NHTSA Complaint #10948618 — 2011 LEXUS IS 350C

TAKATA RECALL TOYOTA HAS REFUSED TO REPLACE THE DEFECTIVE AIRBAG IN MY CAR FOR 6 MONTHS, DESPITE REPEATED CONTACT. THE AIRBAG IS PART OF RECALL 16V340. I PRESENTED MY 2011 LEXUS IS 350C, VIN [XXX] TO TREASURE COAST LEXUS IN FORT PIERCE, FLORIDA, ON JULY 28, 2016. THEY ADVISED THAT NO PARTS WERE AVAILABLE TO MAKE THE REPAIR. I HAVE FREQUENTLY CONTACTED THEM SINCE, RECEIVING THE SAME ANSWER. ON THE SAME DATE, I NOTIFIED TOYOTA MOTOR SALES U.S.A., INC. (TOYOTA US) AND TOYOTA MOTOR CORPORATION (TOYOTA JAPAN). TOYOTA JAPAN ACKNOWLEDGED MY LETTER IN THEIR LETTER TO ME OF AUGUST 4, 2016. I HAVE SUBSEQUENTLY CONTACTED BOTH TOYOTA US AND TOYOTA JAPAN. NEITHER HAS SENT ME ANY ADDITIONAL WRITTEN CORRESPONDENCE. AFTER THREAT OF LAWSUIT, AN ATTORNEY CLAIMING TO "REPRESENT TOYOTA IN SOUTH FLORIDA" CONTACTED ME BY PHONE ON NOVEMBER 30, MAKING NO PROMISES OF ACTION OF ANY SORT. SHE STATED THAT TOYOTA WAS "NOT BUYING BACK CARS AT THIS TIME." I PURCHASED THE VEHICLE USED ON APRIL 30, 2016, 4 DAYS BEFORE THE CURRENT RECALL WAS ANNOUNCED BY NHTSA. THE AIRBAG SYSTEM IS STILL COVERED BY TOYOTA'S WRITTEN WARRANTY, AS THE CAR HAS ABOUT 66,000 MILES AND THE WARRANTY COVERS IT FOR 72,000 MILES OR 72 MONTHS. THE VEHICLE WAS MANUFACTURED IN AUGUST 2011, LESS THAN 72 MONTHS AGO. I SOUGHT ARBITRATION AND THE ARBITRATION PANEL (NCDS) DECLINED TO HEAR THE CASE. I WILL, WITHIN THE NEXT 2 WEEKS, INSTITUTE LEGAL ACTION AGAINST TOYOTA IN FLORIDA COURTS. I URGE YOU TO FIND THAT TOYOTA HAS VIOLATED AND CONTINUES TO MATERIALLY VIOLATE THE COORDINATED REMEDY ORDER AND 49 USC 30120. I ALSO URGE YOU TO REQUIRE TOYOTA TO STATE UNDER OATH HOW MANY VEHICLES HAVE BEEN PRESENTED FOR REMEDY BUT HAVE NOT BEEN REMEDIED. INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6). *TR