Hyundai Hit With Class Action Alleging Electrical Defect

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Hyundai Motor Co. was hit with a class action lawsuit in a Los Angeles court alleging that the automaker has made cars with defective electrical systems, causing vehicles to shut down without warning.

This alleged defect affects Hyundai’s Elantra, Santa Fe, Tucson, Sonata, Azera, Accent and Veloster cars from model years 2010 through 2013, plaintiff Arshalos Nalbandian explains in her Hyundai class action lawsuit filed Jan. 28.

While there has not been a recall issued by Hyundai, it has sent out at least four service bulletins concerning the alleged defect. In addition, hundreds of Hyundai customers have filed complaints with the the National Highway Traffic Safety Administration.

However, the Hyundai class action lawsuit alleges that customers are having to pay for their own rental cars when they bring their vehicles to a Hyundai dealership to have them repaired.

“Hyundai expressly warranted in multiple writings, including but not limited to the warranty booklets Hyundai furnished to borrowers and lessees, including plaintiff, that the subject vehicles were free of defects. By virtue of the defective electrical systems … Hyundai breached its express warranties,” the Hyundai class action lawsuit explains.

The alleged electrical defect began in 2010, Nalbandian says in her class action lawsuit.

“As a result of the defect in the electrical system, the subject vehicles can rapidly and completely shut down while being driven and fail to start,” she explains.

Nalbandian claims in her Hyundai defective electrical system class action lawsuit that she leased a 2013 Hyundai Elantra GT in August 2013 at a Los Angeles area Hyundai dealership.

“Shortly after her lease, plaintiff experienced the defects pertaining to the defective electrical system of her subject vehicle,” she says in her class action lawsuit.

Nalbandian says that she has brought her leased Elantra “to authorized dealers of Hyundai complaining of these very defects on four different occasions, on each occasion Hyundai failed to correct the defects to conform the vehicle to its express and implied warranties.

“Furthermore, Hyundai failed to properly document the said defects of plaintiff’s vehicle each time claiming that the vehicle was working to Hyundai specifications and that no defects were verified,” the Hyundai class action lawsuit alleges.

Under Hyundai’s express warranties, the automaker is supposed to repair the defect, but since it hasn’t done so, it has breached its contract with customers.

“As a result of Hyundai’s breaches, the class members sustained damages, including but not limited to loss of the subject vehicles, diminution of their value, the cost of repair or replacement of the defective components and any out-of-pocket expenses associated therewith,” the Hyundai class action lawsuit claims.

Hyundai ought to repair the vehicles and not make customers either pay for the repairs or for rental cars while the vehicles are being fixed, the class action lawsuit says.

Nalbandian is suing Hyundai for breach of express warranty, breach of the Song-Beverly Consumer Warranty Act, breach of implied covenant of good faith and fair dealing, breach of the Magnuson-Moss Act, and breach of express warranty. In addition the class action lawsuit also alleges that Hyundai has violated California’s Unfair Competition Law,

The California woman is seeking to represent a class of those who either own or who have leased Hyundai Elantras, Santa Fes, Tuscons, Sonatas, Azeras, Accents and Velosters from model years 2010 through 2013.

She is asking for compensatory and punitive damages as well as equitable relief.

The plaintiff is represented by Hovanes Margarian of The Margarian Law Firm.

There is no attorney information available for Hyundai at this time.

The Hyundai Electrical Defect Class Action Lawsuit is Arshalos Nalbandian et al v. Hyundai Motor Co. et al, Case No. BC571831, in the California Superior Court, County of Los Angeles.