Hyundai Class Action Filed Over Peeling Auto Paint

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!