Hyundai Sonata Drivers Want Brake Defect Class Action Certified

Plaintiffs in a Hyundai Sonata class action are seeking Class certification for consumers who allegedly experienced brake defects in their vehicles.

Specifically, the group seeks to certify a Class of consumers who purchased or leased Hyundai Sonata vehicles from model years 2006 to 2010 in New York and Pennsylvania.

Plaintiffs Steve Miller, Charlene Liddle, Rebecca McCormick, Karen Marshall and Darrell R. White argue that the proposed Class can “easily surpass the numerosity hurdle,” as they’ve “alleged that thousands of customers were damaged” by brake defects and subsequent repairs which they were forced to pay for out-of-pocket.

The proposed Class Members face common issues too, the plaintiffs argue, based on Hyundai’s alleged misrepresentations about the vehicles.

“The question of whether HMA engaged in a material deception or omission with a significant safety issue, by concealing from class members the fact that the Sonata brakes were defective is a common issue,” the plaintiffs said. “Also common is the fact of HMA’s knowledge of this potentially dangerous defect.”

The plaintiffs also claim that there are common questions which drive the allegations, satisfying another requirement for Class certification.

“Here, commonality is met because there are core common questions,” the plaintiffs wrote. “Are the Sonata’s brake parts (i.e., calipers, rotors, spring clips and carriers) defective? Did HMA know of the defect? Was defendant required to disclose the alleged defect at the time of the sale or when class members went for warranty or remedial service? Was that undisclosed information material to a reasonable consumer acting reasonably?”

The plaintiffs first filed their Hyundai Sonata class action lawsuit in 2015, alleging that several models years of the vehicles were affected by brake defects.

According to the Hyundai class action, the problems with Hyundai Sonata brakes stems from the use of subpar materials in the braking systems, which leads to premature corrosion of the brakes and brake pad seizure.

Hyundai allegedly misrepresented the warranty on its vehicles, according to the class action, and further breached the warranty by failing to pay for replacement brakes after brake failure occurred.

Instead, Hyundai Sonata drivers were allegedly forced to foot the bill for calipers, rotors, brake carriers, and clips which had seized, frozen, or corroded.

The plaintiffs argue that Hyundai forced consumers to pay for repairs in order to save face and conceal the widespread issue.

The automaker has countered these allegations, arguing that there were no misrepresentations of any kind regarding defects in Hyundai Sonata vehicles and that the plaintiffs are only suing to get free brake repairs out of the company.

The drivers are represented by Gary S. Graifman of Kantrowitz Goldhamer & Graifman PC; Elmer Robert Keach III of the Law Offices of Elmer Robert Keach III PC; Gary E. Mason of Whitfield Bryson & Mason LLP; and Nicholas A. Migliaccio and Jason S. Rathod of Migliaccio & Rathod LLP.

The Hyundai Sonata Brake Defect Class Action Lawsuit is Miller, et al. v. Hyundai Motor America, Case Nos. 1:15­-cv­-04722 and 1:12-­cv-03072, in the U.S. District Court for the Southern District of New York.

UPDATE: The Vehicle Safety Defect Investigation is now open! If you own a vehicle that has a safety defect and you believe it should be covered by the warranty and it’s not, submit your information here.