Toyota Paint Defect Class Action
Omni Bridgeway has agreed to fund a class action brought by William Roberts Lawyers against Toyota on behalf of consumers (Affected Consumers) who were supplied with or purchased a Toyota Corolla on or after 1 January 2011 that was:
- manufactured between 12 July 2010 to 30 September 2014 (limited to certain body shapes during parts of this period); and
- painted with factory code 040 white paint (also known as Glacier Pure Super White, Glacier White, Super White, or Super White II), (Affected Toyota Corollas).
Note: If you own a Toyota vehicle that is
not a white Corolla, but which has experienced paint peeling, then we invite you to register your interest in the class action. Instructions on how to register your interest are provided below.
Background
Toyota is an internationally known manufacturer of motor vehicles, including the Toyota Corolla. Affected Consumers have complained of a paint defect in the Affected Toyota Corollas which can cause the paint to peel.
On 12 July 2022, Toyota Australia released a Media Statement which referred to vehicles including the Affected Toyota Corollas and relevantly described the paint defect as follows:
The condition involves specific factory-applied white paint colour (colour code 040) and may occur when sunlight/ultraviolet exposure over time degrades the adhesion between the factory-applied paint primer coat layer and the base metal electrodeposition layer, causing paint to peel from the metal body panel.
The Claim
The claim will allege that the paint defect breaches the guarantee as to acceptable quality pursuant to section 54 of the Australian Consumer Law, and that Toyota is liable to compensate Affected Consumers for loss and damage caused by the breach. This includes damages for the reduction in value of the Affected Toyota Corollas, other reasonably foreseeable losses, and damages for distress and disappointment.
How Much Will it Cost to Be a Part of the Class Action
The class action is being funded by Omni Bridgeway on a “no win, no pay” basis in accordance with the terms of a funding agreement or terms imposed by the Court. If the class action is successfully resolved and there is a recovery of compensation, Omni Bridgeway will be entitled to reimbursement of the costs it has spent plus a commission from such recovery only.
There are no ‘out of pocket’ costs for class members to pay. Class members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to Toyota.
Class Action Eligibility
You may be eligible to take part in the class action if you were supplied with or purchased an Affected Toyota Corolla (as defined above) on or after 1 January 2011.
You may be eligible to take part in the class action whether the paint on the Affected Toyota Corolla has peeled or not.
Affected Consumers include anyone who:
- purchased (including via a lease) an Affected Toyota Corolla either as new (i.e. from a dealer) or second hand; and
- owned an Affected Toyota Corolla, but has since sold it.
How can I check if I am eligible?
First, you need to work out if your Toyota Corolla vehicle was produced/manufactured between 12 July 2010 to 30 September 2014 (Manufacture Period) by reviewing:
- The build plate/label on it (see example further below).
- A contract for the sale of the vehicle.
- The certificate of registration or roadworthiness or similar.
Note: The name used to describe a “certificate of registration” or “certificate of roadworthiness” will differ amongst each state and territory registry. For example, a certificate of registration can also be described as a Vehicle Registration Notice, Vehicle Registration Renewal Notice, or Licence and Third Party Insurance Policy (issued by the government of WA). If you are in doubt as to which document will assist with identifying when your Toyota Corolla was produced/manufactured, please contact your state or territory motor vehicle registry for further information.
Secondly, if your Toyota Corolla vehicle was produced/manufactured in the Manufacture Period, then you need to confirm the following based on the body shape of your Toyota Corolla vehicle:
- If your Toyota Corolla vehicle is a sedan, confirm that it was manufactured from 12 July 2010 to 24 March 2014.
- If your Toyota Corolla vehicle is a hatchback, confirm that it was manufactured from 10 January 2012 to 30 September 2014.
Thirdly, you need to work out if your Toyota Corolla is painted with factory code 040 white paint (also known as Glacier Pure Super White, Glacier White, Super White, or Super White II) (Affected White Paint) by reviewing:
- The build plate/label on it (see example below).
- A contract for the sale of the vehicle.
The build plate/label contains information about the vehicle and was affixed to the vehicle by Toyota. An example of a build plate/label is shown below (note that this may not look the same as the build plate/label on your vehicle and is only intended to be used as a guide):
In the above example, the Toyota Corolla was “BUILT” in JAN 12 (being January 2012) and its “COLOR” was 040. This means that this Toyota Corolla was manufactured during the Manufacture Period and was painted with the Affected White Paint.
If you answered yes to the above, you may be an eligible claimant, and we invite you to sign up to the class action by clicking “SIGN UP” below.
In order to register multiple vehicles, you will need to take the following steps:
- fill in the details of the first vehicle you wish to register during the sign up process (this will ensure that you are registered in our system which will allow us to assign additional vehicles to you); and
- download the multiple vehicles spreadsheet here, complete it and return it by email to [email protected] once you have finished the following online sign up process.
How do I sign up?
It is currently proposed to bring the class action on an ‘open’ basis, that is, on behalf of all eligible claimants, whether or not they sign up to the funding agreement. If you do not wish to take part in the class action, you will need to opt out in accordance with the relevant court rules.
Omni Bridgeway encourages all those who are eligible to take part in the class action, and who do not wish to opt out, to sign up so that Omni Bridgeway can include you as a “known” funded group member and ensure you receive regular updates regarding the class action and, most importantly, so that any distribution from the proceeds of the class action to which you may be entitled is properly paid to you.
To sign up, you can do so by clicking on the “SIGN UP” button below. Alternatively, you can contact the Omni Bridgeway Client Liaison Team in our Perth office by email on [email protected] or by phone on 1800 110 815.
Please return your completed and signed Funding Agreement and Retainer by no later than 30 April 2024.
What if I am not eligible for the class action, but my Toyota vehicle has a paint defect?
If you do not meet the eligibility criteria for the class action, but you own or have owned either:
- a Toyota Rukus vehicle manufactured/produced between 22 August 2011 and 25 December 2015 and painted with Affected White Paint; or
- any other Toyota vehicle that has experienced paint peeling,
Then you are invited to register your interest below as we would like to hear about your experience.
For clarity, you do not currently meet the eligibility criteria for the class action if you own or have owned:
- a Toyota vehicle that is not a Corolla;
- a Toyota Corolla sedan that was not manufactured from 12 July 2010 to 24 March 2014; or
- a Toyota Corolla hatchback that was not manufactured from 10 January 2012 to 30 September 2014; or
- a Toyota Corolla that was not painted with the Affected White Paint; or
- an Affected Toyota Corolla that was supplied/purchased prior to 1 January 2011.
You are free to register your interest by clicking “REGISTER YOUR INTEREST” below. You will not be able to sign a funding agreement at this stage, but if you register you interest, we will be able to let you know in the event a decision is made to include a claim for you (and others like you).