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Class action suit for Scion xB cracked windshield?

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Old 05-16-2010 | 01:58 AM
  #41  
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Originally Posted by Frizz
Why class action? Only the lawyers get money. haha
Why the laughter?
It became class action because individuals were getting nowhere asking Toyota pay for their cracked windshields. The law firm worked almost four years collecting the evidence, building the class action case, and litigating it, with a contingency fee that was only paid if they succeeded. And since they succeeded, 2006 owners now get money for their cracked windshields.

From the record at:
http://www.xbwindshieldsettlement.co...ementClass.pdf
...This action has been vigorously litigated for over two years, and the parties have engaged in discovery, including vehicle examinations and the exchange of documents....
... the Court concludes that a class should be certified for settlement purposes only. The class will consist ofall residents ofthe United States, the District of Columbia or any U.S. territory who are or were a registered owner or lessee ofa 2006 MY Scion xB...

Last edited by vintage42; 05-16-2010 at 02:18 AM.
Old 05-16-2010 | 02:16 AM
  #42  
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Originally Posted by Keitaro
It's too hard to prove manufacturing defect caused cracks on the windshield.... The design of the windshield (almost vertical) and vehicle shape is mainly the culprit...
The suit claimed the defect was in the windshield, not the vehicle shape:
...(Toyota) failed to disclose and actively concealed from consumers that the windshields of Model Year 2004-2006 Scion xB vehicles("Class Vehicles") are affected by design and manufacturing defects that cause the windshields to have an inordinate propensity to crack with little or no impact by road debris or other objects normally encountered while driving....
http://www.xbwindshieldsettlement.co...ementClass.pdf
Old 05-16-2010 | 03:01 AM
  #43  
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Originally Posted by vintage42
The claim form that I received in the mail last week just says it covers the '06s.
I sure hope that is not the "case".

Anyways, in about '06, I took mine into the dealer and complained about a crack from nowhere. The dealer logged into the computer.

About 2 years later I get a claim form to enter into the lawsuit. I filled it out and sent it in.

About 2 years later, still with the original crack from nowhere in my windshield, I wrote them wondering what was going on.

About 6 months later (about a week ago) I got a e-mail from the lawyers saying I should have gotten something in the mail.

After all these years, I sure hope I'm included !!!!!!!!!!

(But with my luck, I doubt I am.......)
Old 05-16-2010 | 11:42 AM
  #44  
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Originally Posted by Davestoaster
I sure hope that is not the "case"... After all these years, I sure hope I'm included !!!!!!!!!!
Class action Case No. BC375017 was filed on July 27, 2007 for 2006 owners only, so you as a 2005 owner were excluded almost 3 years ago. From the court document:
... the Court concludes that a class should be certified for settlement purposes only. The class will consist of all residents... who are or were a registered owner or lessee ofa 2006 MY Scion xB on or before the date ofthis Order...
http://www.xbwindshieldsettlement.co...ementClass.pdf
Evidently not enough 2004 and 2005 owners came forward for those years to make a strong case that would stand up to Toyota's defense.

Last edited by vintage42; 05-16-2010 at 11:51 AM. Reason: Added last para.
Old 05-18-2010 | 04:37 PM
  #45  
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Mine was replaced in Nov. 2007, but I'm in a glass coverage state, so no money was spent out of pocket. It was also a strike that caused it, 2 actually. The freeways in Louisiana suck, BTW. Maybe it was Mississippi, IDK.
I have gotten a few more chips since then, including one right on the edge, so will probably get it replaced in the next 6 months or so, again, no out of pocket expense to me.
What really sucks, and I don't know if others have experienced this, is that the replacement glass quaility sucks for fitment. I have a gap at the top in the middle. It had to be done twice. The first one didn't have a tint strip and the gap was horrible. The 2nd does have the tint strip, and is Pinkerton glass (if I remember right), but still has a gap and I get some wind noise in the car.
Old 05-18-2010 | 05:15 PM
  #46  
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Originally Posted by ajayaitch
Mine was replaced in Nov. 2007, but I'm in a glass coverage state, so no money was spent out of pocket... the replacement glass quaility sucks for fitment. I have a gap at the top in the middle. It had to be done twice. The first one didn't have a tint strip and the gap was horrible. The 2nd does have the tint strip, and is Pinkerton glass (if I remember right), but still has a gap and I get some wind noise in the car.
Pilkington is the correct spelling, and is known for not fitting and sealing on the xB properly. It apparently bows out at the top. Some people have refused to accept it.

The best replacement is Fuyao, made in China, OEM supplier for Toyota Asian markets. The next best is Safelite.

Removal requires cutting out the old glue holding the windshield in, which results in scrapes to the paint underneath that should be primed before the new glass goes in, or else rust will eventually occur. Also, it is good to replace the rubber gasket when the windshield is replaced. The adhesive should be left alone for 5-8 hours, during which time don't slam the doors with the windows up all the way, close them gently for a couple days - the sudden overpressure of a quickly closed door can sometimes disturb the adhesive seal.
Old 09-16-2010 | 08:26 PM
  #47  
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Bumping this up. I took mine into the dealership with the letter that I received about the class action suit.

They're replacing the windshield tomorrow, under the newly extended 60k warranty.
Old 09-16-2010 | 10:52 PM
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Originally Posted by burstaneurysm
... I took mine into the dealership with the letter that I received about the class action suit. They're replacing the windshield tomorrow, under the newly extended 60k warranty.
Because you have a 2006, the year that is covered by the extended windshield warranty.
Old 09-16-2010 | 11:43 PM
  #49  
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Yes, I'm aware why they are... just saying. No hassle, no problems, even though my windshield was clearly damaged by a rock and not a defect.
Old 09-17-2010 | 01:18 AM
  #50  
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Originally Posted by burstaneurysm
... No hassle, no problems, even though my windshield was clearly damaged by a rock and not a defect.
The settlement does not contest the cause of a crack. It is not worth it for Scion to determine that, the number of 2006 xBs on road is declining, and most of those left have over 60,000 miles and are beyond the warranty.
Old 09-17-2010 | 09:36 PM
  #51  
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But why not 2005 and 2004's?
Old 09-17-2010 | 10:35 PM
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Originally Posted by NYCxB
But why not 2005 and 2004's?
Read Post #44 earlier.
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