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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
Purchased a white, 2015 Hyundai Sonata Limited December 2022. My car was perfectly fine. Within the past 2 weeks chunks of paint have flown off of my hood and trunk.
I have a 2013 Santa fe pearl white that is now beginning to rust. All the safety issues they took care of but the paint they refuse to fix but they know it a problem that was caused at manufacturing. What can be done?
Paint peeling on 2016 sonata
I have a 2016 Elantra too… pearl white and the paint is just peeling off… what can be done? surely this is not our fault! Ideas anyone?
I have a 2016 Hyundai sonata white in color with peeling paint on hood, bumper trunk and around the back glass. How do I get into this recall lawsuit?
I have been battling with Hyundai for over 2 years for paint peeling/flaking on my 2018 Sonata (White). The roof, around rear window pillars as well as a bit of crinkling on the roof. The whole roof needs to be stripped and repainted but Hyundai said it will only repaint the bare spots which is about 20% of the roof and pillar. But if I am willing to pay $1000.00 they will add $850.00 and repaint it. This was under warranty when I first filed a claim with them. Then Hyundai extended the warranty for another year and still nothing has been done. I have 22k miles on this car and it is like new. I went to turn it in for another car both Hyundai and others and they knocked $6000.00 off the trade in value. I have purchased 3 Hyundai’s over the years and I will never ever buy another one again. The dealership has been no help, all they wan’t to do is sell me another piece of crap. The dealer is rte44 Hyundai in Raynham, MA.
My 2016 Hyundai Sonata Purcased in South Dakota has large patch of paint peeling off on the top of the car. Pearl White had to spray paint the top of the car to keep it from speading. Took it to the dealership where I bought it they could care less. Add me to the class action.
Purchased our 2015 Sonata in April 2019 and today my husband noticed a big patch of paint had peeled off of the hood by the windshield. It looks terrible! We hope Hyundai does the right thing and repaints for free.
I just bought my 2016 Hyundai Sonata and the paint started peeling soon after. How can I join the class action lawsuit?
2016 Sonata white paint peeling on roof and a few other places. We see so May sonatas with paint peeling off in the parking lots wherever we go shopping. We just point and laugh. But it’s horrible and they should do the right thing and recall them and repaint them for free! It’s not the consumer’s fault!