Ashley Milano  |  November 25, 2016

Category: Consumer News

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Hyundai class action lawsuitA Nevada couple is suing Hyundai over an alleged transmission defect that causes the accelerator to become unresponsive in certain vehicles leading to spontaneously stalling.

Plaintiffs Nicholas and Shawna Wylie filed the complaint Tuesday seeking to represent a group of consumers who purchased or leased any Hyundai Veloster, Sonata or Elantra vehicle equipped with a 7-speed dual-clutch automatic transmission (DCT).

In October 2014, Hyundai premiered its 7-speed DCT, designed to “provide an improvement in fuel consumption and CO2 emission compared to a conventional six-gear automated transmission, while acceleration performance increases” and featuring two dry clutches that transfer engine power “independently into the odd and even gear train to always be ready to shift into the next gear.”

However, the Wylies, who own a Veloster Turbo, allege that Hyundai’s 7-speed DCT contains a design defect in the Transmission Control Module (TCM) that causes, among other problems, failure to shift, stalling, delayed acceleration, or loss of power.

The TCM is a small electronic component within the powertrain that processes data from various sensors throughout the engine in order to determine the optimal gear for shifting and fuel-economy.

“These conditions are hazardous because they severely affect the driver’s ability to control the vehicle during normal driving conditions and prevent drivers from accelerating to maintain safe speeds in traffic,” the Wylies contend.

“Class members (as well as members of the general public) remain subject to dangerous transmission malfunctions that can occur without warning,” they stated.

For example, the TCM defect may make it difficult for drivers to accelerate safely from traffic stops because Class Members’ vehicles hesitate, fail to shift gears, and stall when drivers try to accelerate from stops.

Since at least 2015, through consumer complaints and dealership repair orders, among other internal sources, Hyundai reportedly knew or should have known that the 7-speed DCT in these vehicles contains a design defect that impairs drivability and causes safety hazards, in part because the same concerns were expressed regarding the 2016-2017 Hyundai Tucson that is equipped with the same 7-speed DCT and TCM.

“Corporate officers, directors, or managers knew about the TCM defect but failed to disclose it. … Hyundai either refused to acknowledge [the problems’] existence or performed repairs that simply masked them,” the lawsuits says.

In fact, in August 2016, Hyundai issued a Technical Service Bulletin for Hyundai Tucson vehicles equipped with the 7- speed DCT and a limited recall in September 2016 for certain models of the same vehicles informing its dealers that a faulty “transmission clutch application logic can result in a delayed engagement when accelerating from a stop” or fail to accelerate at all “if the accelerator pedal is repeatedly cycled.”

According to the lawsuit, Hyundai dealers were instructed to reprogram the TCM in the affected vehicles. However, both the TSB and the recall were limited to the 2016 Tucson, despite owners complaining of similar issues in other Hyundai vehicles equipped with the same 7-speed DCT.

The Wylies claim that if they had known about these TCM defects when they purchased their Hyundai vehicle, they and other potential Class Members would not have purchased or leased the vehicles.

The Wylies are represented by Jordan Lurie, Tarek Zohdy, Cody Padgett and Karen Wallace of Capstone Law APC and Troy Isaacson, Norberto Cisneros and Barbara McDonald of Maddox Isaacson Cisneros LLP.

The Hyundai Defective Transmission Class Action Lawsuit is Wylie v. Hyundai, Case No. 8:16-cv-02102, in the U.S. District Court for the Central District of California.

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158 thoughts onHyundai Class Action Says DCT Transmissions Are Defective

  1. Brian Tubo says:

    We purchased a 2015 Hyundai Veloster in January 2018 from Car Maxx
    Henderson, Nevada. Please add my name to the list for this case.

  2. Dado says:

    Veloster 2012, issues described in the articles started happening the first month I got the car. The dealership never found a way to read the codes since the computer never registered the issue. In 2019 one dealership agreed to replace the fuel line, fuel pump and some sensors. It is June 2020 now and the issue started happening again. The car stalls and doesn’t rev above 3000 rpms. Gets pretty scary when it happens on highway. Goin to contact local dealership again and see what are my options with lemon law.

  3. Jason says:

    I am from South Africa and have the exact same experience with my 2016 Veloster. I’ve had it with 2 different dealerships and yet the problem persists.

