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A 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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156 thoughts onHyundai Class Action Says DCT Transmissions Are Defective
Had to replace the transmission on my 2015 Hyundai Elantra, last one started slipping and then finally wouldn’t go into gear.
This happened to me last night I was driving on the freeway when suddenly my car just started revving with my foot on the accelerator I looked at my dash, and it was just flashing then my monitor popped up a message saying “protective mode engaged pull over when safe”
my letter to Hyundai- No repair!
Ongoing Car Safety Issue Case # 19858748
You replied on Wed 8/17/2022 4:34 PM
You replied on Wed 8/17/2022 4:34 PM
Susie Flanagan
Dear Diana,
In regard to this concern, My husband and I have been reaching out to Hyundai Case Management starting on June 11th between you and Josh as well as a letter to Mr. Munoz without resolution. This problem of backfiring started in April before my car reached 100,000 miles, but the dealership had no service availability, stating they were short staffed and closing another dealership in Easton, Pa . When they finally looked at the car, after we had two private mechanic’s attempts to repair it -costing a lot, Hyundai said they could not duplicate the problem?? The problem is still there, I assure you. On top of not repairing the car, the dealership charged an assessment fee without informing of this policy prior to appointment.
It appears unless we call you repeatedly , there is little to no response. My last call to you was on August 11th and you assured me you would be getting back to me with a resolution to repair the problem with an independent tech and a loaner car provided or reimbursed for via a 3rd party rental agency. I also asked to speak to a supervisor( given the long-standing complications of resolving this) and you assured me one would call back within 24 hours. That did not happen. I called again today and got voicemail.
We ( my husband and I ) have drafted a letter to the following in your executive office:
Jose Munoz, Brian Latouf, Dana White, Barry Ratzlaff and Jason Erb.
We have also reached out to the NHTSA Headquarters in Washington, DC and will cc them on the letter. We have also videoed the Sante Fe when it backfires to show evidence of the problem.
I will hold onto the letter for another day with the final hope that Hyundai will stand by the traditional customer service we have always had in the past, being a 4x Hyundai owning family. As my husband said in his last conversation with you, he no longer wants to purchase or promote Hyundai cars. I would like to show him that Hyundai can make this situation right.
Hope to hear from you today or tomorrow.
Sincerely,
Oh, this problem started well before then. I have a 2003 tiburon that this happened with on several occasions to where I had to stop driving it. It had less than 100k miles on it even. An they still had yet to fix this problem. I have read on numerous occasions where clients had come in with the same issue. As well as forums. So if they had it this far back why is or was it not fixed?
I have a 2011 Hyundai Sonata Hybrid. My son and his friends were driving and the car lost power on the freeway. 3 different Hyundai shops say that they can not even look at it until January of 2023. Had it towed to a offsite shop that told us it is the transmission. No warning at all. They said the car is well taken care of and find it odd. This same car caught on fire in 2020 and a “used ” engine, which is now being recalled as well was put into the car. It takes weeks to get Hyundai corporate to even call me back. Is there any help out there??
Yes, I am having the same issue, mine is a 2016 with only 56k on it.
Yes , can you join this class action ? My 2012 Hyundai Elantra with only 109,00 miles has started loosing power / ability to accelerate the other day . No check engine lights have came on to give me a code or reason why this is occurring. Also I have a ticking noise when it first starts.
My 2018 Elantra Sport DCT 7 speed blew up the other day with 108,000 miles. $7000+ I was quoted for a new transmission. This is bullshit! I’d like to join a class action.
2015 Veloster turbo it act like it’s in limp mode but it’s not not sure what to do about this problem I first thought it was a fuel pump problem but not sure the only code it has is p0193 fuel rail high pressure but it doesn’t want to accelerate you push it to full throttle it wants to go slower and if you pump it you can make it accelerate slowly but it not right and I don’t have money to throw at this car just want to sell it to vroom or carvonna does anyone have some ideas how to fix it please get back to me @ blacken.JH@gmail.com much appreciated godblessandgoodby
I purchased my daughter a 2016 Hyundai Veloster Base and it is down right now. The Hyundai dealership says the dual clutch needs to be replaced, and that it will be cheaper ($3,700) to just replace the whole transmission. I guess the transmissions/dual clutches are horrible in these vehicles. This is ridiculous. The car is just 5 years old.