Sarah Mirando  |  November 7, 2012

Category: Consumer News

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Hyundai Kia mileageJust one day after reporting that Hyundai and Kia had admitted to overstating the estimated fuel economy on the window stickers of nearly 1.1 million 2011-2013 model-year vehicles, we’ve learned that a class action lawsuit has been filed in the United States. The case joins a Canadian class action lawsuit over the same issue.

The Korean automakers admitted on Friday to overstating the mileage on over a million Hyundai and Kia vehicles in North America since 2010, including about 900,000 in the U.S. The automakers agreed to reimburse current and former owners by giving them debit cards containing the additional money they spent on gasoline due to the lower-than-advertised gas mileage, plus 15%.

That’s not enough for some irate Hyundai and Kia customers, who filed a class action lawsuit in Ohio. The Hyundai/Kia class action lawsuit is seeking more than $5 million in damages and accuses the automakers of “knowingly or recklessly exaggerated estimated gas mileage and fuel economy rating information … in order to entice” the owners into buying the vehicles.

The Hyundai/Kia mileage class action lawsuit was filed by Canadian citizens Rebecca Sanders and Jeffrey Millar, who live in Cincinnati and bought a 2013 Hyundai Elantra; and Molly Simons, a resident of Ohio who bought a 2012 Kia Rio.

Hyundai spokesman Chris Hosford would not comment on the class action lawsuit but defended the Hyundai/Kia mileage reimbursement program, which could provide as much as $100 million in refunds to affected consumers.

“We think our reimbursement program provides the best, quickest, and most customer-focused remedy. We are fully compensating affected Hyundai owners for the additional lifetime fuel costs associated with our rating adjustment — plus a 15 percent premium. Owners have responded very favorably to the plan. Our priority is to make this right for our owners, and that’s precisely what this program does,” Hosford said.

The Hyundai/Kia mileage issue was uncovered during an investigation by the Environmental Protection Agency that found widespread discrepancies between the window stickers on Hyundai and Kia vehicles and EPA testing. Most vehicles were receiving an average fuel economy of 1 mpg less than advertised, while others, such as the Kia Soul, were getting 6 mpg less than advertised.

Consumer Watchdog, a consumer group that asked the EPA to audit mileage of the Hyundai Elantra in January after receiving a barrage of consumer complaints, said it was happy with the results of the EPA investigation.

“The EPA rightly audited Hyundai and the public deserves to know the whole truth about why these test results were inaccurate and whether or not they were intentionally falsified,” said Jamie Court, president of Consumer Watchdog.

The agency spearheaded a false advertising class action lawsuit against Hyundai this summer challenging the company’s “40 Miles Per Gallon” Elantra. According to the class action lawsuit, filed in California, the Elantra only gets 29 mpg on the highway – far below its advertised mileage.

“[The] illegal advertisements caused tens of thousands of California drivers to purchase or lease 2011 and 2012 Elantras and consequently incur unexpected fuel costs,” the Hyundai Elantra class action lawsuit states.

Hyundai and Kia customers with questions about the mileage reimbursement program can find answers at www.hyundaimpginfo.com and www.kiampginfo.com.

The U.S. Hyundai/Kia Mileage Class Action Lawsuit case is Sanders, et al. v. Hyundai Motor Company, et al, Case No. 12-cv-853, Ohio Southern District Court, Cincinnati.

UPDATE 1: Hyundai and Kia reached a $400 million class action lawsuit settlement in February 2013, which was announced in December 2013.

UPDATE 2: A group of breakaway Class Members filed an objection to the proposed Hyundai Kia class action lawsuit settlement, calling it “unreasonable” and “unfair” to consumers.

UPDATE 3: A settlement has been reached in a class action lawsuit alleging Hyundai Motor America and Hyundai Motor Company misrepresented the fuel economy of certain Hyundai vehicles. Consumers who purchased or leased certain Hyundai vehicles could be eligible for a cash payment or other benefits. Learn more at the Hyundai Fuel Economy Settlement.

UPDATE 4: As of Apr. 11, 2016, six different appeals have been filed concerning the Hyundai Fuel Economy Settlement. Until the Court resolves those appeals, the Claims Administrator is unable to mail out settlement funds. 

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104 thoughts onFirst Hyundai/Kia Mileage Class Action Lawsuit Filed

  1. Anonymous says:

    I waited my whole life to buy a brand new car – finally did in June ’12…a 2012 KIA Sorento with the supposed extra efficient 4 cyl. GDI engine. What a HUGE disappointment with the MPG right from the get-go. I feel cheated on, lied to, ripped off and totally taken advantage of. The KIA estimator is so insulting as a reimbursement amount that it only adds insult to injury. I want to be truly compensated for one of the biggest let downs in my life! Sign me up!!!

