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PHILADELPHIA (KYW) — When Marisa Penate bought a brand-new Toyota Sienna, she says safety was her top priority.
The grandmother from Mount Airy in Philadelphia paid more than $63,000 in cash for the vehicle using retirement savings. She needed a minivan large enough to transport her four young grandchildren.
“The most important thing, I bought it because it was safe,” Penate said.
Months later, Penate says that sense of security disappeared when a recall notice arrived from Toyota.
Penate purchased the 2025 Toyota Sienna last March.
In December, Toyota notified owners of certain 2025 Sienna vehicles that second-row seat rails may have been improperly welded. The recall notice warned that in certain high-speed crashes, the seats could lose structural integrity, increasing the risk of injury.
Penate says she immediately thought about her grandchildren, who regularly rode in those seats.
“Panic! I said, ‘Oh my God, I’ve been driving my little babies,” she said.
The recall notice also included a recommendation from Toyota until repairs could be completed.
“The warning says, ‘no one sit in or use a child restraint in the second row … until the remedy is performed on the vehicle,'” Penate said while reading from the notice.
Toyota informed owners that dealers would replace the affected seat rails at no cost once parts became available.
Penate says when she brought her Sienna to the dealership, she learned there was another problem.
There was no repair available yet.
Attorney Bob Silverman, who now represents Penate, says situations like this have become increasingly common across the auto industry.
“You’ve got these recalls, ‘hey your car’s unsafe but we can’t fix it,'” Silverman said. “That’s crazy.”
Consumer Reports has found millions of vehicles are recalled each year before a remedy is ready, leaving some consumers waiting weeks, months, or even years for repairs.
Penate told CBS News Philadelphia her Sienna remained out of service for 102 days while waiting for replacement parts and repairs.
She was provided with a loaner vehicle during that time.
Penate filed a lawsuit in Philadelphia’s Court of Common Pleas alleging the vehicle qualifies as a lemon under Pennsylvania law because it was out of service for more than 30 days due to a warranty-related defect.
Lemon laws are different in every state.
Penate is asking Toyota to buy back the vehicle and refund the purchase price, along with other damages and attorney fees.
Court filings show she initially tried to work directly with Toyota to resolve the issue, including seeking a trade-in or buyback. When those efforts failed, she filed suit.
Toyota declined to address the allegations.
A spokesperson told CBS News Philadelphia the automaker can’t comment on pending litigation.
Silverman says consumers should not ignore recall notices, especially when safety concerns are involved.
“Read those recalls carefully,” he said. “You should immediately contact the manufacturer and the dealer and say, ‘fix my car, and if you can’t, put me in a safe car while I’m waiting,’ and document everything.”
He advises drivers to keep:
Repair orders
Emails
Text messages
Recall notices
Records of conversations with dealers or manufacturers
That documentation, he says, can become crucial if a dispute develops later.
For Penate, the case is about more than a vehicle.
“You have rights,” she said. “You have rights, and you need to exercise them.”
If your vehicle is recalled and a repair is not immediately available:
Read the recall notice carefully
Ask the dealer for written documentation
Request a loaner vehicle if safety is a concern
Save every repair order, email and text message
Keep records of all communications with the manufacturer and dealership
Consumer advocates say those records can make a significant difference if a warranty, recall or Lemon Law dispute later arises.
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