Ashley Milano  |  November 25, 2016

Category: Consumer News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

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.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

156 thoughts onHyundai Class Action Says DCT Transmissions Are Defective

  1. Ellebeth says:

    My 2016 Hyundai Veloster Turbo is at the Dealership in Palmdale Hyundai, and I was told It has a DCT failure and would need a whole new transmission! I can’t believe it, I mean is my car even worth the $7,000 dollars that they are asking, and how long will this last me. I just paid it off a few months ago. I guess that’s what happens with these cars. You live you learn I guess.

    1. Glory says:

      Same here, 10,000.00 bill that Hyundai refuses to pay for.

  2. Connie Kramer says:

    Same .. this is bullshit

  3. Patricia says:

    I have a 2012 Veloster standard but it does the same thing. Unresponsive transmission, gate shift actuator must bee replaced and Hyundai does not want to do it.

  4. Joan Eastman says:

    Has this lawsuit been heard in court as yet? I have a 2017 Hyundai Tucson Ltd. which has
    exhibited the very same issues w/ the transmission from the start. I bought it new, & was never
    told about the TCM. It has been back to the dealer for these issues 5 times, & the end result from the service advisor is always, “that’s the way the transmission is supposed to work!” Hyundai has denied
    the whole problem, except that they no longer install that transmission on their cars! To say that I’m frustrated is a total UNDERSTATEMENT!!!

    1. Dianne says:

      Have you found out if this is open for more people to join in the lawsuit? I have the issue with my 2018 Tucson and told it is fine and it is normal. Not true. I was told from company repa that there is no known issue for this. We also know this is false. They keep using a known problem transmission in them. I am treated like a crazy woman making something out of nothing. Never would have purchased my car if I had this information.

    2. lisa V says:

      Does anyone know if this lawsuit is still accepting plaintiffs? I have a 2016 Veloster Turbo that has also almost gotten me killed by not responding to the throttle. 5 mph on a busy highway. and also—
      sometimes it Acts like the pedal is dead, then bam— kicks in and gives me instant whiplash.

  5. Knox says:

    2016 veloster turbo.This transmission has almost gotten me killed already. Once merging onto a highway from a stop sign. Plenty of time, until the transmission stops responding and im coasting at 20km/hr with a transport now barreling down on me at 120km/h. The second time was in the winter. I had all the traction control disabled, because its hazardous to use in a canadian winter. I hit a small patch of slush on the highway. No big deal…until the transmission decides it wants to switch gears now then gets confused and wont engage anything. Now with no throttle control whatsoever i lose control into a spinout with a pickup coming up behind me and a transport coming head on. Im only alive because they were both paying attention. This car is a death trap!!!

    1. Monica silva says:

      I have a 2017 veloster that does the same , only had the car for two years and the Catalyst converter has been replaced twice ..

    2. KERRI PHILLIPS says:

      Hi I have a 2012 veloster nd it is doing g the same as everyone is complaining about. I have contacted Hyundai Canada few times nd they wont do anything.
      Any suggestions?

  6. John Hardy says:

    2012 Veloster I bought 6 years ago and have put a total of 8K on it. now the manual transmission will not go into gear. This problem started on the highway in rush hour traffic and I nearly got hit twice and eventually had to pull over to the side of the road. The stupid car was stuck in 6th gear!!

    I was able to get it home but once I parked it, it would not go into reverse or any other gear. How can I get in on this lawsuit?

    BTW it is only 6K over the warranty!

  7. Taisha says:

    Is anyone else experiencing this? I’m experiencing this on my 2015 veloster. I’ve had to reset my TCM multiple times as well as changed the fuel pumps, tried to fix an “engine vacuum leak”, ignition coils, spark plugs, and now my car is in the shop due to the current recall on engines but they’re telling me my issues have nothing to do with the recall and are recommending a fuel injector cleaning.

    Is anyone else have acceleration issues where your car won’t go over 40mph but high rpms? I’m tired of spending money on repairs that don’t do anything. Can we do something about it? I researched this suit and it seems like they won. If you’re having the issue as well please email me at taishap93@gmail.com. Maybe we can get another suit going or something.

    1. Jamie Rau says:

      Yes mine does all that in fact mine has started to shake when you’re in traffic at a stop I have to put the car in neutral it gets that bad.

  8. Vickie D. King says:

    My 2016 Hyundai Veloster Turbo is at the dealership right now because the DCT failed.
    This is a vehicle I bought new in 2017.
    No warning or indication that there was a pending problem.
    It bucked hard as I was proceeding forward from a stop sign.
    Manual-mode stopped working.
    The Check Engine light came on. I was able to ease the car home using Auto-mode.
    After an hour, I started car and the Check Engine light had cleared and Manual-mode was back.
    Took car to dealership and was told car needs a new transmission.
    Fine, but is the new transmission the same as the defective ones in these cars now? How is this safe?
    I keep thinking what if this had happened while merging onto the interstate? Or anywhere into traffic?

  9. Eleanor Mislawchuk says:

    I have had the same issues with my 2016 Hyundai Tucson 1.6 litre turbo AWD not accelerating out of a stop ….especially scary when making a turn across traffic. We live in Canada and the dealership continues to tell us, we just don’t know how to drive it. Very frustrating. Is there anything being done for Canadian owners.

    Thank u

  10. Ryan Gennette says:

    My 2017 hyundai veloster turbo is stuck in my parking spot with this same problem! I told the dealership they said there way to busey now. and cant drive it. the transmission has always felt funny and now it gave shut down at 40k miles. I would like to add my car to the law suite

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.