  2. Anonymous says:

    2011 Sorrento Does NOT get Milage Promised

  3. Anonymous says:

    2011 Sorrento Gasoline milage mis-represented on this car too!

  4. Anonymous says:

    I purchased a 2008 Kia Sedona. How can I find out whether the mileage claim is accurate?

  5. Anonymous says:

    I wonder if the below statement means that as long as we own the car they will keep adding money to the gas card

    Both companies are putting in place a comprehensive reimbursement program for affected current and former vehicle owners to cover the additional fuel costs associated with the fuel economy rating change. Customers will receive a personalized debit card that will reimburse them for their difference in the EPA combined fuel economy rating, based on the fuel price in their area and their own actual miles driven. In addition, as an acknowledgement of the inconvenience this may cause, we will add an extra 15 percent to the reimbursement amount. Current owners will be able to refresh their debit card for as long as they own the vehicle.

  6. Anonymous says:

    I would also like to be included in the class action lawsuit. Just purchased a 2013 Kia Sorento near the end of July of this year, solely based on the MPG. I have kept every gas receipt since I bought the car to track MPG and it is nowhere near what they had on the sticker. I drive at least 80 miles/day which is all back roads and hwy with limited stops and have never been near the hwy miles published on the sticker.

  7. Anonymous says:

    I purchased a 2012 Kia optima hybrid because I drive over 80 miles to work everyday. I only had the car for 8 months and already have 20k miles on it. The “Estimator” said I will get $62.35 Wow. I also would like to be part of this Class Action Lawsuit. I think what we need to do is contact an attorney and provide him with the information of the current Class Action Lawsuit thats already in place “case is Sanders, et al. v. Hyundai Motor Company, et al, Case No. 12-cv-853, Ohio Southern District Court, Cincinnati.” Do not accept any money or gift cards untill you talk with someone…….

  8. Anonymous says:

    Purchased my Kia Soul in July ’12, just went to their “Estimator” to see what I would get back and they are claiming $42. That’s one tank of gas for a week!! That’s ridiculous! What about the rest of the years I own this car? Will they reimburse me for that?? I want to know about the lawsuit and how to get in on it! Can you help?

  9. Anonymous says:

    I have bought two cars from hyundia and would like to know how to become part of the class axction suit againest hyundia due to the fact they are not offering very to the people who were cheated with the false mpg.

  10. Anonymous says:

    I have purchased a 2012 Elantra and am very curious on how I would go about filing for a suit myself. Can anyone give me some info on how I would do that?

    1. Wayne King says:

      We have a 2011 Sonata and a 2013 Elantra. I drive the Sonata. My fiance drives the Elantra. The disappointment for me, with the Sonata, is that I have not been able to get the EPA highway estimated MPG as my overall average MPG. I have been able to do it on a number of other cars I’ve owned. On the Sonata I’ve never gotten lower than mid-26 on any tank of gas. I’ve averaged about 28.5 over 39,000 miles. And, I get up to 40 MPG on the highway. All of those are as good or better than claimed by Hyundai. I have driven quite a few different cars and have never got less than the window sticker claims. A lot is based on driving habits and conditions.

      The Elantra: I have borrowed the Elantra a number of times for my 50 mile(each way) commute to the office in LA. It’s about three miles of residential streets, seven miles of windy canyon road, and about 40 miles of freeway and PCH with about 10, or more, of those miles being stop and go. I never quite got to 40MPG on that 100 mile round trip. But, I always averaged at least 39.something. It’s easy to get near 45 MPG on the freeway if the traffic is moving along at a steady pace on relatively flat ground. My fiance consistently gets about 10 MPG less then I do driving the same car. I’m not a slow driver. I’m a smooth driver. She is what I call a gas pedal pumper, accelerates quickly from stops and brakes late rather than coasting when appropriate.

      Unless you’re driving in the mountains, in snow, in sand, on rough roads, in heavy traffic, or, some other adverse condition, or the car has tire, alignment, or other mechanical issues, I’d look to driving habits as the cause of less than advertised mileage.

      On a car I had from 2008 – 2010, I noticed that just running the AC cost about 5 mpg. But, it would meet the book numbers when the AC was running. It got 5 better when it was not. On this car I averaged, overall, 4 MPG better than the EPA highway estimate over the 30k miles I had the car. So, I ran it as little as tolerable – which in the coastal climate of So Cal, is most of the time, in my opinion.

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