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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
We are going through the same thing
Paint peeling and bubbling up all over our 2013 Hyundai Santa Fe
The suv looks horrible and no one will do anything about it
On July 31, 2023, I picked up my 2016 Pearl White Hyundai Sonota that had been in the body shop for the past 4 weeks due to an automobile accident on June 29, 2023. I was shocked to see the peeling paint on the roof of my car. It was not like that when the car left my house. When I spoke to the Representative handling my car repairs, he informed me about the existing issue and suggested that I contact Hyundai Corporation for some resloution. Only now that I have called the local Dealership, they are acting like they don’t know what I am talking about. This is my first time hearing about this problem. I have been researching online and see that this has been a major matter of concern for a while.. As of today, I now have 101,036 miles on my car. I am very dissappointed that no one said anything about this when I purchased my slightly used car in July 2017. But I do recall, that the Salesman at that time, told me to check my car out and if I saw any nicks or areas that looked like missing paint, primarily inside of the doors or bumper, etc., just bring the car back in, and they would touch up and take care of it. That did occur, and they fiixed those little small areas. But no one ever said anything about this larger, more widespead problem. Unfortunately, I am now a 67 year old widow, living on a very limited income. I cannot afford to pay for this out of pocket, and my car now looks very bad. Otherwise, I have been very happy with the car’s performance and the local service center. Now that I know about this Class Action Lawsuit, I would like to find out how I may join in and get my car repainted and warranted with Hyundai. If the Class Action Case is closed for my car, what other recourse do I have? I would appreciate your immediate response.
My 2017 Elantra has the peeling paint issue. It is silver, not white. I live in South Carolina. What about me?
Have 2016 Hyundai Sonata. Today I see a high patch of my white paint has peeled off the car.
I purchased a 2016 Hyundai Elantra in 2018 after my husband passed away, it had around 16,000 at the time of purchase.
It’s now 2023 and has about 26,000 miles.
I’m 69 yrs old. A few months ago…I noticed the trunk paint peeling…it was small…kept getting bigger…now the roof is got a very large peeling…
I’m at a loss. I just paid the car off before this started…was so happy,being on a fixed income.
2015 Hyundai sonata white pearl is peeling off the hood and roof….so disappointed.
I have not recieved any information about a class action suit.
I have a 2017 Sonata color white.
A few years ago the paint from the hood began pealing. The dealer took care of getting it repainted. The following year, the roof began pealing. The dealer took care of it aswell however, did not cover the car rental.
This year, I am noticing that at certain areas around the car, there are tiny pealing spots that will eventually continue to peal as time goes by.
It is my wish to have the whole car repainted with the proper paint so that this will not become a neverending problem.
Clearly, my car’s white paint is defective and I am not a happy customer.
My 2017 sonata white has peeling paint on roof and hood . Is there anything that can be done to have them pay to repaint?
I have a 2018 Hyundai Sonata and I wish i can get compensated for paying extra for the pearl white coating because my paint is peeling and because it’s after the warranty expire, I can’t be compensated. I’m now looking to get my car painted over. I look at other white cars from different makers and I don’t see the peeling, it’s only white hyundai
I have a 2016 Elantra that the paint is peeling on it. Is the lawsuit settled? Is there anywhere else to complain. I never got anything on a recall or a class action.
In May 2023 Canada started a class action lawsuit against Hyundia for this paint peeling issue.
Who is starting a class action lawsuit here in the USA?
I flipped cars in my collage days where most of them needed paint jobs.
It is apparent to me that they are not sanding the primer, so the color coat is peeling away and not bonding to the primer paint properly.