FOR CALIFORNIA TOYOTA CONSUMERS ONLY

The California Department of Consumer Affairs Arbitration Certification Program (ACP) has certified Toyota Motor Sales, USA, Inc.’s (Toyota) arbitration program.  The ACP is committed to providing California consumers with the most reliable information possible concerning recent developments in the Toyota Recall Campaign.   Please take a moment to learn more about the available resources provided below and what to do in the event you are seeking more information regarding the recall, the arbitration program, or California’s Lemon Law:

ARBITRATION PROGRAM
Because Toyota maintains a state-certified, third-party arbitration program called the California Dispute Settlement Program (CDSP), the consumer must submit the warranty dispute to CDSP before the consumer can take advantage of the presumption in court. Arbitration is a free and relatively simple way of resolving warranty disputes. Both you and the manufacturer agree to allow a neutral third party (an arbitrator) to decide whether a reasonable number of repair attempts have been made and how to resolve the problem. Information about Toyota’s arbitration program can be found in the warranty notification booklet or your owner's manual.  In addition, consumers may contact CDSP at 1-888-300-6237, Monday through Friday (Eastern Time), to speak to a case administrator or visit our website at www.dca.ca.gov/acp/cdsp.shtml.

CALIFORNIA LEMON LAW
If your vehicle that is still under the original manufacturer’s warranty has a serious warranty defect effecting the use, safety, or value and that the manufacturer/dealer cannot fix, even after several attempts, you may be eligible to get your money back, or get another vehicle.  For example, two repair attempts may be considered reasonable for serious safety defects such as brake failure, depending on the exact situation.

A special provision, called the "Lemon Law Presumption," helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The "Lemon Law Presumption” applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) The same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (2) The same problem has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (3) The vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.

The "Lemon Law Presumption” is a guide, not an absolute rule.  A judge or arbitrator can assume that the manufacturer has had a reasonable number of chances to repair the vehicle if all of the conditions are met.  The manufacturer, however, has the right to try to prove that it should have the chance to attempt additional repairs, and the consumer has the right to show that fewer repair attempts are reasonable under the circumstances.

Be sure to check your warranty notification booklet and owner's manual for instructions.  You may be required to directly notify the manufacturer of the problem(s).  It is a good idea to send your written notice to the manufacturer at the address shown in the warranty or owner's manual by certified mail, return receipt requested so that you have proof that your letter was received. Keep a copy of all correspondence.   For more information about California’s Lemon Law and Toyota’s CDSP arbitration program, please contact us at (916) 574-7350, Monday through Friday (Pacific Time), or visit our website at www.dca.ca.gov/acp. 

OTHER INFORMATION
If you are experiencing any problems with your Toyota vehicle, park your vehicle in a safe place and immediately call your Toyota dealer or Toyota’s North American Customer Experience Headquarters at 1-800-331-4331 or visit Toyota’s website at http://pressroom.toyota.com/pr/tms/news.aspx for the latest information regarding the recall/stop sales campaign.

Also, the National Highway Traffic Safety Administration has issued a consumer advisory bulletin found at www.nhtsa.gov.