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. Garath says:

    I bought a 2013 KIA RIO that falsely advertised 40mpg on the expressway . I purchased the car for that reason ,only to find ought it was getting only 30mpg . I took it back to the dealer who insisted the computer needed re programming . Exactly five months after purchase I received a recall stating that KIA intentionally mislead or deceived their customers and was giving a rebate for the gas at three percent of the mileage they issued a credit card that does not even work for any thing . How do join or file a lawsuit for there bad faith practice of false misleading sales that led to this purchase. Or does one file a Lemon Law complaint with there State.

    1. Sam says:

      I have a 2012 Kia Rio. It was claimed to get 47 mpg. It also had no jack or spare, just a silly pump. Ironically, these were omitted for less weight to get better mileage. My Rio is a nice car, but the best I ever got was 41mpg. That is only if I drive it 55. If you go faster than that you my get 35. I am pissed I bought a new car that didn’t have a jack or a spare and I wasn’t told. But this only goes to figure, right?

  2. gaylon beyersdorfer says:

    How do I join in a lawsuit against Kia?

  3. Jonathon says:

    The Kia site is saying that i would have needed to purchase or leased my vehical on or before november, 2. 2012 or you would not get rembursed. I know for a fact that my car had the wrong sticker on it. When i was buying the car the sales person said that another car company was claiming that the kias did not get the gas milage that kia claimed and that kia was changing the stickers to satisfy them. Tham mine had not yet been changed. And i remember the sticker saying 35mpg hwy/ 30mpg in town 27 comb. The kia site said it gets 30hwy/ and 27town with 25 comb. What can i do. I am sure they have that sticker in my file somewher.

  4. Jonathon says:

    I bought my 2013 Kia Soul because of the stated gas milage it was said to receive. I drive around 80 miles round trip to and from work every day. Not only do the Soul not get the gas milage stated but the Avg mpg gauge is not accurate.

  5. Charlie says:

    Help!!!!! I just leased a Kia Optima Hybrid 3 weeks ago and I know I got beat!! They claim 36 mpg & 39 mpg on the highway. I drive nothing but highway and average about 27 mpg. This was the main reason I leased this car. I had a 2004 Jeep Grand Cherokee Laredo with problems and a check engine light that was permanently on, and I still got 20 mpg hwy!! Also a 10x better sound system!! I brought the Kia back to the dealer 2x in 2 weeks , because the car pulls to the left, especially on the hwy. They told me they gave it a wheel alignment the first time, went back one week later they said, the car is perfect and nothing is wrong with it!!! (car has 1000 miles on it as of today 1/29/13). I hate this car more and more everyday!! It serves me no purpose!! I don’t want it and want to give it back ASAP!!! What can I do?? I’ve complained to the dealer/salesman for last two weeks, they said, wait till your Registration comes in and we can work something out. Also, that I will loose money!! I was stupid enough to put money down to lessen the monthly payments. I now have the Registration and started calling. What else can I do?? I don’t wanna loose more money, and I DONT WANT THIS CAR!!!! PLEASE HELP!!!!!!!!

  6. Janie says:

    I am so upset!!! I purchased my car solely because of the expected gas mileage only to find that I have been “ripped off”! I wished that I had never purchased this car….will they take it back and give me my down payment back???? They are so very dishonest AND I thought that I had really done my research and was getting good gas mileage….WRONG!

  7. Linda J Bouchard says:

    I bought a 2012 Kia Optima. The manufacturer claimed it is supposed to get 25mpg city and 35 mpg highway. I was averaging 19 mpg city and 28 mpg highway. Then I discovered Kia does not include a spare tire kit in their vehicles which I ended up paying another $200.00 for. Since having the spare tire put in the vehiclem my vehicle is averaging only 26mpg highway, I am assuming that is due to the extra weight in the vehicle. Please keep me informed of any class action suit.

  8. Jim says:

    My 2012 Hyundai Elantra gets absolutely deplorable gas mileage. I am getting less than 30 MPG on the highway at 55 MPH and using cruise control. I will be part of this class action suit one way or another.

  9. constance Brown says:

    I have a 2009 Kia Sportage I bought it brand new with less than 20 miles on it. I complained about the gas milage after the first week of buying the SUV. I was told that the car had to adjust and then it would stabilize. Since i continually complained to Vandervere Kia they replaced the gas regulater but that did not help. I called Kia motors twice but I didnt get any results. in 2012, I went back to Vandervere Kia and asked for a replacement vihical, they tried to sell me another kia for twice as much as I paid for the one I have. Not only does the Kia Sportage start noticabley running out of gas before you leave the pump; it also is a dangerous car to attempt to quickly move into rush hour trafic with. I want to know how to become a part of the class action lawsuite

  10. Angyle says:

    I HAVE A 2008 kia optima can it be included in the class action suit

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