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: FindLaw's Common Law

Toyota Owners File Class Action Seeking Refund on Recalled Toyotas

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Toyota owners are "confused and concerned" according to the attorney representing those owners of recalled Toyotas joining a class action suit in Arizona and Washington. So much so, in fact, there is only one thing they want to do -- take the car back and get a refund.

That is what this class action lawsuit, called the "first of its kind" in the report by Market Watch, hopes to accomplish. Since a seemingly endless list of problems with the Toyota vehicles has left owners with ever more doubts about their safety, and with a rapidly falling Blue Book value, the plaintiffs have no other recourse says Steve Berman, who will be representing the hopeful soon-to-be-former Toyota owners.

Berman tells Market Watch that, "Parents have told me that they cannot take the chance of putting their children in their Toyota, no matter how much the company touts the effectiveness of the recall fixes." Market Watch reports that of the 6 million cars under recall, only about 1 million have been repaired world-wide, and that's according to the company's own estimate. "When we talked with Toyota owners, they all voiced the same desire -- to drive the car back to the lot, hand them the keys and pick up a check," Berman said. "Fortunately, we think the law allows for exactly that solution."

The class action suit, which has been filed in federal district court, alleges that the car company breached its warranty when it sold the cars under recall and thus the owners should be able to void the sales contract for a refund. The suit also asks the court to require that Toyota stop selling the cars in question until all the safety issues are addressed. Berman's firm claims safety issues tied to unintended acceleration episodes of Toyota's vehicles have been linked to more than 50 deaths in the United States.

According the attorney, unlike the many other class action lawsuits pending against the car company, which will provide only for a monetary award, this suit will give Toyota owners a real solution to their car problems.

To learn more about the suit, or to view a complete list of vehicles involved, visit. www.hbsslaw.com/toyota.

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Full post as published by FindLaw's Common Law on March 17, 2010 (boomark / email).

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