I filed because I firmly believe there are 2 separate issues:

1. my refusal to drive a TOYOTA vehicle in which I would jeopardize the safety of others

2. the safety of other TOYOTA owners if there is a safety/software defect


When NHTSA arrived at the dealership to examine and test drive the vehicle, it had been sitting for almost a year, its battery was dead and required replacement.

That would delete any error messages.

You will note NHTSA has documented subsequent TAMPERING with the ODOMETER, posted in the Federal Register in JULY 2014.


Denial of Motor Vehicle Defect Petition, DP13-002, 44487-44491 [2014-17983]


National Highway Traffic Safety


Denial of Motor Vehicle Defect Petition,


If there was nothing found wrong with my TOYOTA, why was its odometer TAMPERED with?

You will note the inclusion of information about a 'HILL HOLD FEATURE,' yet when the BRAKE FAILURE was experienced, I was operating on a FLAT SURFACE, there were never any bells or whistles noted.

This matter goes far beyond the egregious conduct by NHTSA and TOYOTA.

Subsequent to filing a lawsuit, I discovered the dealership, Route 44 Toyota had violated the FCRA [Fair Debt Collections Practices Act] and illegally requested a credit report on the day I presented payment in full for the vehicle. 

In addition, Route 44 Toyota requested my credit report on the day [October 2012] they discovered my vehicle on their property with no license plates on it.

Route 44 Toyota also illegally requested a credit report of a disinterested 3rd party on that date.

We did NOT travel to the dealership, request credit or undertake any action enumerated under FCRA.

When I filed a complaint with TOYOTA, it was ignored.

When I posted my experience on 'dealerrater', a web site which provides the dealership with a two week time frame to remedy a consumer problem prior to making it publicly available, I was threatened with a SLAPP suit by the dealership's attorney, Daniel Viera.

In my complaint, I sought to have the purchase price of my 2012 TOYOTA Prius C refunded along with other associated costs.

Instead, I have been stalked, spied upon, my medical records shared [for which 2 agencies are currently investigating HIPAA violations] and more.

It is now more than two years since the complaint was filed and TOYOTA's attacks continue, while the deposition process remains incomplete.

Attorney Keith Rose has traveled to and from Albany, NY, requiring 4 hours to Plymouth, MA, 4 hours back to Albany for nonsensical reasons.

During the first year, Attorney Rose had profuse 'scheduling conflicts' which reflects TOYOTA's DILLY, DALLY, DELAY, STALL & BILL 'EM tactics. 

Each time, Attorney Rose stands before the court, he presents bizarre and fictional versions of this matter.

I am a simple consumer who mistakenly purchased a new 2012 TOYOTA Prius C.

Instead of making the vehicle function properly, I have been attacked, discredited, stalked,.....

 my medical records shared....,
....my sobriety and drug use challenged, illegally obtained credit reports abused, my privacy invaded and more.

As a consumer, I have been strong-armed, stalked and attacked for protesting a DEFECTIVE TOYOTA vehicle.

Since the Federal Register Denial was posted in July 2014 [while strangely the Public Comment period ended in April 2014] this matter does seem to fall within your jurisdiction.

Other TOYOTA owners are stuck with these malfunctioning vehicles because they have no recourse and it's time to make things right for consumers.