  4. V. Kathie Brazinski says:

    My 2017 Tucson sport has had this problem from the beginning. (Delay going into gear when accelerating)
    It can be very dangerous when pulling into traffic. Everyone who drives it says “what’s wrong with your car”, except the dealer. The dealer says they can’t duplicate it. I can actually duplicate it myself now. I have given up telling the dealer about it. I would like to trade it in for a model that does not do this, because this vehicle can be scary at times. I have been very careful when in traffic. Luckily, I live in a rural area, but I do go to the city often enough that I have been uncomfortable driving.

    1. MARIAN R says:

      How do I join the lawsuit? I had the same problem with my 2018 Tucson limited 1.6t

      1. Deborah Gaston says:

        Is this law suit still pending. I am interested in Joining.

    2. April Silva says:

      I have the same problem and have been in an accident do to this. What do I do? Who do we contact. I was told by the dealership I just don’t know how to drive the car and that it needed a computer reset which they claimed to do. However the problem is continuing.

  5. John Dick says:

    I am patiently waiting for the money I have coming from Hyundai. I bought a 2020 Santa Fe to replace that lousy 2016 Tucson and only wish I had bought a Santa Fe to start with. The dealer tried to convince me that there was nothing wrong with my Tucson, even the factory reps tried to do that. WHAT A SHAM FROM A MANUFACTURER

    1. Robert says:

      I’m waiting for my $5000…have a 2017 Tucson eco 1.6 …stalls ands sluggish quick shifts into traffic

  6. L Mendez says:

    I would like to join the lawsuit, as I purchased a 2016 Tucson and it shutters at low speeds. I took to dealer and I was told this is normal.

    1. Fran Foley says:

      my 2016 Tucson Hyundai stop moving forward right in the middle of traffic when
      I was finally able to coast to the side of the road I tried it in reverse and it would go in reverse but not forward, dealership would nor honor warranty saying that the duel clutch is external from the transmission, I just bought the car from rick case a little over a year ago they never mention anything about the problems with the7 speed eco shift duel clutch transmission. now it’s costing me 3,000 to repair it with no guarantee how long before it brakes again. I hope that you can help me and others with this transmission problem. thank you

      1. Takara says:

        Yes, my in stalling in the middle of the intersections and not pulling forward when I press the gas

  7. Derrick Shock says:

    My 2018 Tucson has the exact same issue, launches you into traffic and then stalls, just waiting for you to get hit by oncoming traffic. Stalls from a dead stop and jumps like crazy. Love everything about this vehicle…except the transmission.

  8. Joe B. says:

    I, too, am experiencing these symptoms. Sometimes I can barely get up my driveway, which isn’t that steep. Even in reverse, while pushing the accelerator, my Tucson seems to not want to move, with engine reving, then after awhile, darting out into traffic which causes me to slam on the brake. I did go through a , so called, software update and the vehicle performed the same, it seemed like. I didn’t notice a change for better performance. I went back to the dealership and was also told that this was normal. This was my first ever DCT vehicle and I didn’t know what to expect as far as performance. I didn’t like it.

  9. Laura Kiesbye says:

    I’m so happy this has been brought to suit. I complained constantly about my 2017 Hyundai Tucson equipped with the DCT. I hated this cars performance. I almost got hit from behind and t-boned several times due to lack of acceleration. I was also told by the dealer it was normal and when my then 8 yr old son refused to drive with me because he said the car wasn’t safe, I knew it had to go! My child was smarter than Hyundai at just how unsafe the vehicle was. I lost a lot of money on my trade, but did go back to a Santa Fe (which I’ve had a 2013 and 2018) and loved both. I’m hoping to recoup some of my funds as a member of this class action suit. At the time I was a single mother and this trade hit me hard financially since my Tucson was only a year old and bought new, but my family and my life was worth the hit to stay safe. I had even reported this to the NTSB and tried to get hyundai to buy the car back under the lemon law with no luck.

  10. Mark Coburn says:

    2015 Hyundai Sonata Eco 1.6l with duel clutch 7 speed. 54,000 miles. I came to a stop and the car would only slip and not accelerate. I about got ran over, very scary! What was even more scary, called dealership where I purchased the car. They acted like I was their first one ever and gave me a service appointment 1 month away. This is my only transportation, so you can see why this is a big issue for me.
    Great customer service Hyundai, Round Rock Tx……not

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