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. Rebecca Corra-Gordon says:

    I bought the 2010 Kia Soul based on the advertised mpg of 28 combined. I have never been able to get more than 24. How do I join the class action suit? Or is it only for 2011 and 2012 years?

  2. Christopher says:

    Same here, Purchased a 2013 Kia Sorento with SDI package.

    Went with this vehicle solely for the high MPG stated, my other choice was the Chevy Equinox. But ended up going with the KIA because it had same MPG and was slightly cheaper..

    This overstated MPG tricked me into buying their car!

  3. Debbie says:

    I traded in a Honda Element that averaged 22mpg on trips for a 2012 Kia Soul thinking I would save money with the better mpg because I was commuting on highway. The best I have gotten on the Kia with or without the ECO button is 24mpg. I should have kept the Honda. I want in on this lawsuit.

  4. Gary says:

    Purchased 2012 Sportage sx ,$30k car. Like the car but seems mpg gets worse more we drive it. Kept our pont. gp bought new in 99. Gets better mpg than the sportage. Hope this doesnt drive sales down and Kia goes out. That would be a nightmare.

  5. Karen says:

    I bought a 2011 Kia Soul brand new off the lot strictly for the gas mileage and the convenience of the hatchback. I have NEVER gotten over 28 mpg on the highway regardless if I drive 55 or 75 mph. I definately want the compensation owed to me for the extra gas money I’ve spend in the past 2 years and for the false acusation of the gas mileage claim that persuaded me to decide to buy a Soul. Kia should pay for the false advertising they did in order to sell so many Kia vehicles on false information.

  6. Margaret says:

    I am a GM Retire…I bought the Elantra for the Gas Milege First…. it beat the chevrolet cruz that my coworker bought and now he’s laughing at me. I compared the two very close just got out of a GM truck so for me it was all about the GAS milege I feel violated and its not fair…who wants to be bothered with going back and forth geting bits of change loaded on a gift card because of what they did,,,,we should have choices….just pay me a limp sum and be done….I wasted my money and now they want me to waste my time…Not Fair

  7. Tallahassee, Florida says:

    I offered to give back my kia soul 2013 a few weeks after I purchased it and I was told for 3000.00 More I can get into a different Kia. Now why not just take the car back I was not concerned with a Lawsuit I just want a car that gets me the mpg that was stated. Now I am upset and angry due to the Money that I spend Daily Traveling 120 Miles one way to work . This is very sad.. I wish I could just give this car back and move on to a different vehicle
    but that won’t happen I called Hyundai and they took a message and No -One called , ( I already knew that was going to happen) O’l Well I guess I will get with an attorney to see what options I have at this point, Lawsuits take years to settle I need to get to work Now not next year. This Company need to get it together and fast….

  8. LINDA says:

    I purchased my kia soul in june. with apromise of 38 40mpg . people accountable. guess what. what a big fat lie. brand new kia i want compensation for this.we have got to hold these people accountable for the lies.

  9. Kenneth says:

    I traded in my 2007 Honda Odyssey and leased a 2012 Kia Sorrento, boy did I get screwed twice over. Lost the roominess and similar in gas mileage. My Odyssey had leather and almost everything else including a n extended warranty. I felt like I was going to get almost 10 more miles to the gallon on the highway. I drive almost 15,000-18,000 a year. So far it doesn’t matter if I drive 60 mph or 85 mph, I still get around 22-23 mpg on the Hwy and 16-19 City. So how is $87 reimbursement going to help me get my roominess and reimburse me when I have the option to purchase the vehicle. Wow! Royally Screwed!

  10. Anonymous says:

    We bought a new 2011 Kia soul due to the mileage stated and I am not even close to getting that mileage ( Around 6 to 8 miles short ) How do I get in on this law suit

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