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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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913 thoughts onHyundai Class Action Filed Over Peeling Auto Paint
I bought a 2009 Hyundai Santa Fe and August 2015 . Saint is peeling off the roof around the window and luggage rack . Is there a case still open on this ? And where can I get help for this .
I also have a vehicle that has peeling and bubbling. I have a 2015 Hyundai sonata with 43 thousand miles. Two yrs ago they repainted my roof but now refuse to do anything. Is there anything I can do?
I have a 2011 Hyundai clear coat and paint started peeling in 2012 on hood, door handles, rear bumper, and front bumper. Where can I get help thanks
I want to sue those dirty bastards for all that is legally possible. How dare they take advantage of my trust. Charged me $22,500 for a used 2012 sonata. Don’t ever do business with anything that says Hyundai, ever.
I have a 2011 hyundai elantra and the paint is peeling off the roof. And it gets worse every week I drive on the highway..Now it’s a big patch of paint missing…
I am also having issues with a 2009 Santa Fe with peeling paint. Looks terrible. Also interested in joining the class action lawsuit.
Is this case still open, I have a 2009 Santa Fe with the peeling issue.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
2005 Hyundai Elantra – the clear coat has peeled off in large sections on the hood, top and trunk of car – it looks horrible – i have two other cars just as old Honda and Kia and no issues with those paint jobs.
My 2010 Santa Fe is peeling badly, hood and roof. Would like info on joining the class action suit. Anne O. michigan
My 2009 Hyundai Santa Fe began peeling about three weeks ago, and is progressing fast! How do I join the lawsuit?
THE PAINT ON MY 2009 HYUNDAI Santa Fe BEGAN PEELING OFF IN JULY THIS YEAR four spots all happened the same day the larger ones are 5-6 inches long and an inch wide.
Can I still be a part of the law suit?