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A class action lawsuit filed on March 30 alleges that the “self-healing” paint used by automobile manufacturer Hyundai on some of its most popular vehicles is defective. The complaint claims that the “defect in the paint, which was present upon delivery, manifests itself over time, causes the paint to bubble, peel and flake off of the vehicle, and can lead to rusting and corrosion.”
The defective paint class action asserts that Hyundai vehicle models Santa Fe, Sonata, and Elantra from the years 2006 through 2016 all were sold with the prematurely peeling paint. The complaint states that Hyundai advertises its vehicles as having a “state-of-the-art paint” that includes “an elastic chemical compound called Scratch Recovery Clear to help scratches heal” and is “one of the highest quality paint jobs in the industry.”
However, the class action alleges that the self-healing “Scratch Recovery Clear” actually causes premature cracks and peeling in the paint. “Upon information and belief, since their inception, these self-healing paints and coatings have created concern that long-term exposure to ultraviolet light, through sun exposure for example, would cause the polymers to break down, creating a constant ‘molten’ state that would cause the paint to peel away from the vehicle,” according to the complaint.
In addition, the defective paint class action lawsuit asserts that Hyundai has known of this defect for years, but continues not to tell consumers about it and not provide any assistance to consumers if their vehicles are outside of the three-year warranty. According to the complaint, Nissan first used “self-healing” paint in 2005, but discontinued it because of peeling issues. The complaint also cites numerous consumer complaints from a handful of different websites that all experienced the same issues. Despite these complaints, the class action claims that “Hyundai continues to claim that the Class Vehicles have the highest quality paint job in the industry.”
All seven plaintiffs in the Hyundai defective paint class action claim that they’ve been affected by this defect, and pictures of the peeling paint on their Hyundai vehicles are included in the complaint. For example, plaintiff Michelle Resnick claims that “large sections” of paint came off the roof of her six-year-old Hyundai Santa Fe while driving on the highway, and the driver behind her “hit the brakes in order to put distance between the two cars.”
The Hyundai defective paint lawsuit seeks to represent a Class of “All consumers in the United States who are current owners of model year 2006 – 2016 Hyundai Santa Fe, Sonata and Elantra vehicles manufactured in the United States.” In the alternative, the complaint asks to certify separate state actions where the seven plaintiffs live: Maryland, Louisiana, Georgia, Texas, South Carolina, North Carolina, and Florida. The class action requests restitution and damages for the defective paint, as well as a court order stopping Hyundai from violating consumer protection laws.
The plaintiffs are represented by Richard D. McCune, David C. Wright, and Jae (Eddie) K. Kim of WcCuneWright LLP; John A. Yanchunis, Marcio W. Valladres, and Patrick A. Bathle, II, of Morgan & Morgan Complaex Litigation Group; Gregory F. Coleman and Lisa A. White of Greg Coleman Law PC; and Jean Sutton Martin of the Law Office of Jean Sutton Martin PLLC.
The Hyundai Defective Paint Class Action Lawsuit is Michelle Resnick, et al. v. Hyundai Motor America Inc., Case No. 8:16-cv-00593, in the U.S. District Court for the Central District of California.
UPDATE: The Hyundai Defective Paint Class Action Lawsuit was dismissed on April 13, 2017. The court did give the plaintiffs the option of filing an amended complaint. Please keep checking Top Class Actions for updates!
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911 thoughts onHyundai Class Action Filed Over Peeling Auto Paint
I own a 2010 Santa Fe ,white Pearlescent, and the paint is bubbling and peeling off the hood, in strips. How do I join the Hyundai class action law suite? I live in Iowa. Thank you.
Same thing here! Bubbling and peeling paint on a Pearlecent White 2008 Hyundai Santa Fe.
Hello all, I’m wondering how I find out about joining this. I have a 2010 sonata that started with paint chopping and now my entire car has either chipped paint or just paint stripped. My car was pearlescent white. I live in New York. Please let me know what o can do.
I too am interested! i have a 2011 hyundai sonata limited and the roof at the windshield is corroding and some spots in the trunk and now the back drivers side door. hyundai has already denied liability with their 3 yr warranty B.S. Please let me know. I am in Alabama. Thanks T. Wilkerson
It this action open to additional Plaintiffs? Is additional evidence needed in the form of images and estimates of repair by a Hyundai Dealership? How do I keep abreast of progress in the case?
I also have a 2010 Hyundai Elantra that has the same problem. The paint has bubbled up on the roof and a patch pealed off after going through a car wash. The Hyundai dealership in Muncie, Indiana said it was not covered under their warranty (which I have read) and then gave me an estimate for $500 to have the roof repainted. Anyone in a freshmen high school automotive class could tell you it is a failure of the primer. I can supply photos if needed.
June 14, 2016 – Can I still join the class action suit? I have a 2009 Sonata that has paint peeling on the driver and passenger side, both areas are approximately 8 inches by 12 inches.
is this closed or still open, i have a 2012 sonata
I was wondering the same. I have a 2009 Sante Fe that is pealing badly.
I just bought a 2016 Santa Fe and want to be kept informed.
2005 hyundria elantra