TOYOTA CLASS ACTION SAYS SOY WIRING ATTRACTS RODENTS
December 8, 2016
A new class action lawsuit claims thousands of Toyota cars, trucks and SUVs are defective because they contain soy wiring materials that are very attractive to rodents, resulting in costly repairs for their owners.
Plaintiff Heidi Browder says she’s been battling rodent damage under her 2015 Toyota Avalon which she attributes to soy-based wiring materials.
The lawsuit, which requests class action status on behalf of thousands of Toyota owners nationwide, claims the automaker recently switched the materials used to protect wiring inside the electrical systems of its vehicles.
Instead of using plastic or glass-based insulation derived from petroleum, the lawsuit claims Toyota now uses a soy-based wiring material that is promoted as more environmentally-friendly.
While soy-based wiring may be better for the environment, Browder says it also baits rodents and animals – including rats, squirrels, and other pests – to the vehicles and entices them to chew through, eat, or otherwise damage and compromise vehicles’ wiring and wiring insulation.
Browder first started experiencing problems last month when she allegedly tried starting her Toyota Avalon multiple times without any luck. She lifted the hood of the car and reportedly observed a rodent scurry across the top of the engine. Browder says she also observed damage to the wires under the hood and had her vehicle towed to a Toyota dealership.
A couple hours later, a Toyota service technician reported to Browder that there was rodent damage to her car and instructed her to contact her insurance company to see if they would cover the rodent damage. The technician indicated that the damage would cost between $5,600 to $6,000 to repair.
Browder contacted her insurance carrier and after paying a $500 deductible, the vehicle was repaired under her insurance. She then proceeded to inquire if the rodent damage was covered under Toyota’s warranty, but was told by a Toyota service representative that it was not covered because “any outside source of damage to the car” is not covered. The service rep also allegedly stated that rodent damage is “not uncommon” and the rodent damage “happens a lot” with Toyota vehicles.
This prompted to Browder to review her warranty which essentially states coverage is excluded for “airborne chemicals, tree sap, road debris, rail dust, salt, hail, floods, wind storms, lightening, and other environmental conditions.”
Browder points to numerous complaints posted on the National Highway Traffic Safety Administration’s website and other consumer sources which reveal rodents are uniquely attracted to the soy materials in the Toyota vehicles.
Yet despite the fact that Toyota is aware or should be aware of the issue with the soy wiring, it refuses to cover repairs for these vehicles, leaving consumers with little options except to pay for costly repairs out-of-pocket.
But Browder contends that Toyota’s warranty should cover customer repairs since the damage caused by the rodents or other animals chewing on the soy wiring is not an “other environmental condition.”
The lawsuit seeks recovery for monetary and equitable relief for Toyota’s breach of warranty, breach of implied warranty of merchantability, violations of the Magnuson-Moss Warranty Act, and violations of Texas’ consumer protection laws. Browder also seeks recovery based upon Toyota’s unjust enrichment, and declaratory relief.
Browder and the proposed Class are represented by Cory S. Fein of Cory S. Fein PC.
The Toyota Soy Wiring Class Action Lawsuit is Browder v. Toyota Motor Corporation, et al., Case No. 3:16-cv-03387, in the U.S. District Court for the Northern District of Texas, Dallas Division.
13 Investigates: Lawsuit says Toyota vehicles attract rodents, causing costly repairs
INDIANAPOLIS (WTHR) - A new class action lawsuit claims millions of Toyota cars, trucks and SUVs are defective because they contain materials that are very attractive to rodents, resulting in costly repairs for their owners.
The lawsuit has been filed in California, but the lead plaintiff is a Hoosier who has been battling rodent damage under his 2012 Toyota Tundra for several years.
“I had no knowledge when I bought this vehicle what was done,” Albert Heber told WTHR outside his home in Delphi, Ind. “I feel the manufacturer bears responsibility for changing materials…and it has been a big disappointment and very expensive.”
Heber’s problems started in fall 2013, when his new pickup truck had less than 4,000 miles. That’s when the vehicle’s “check engine” warning light first appeared. It has remained lit ever since.
“It’s on all the time. It never goes off,” Heber said.
A mechanic at a Toyota dealership in Lafayette discovered what had triggered the warning light: rodent damage under the vehicle.
“It was a vapor hose in the back that was chewed almost completely in half. I was taken totally by surprise,” Heber told 13 Investigates, climbing under his Tundra to show the damage.
Catching the culprit
Over the next three years, the damage – and the emergence of new warning lights – would only get worse.
The anti-lock brake warning light was next. Then the low fuel light started glowing – even when the gas tank was full.
A 4-wheel drive warning light starting blinking non-stop after that.
And Heber noticed his cruise control was no longer working.
During a routine drive to the grocery store, the vehicle’s dashboard is now lit up like a Christmas tree.
Another inspection at the dealership showed more signs of rodent damage, including damaged wiring harnesses and a front brake sensor wire that had been chewed to pieces. Heber thinks he might have caught the culprit red-handed.
“I was right here looking out my [porch] window. I saw a squirrel on its hind legs between the two rear tires, crawling up into the bottom of my truck,” he said.
Who’s responsible?
Repairing all the damage will cost about $2,200, according to estimates provided to Heber. Even though the Tundra still has fewer than 14,000 miles, Toyota will not cover the cost of repairs.
