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Just 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
I JUST bought my car a month ago. I have nearly 3,000 miles on it and nearly ALL highway. Im getting 25 per gallon.
I bought a 2011 Kia Soul, stripped down economy model, based on promised mpg. Does this car get this great mpg? NO. And it’s not listed on the class action suit compensation list. I wish I had purchased the Scion at the same price.
I purchased my 2012 Soul last April and the best I have gotten out of it so far is 26 MPG Hwy. I traded in my ’05 Jeep that only had 65000 miles on it because I wanted better gas mileage as my daughter live 111 miles away. Well the jokes on me. I’m not getting any better gas mileage than I did in my Jeep and it had a V6. I feel like I’ve been taken advantage of and I wish I could just get my Jeep back. Not gonna happen but as far as I’m concerned, Kia/Hyundai should have a buy back program instead of the reimbursement that they are offering. It nowhere near covers what I am and will be out of pocket. Not to mention the major drop in re-sale value. Funny thing is, I had to take it in to have my tire aired up only 4 months after I purchased it and complained about the MPG then. I was told that I wouldn’t get the stated MPG until it had been broke in (10,000 miles, they said) I’m so unhappy.
I want to join the class action suit as well. All I get now is the run around trying to do the rebate. I bought the Kia Soul 2012 and have had more problem. for the money they give me back cost me the same to get to the dealership. It is not worth it. They should just pay my car off for me and let me done with this.
I made my purchase of 2012 elantra based on mileage.I feel riped off.I researched cars based on advertisement by hyundai.I feel amount offered to buyers is not enough.I am so sick of big corporate companies once again taking advantage of public.
I feel everyone’s pain. I bought a 2013 Sorento. I paid extra for the GDI engine which was advertised to get 32 mpg hwy. Now its been reduced to 30 and I’d be thrilled to get that. I get 14 mpg city and 25 hwy. Dealing with Kia consumer affairs is a waste of time. I hear every excuse under the sun. Funny I never I had this problem with the 4 Honda’s I drove prior to taking a chance on this car. Wish I had my Honda back!
just adding my two cents. All of these claims have merit and these Korean car makers are trying to skate and the EPA let them off. The judges of this class action suit should make serious example of these folks ; the damage is just to great. The mileage was a key factor in every ones purchase of these vehicles and there is no getting around that one . Major fraud is the only word for this and should be punished severely and the buyers made whole.
2013 Kia Sorento-advertised 37mpg! I get 17mpg!! 17mpg!!! Are you kidding me??? Not even half he advertised priced??? I don’t care about a rebate!!! I want out of my 3 year lease!!! F Kia!!!
Okay, I bought a 2011 Kia Sorento solely for the good fuel efficiency for a cross-over type of vehicle. I did my research, waited to find the right slightly used car at the right price and thought a lot about my purchase before I made it. But now I realize that I’ve been LIED to — my car is only getting @ 18 mpg around town (I do live in the Blue Ridge mountains) but we even took it on a road trip to the beach and drove 7 hours each way on flat roads and it only got @ 25 mpg, which is nowhere near the 32 it stated it would get. I feel that I’ve been ripped off. Further, as I understand it, my model is not even part of the class action law suit for some reason? What can I do? Where do I go for retribution? I’m very disappointed in this car… and very disappointed in Kia.
Wow, this amazes me to see all the Kia Optima owners who are not getting the stated milage. I bought my 2009 KIA Optima New, in 2009 of course and it stated it would get 22 City 32 MPG on the highway. It has every option they offered for the year. Including Electronic Stability Control.
I have gotten 34 to 34.5 consistently on the highway.
Now this may be due to not driving on the freeway. I have not taken any long freeway trips with it to date. I live 70 miles out of town and the speed limit into town is 55 MPH on our rural Oregon highways. There is only one stop sign going in and one coming back. So real steady speeds. I set the cruse control most often @ 59 MPH.
I also take great care to keep the tire pressures right on. I have a one mile gravel road into the house which takes a toll on tire air pressure. So I check them at least weekly to be 32 PSI.
I also have the better gas milage and powered 2.4 Lit 4 cyl. which outperform the 2.7 Lit 6 cyl. that was offered. I wonder how many problem vehicles are the 6 Cyl. versions?
Before I bought my car, I checked it with Consumers Reports. They tested and reported the 6 Cyl. was a disappointment in the power department and poorer milage!
Two Observations;
1, my vehicle is not part of the suit perhaps because they were more prudent and estimated a lower, (22 City / 32 Hwy.) although I personally get higher! I am not sure everyone drives as I do, or is so careful of tire pressure. Unlikely in fact!
* Interesting fact however, Comparing the same engine and transmission / features in my 2009 in the 2011 Kia Optima the estimates actually shows higher estimated gas milage of City 24 / Hwy. 34 in the 2011.
2, At least part of the Kia Optima’s has to have the ‘2.7 L -V6′ which had a reported lower gas milage than advertised. * Noted by Consumers Reports in 2009, if my memory serves me well.
The window sticker for the V6 only stated 20 City vs. 28 Highway. So some problems are due to this I suspect.
I really understand tire pressure issues and how it affects milage. I know, because my other vehicle is a Chevy Suburban and it really shows if you neglect them with that one! The difference from 13 MPG and 16 MPG Highway with the Suburban.
I am also surprised that they are slamming some cars for just 1 MPG short of the estimate, everyone drives differently. At times I have gotten as high as 35 MPG on the onboard computer and it checked out at the pump as well. That was not typical however. The right weather and no one else in the car (Less weight) may have contributed to that. I would think to be within 1 mile of your claim should be a reasonable error. That is 88 gallons per 100,000 miles however. Not so trivial from that perspective I guess.
Hybrids really need to meet or exceed their claims no exception for any maker.
I hope they make those who were wronged right, and good luck to you all. Nevertheless, it is not across all years or models from my results.