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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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158 thoughts onHyundai Class Action Says DCT Transmissions Are Defective
I have a 2015 sonata same problems been to the dealer 5 times already started at 20,000 miles. How do I join?
I bought a new 2016 Tucson Eco with the 7 speed dual clutch transmission because they talked it up so much. Well I began to experience the stuttering and gear changing issues. I took it to the dealership 4 or 5 times and had the software update installed 3 times and it never fixed the issue. I complained enough that the dealership in Parkersburg WV brought in an engineer from Atlanta Georgia to check it out over a weekend. When I picked it up i was told it was”Operating within design Specifications”. I finally had enough and didn’t want my wife to drive it anymore and traded it in on a new Nissan Murano. I put $5000.00 down on that piece of crap. I think Hyundai owes me some of that back.
We leased a 2017 Tucson Sport with the same problem. We’ll see how long this car lasts prior to the lease expiring . . . in two years.
How do I join this lawsuit? I lease a 2017 Sonata turbo limited that was manufactured in 2016. less than 3,000 miles in, I needed a brand new transmission. I am now approaching 7,000 miles and am fearful that I am experiencing the same issues that initially led to the transmission being replaced. When i first brought my vehicle to the service department they could not replicate the problem and came up with zero codes. I was also told I must not know how to drive a dual-clutch transmission. Insulting to say the least. I realized at this point, unless I could prove I was having issues with my brand new vehicle, they weren’t going to be of any help. So…..after MANY more very fearful drives in this vehicle, I was able to capture the issue on video. I went back to the service department and showed them the video and they looked at me like deer in headlights. Their lack of concern and “service” had me so frustrated I broke down in tears. I told them this was unacceptable and I did not feel safe driving this vehicle. Only after making some noise did they take a closer look. Lo and behold a week after leaving the car with them I have a brand new transmission. (They also did not “do” loaner cars and it was a hassle to get them to pay for a rental…a rental I ended up paying $80 in taxes and fees for.) My boyfriend’s brother-in-law owns a highly reputable transmission business, and he stated if it was manufactured in 2016 the transmission is complete garbage. He said from his own hands on experience with similar circumstances, Hyundai is well aware of this issue and does not yet have a solution and are just keeping people in the dark. This is my third Sonata and I hate it. This and a nightmare experience with HMF and a deceitful dealer have left me feeling absolutely helpless in my situation (and with an atrocious credit score.) Even if this problem I am experiencing does not progress to the severity I had previously experienced, it is still unacceptable and unsafe. To be paying $420 a month for a vehicle I am not 100% happy with is NOT okay. I still have the video I took if anyone is interested in seeing it.
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I have a 2017 Elantra Sport DCT with under 4000 mi and I think I am having the same problem…..what can I do?
Vivo en Guatemala queda en Centro América. Justo tengo todos esos problemas y el concesionario ni me responde. Se que no puedo unirme a la demanda por el pais. Pero casi me mato el dia de hoy en una cuesta. Acelero de pronto y era vuelta pronuciada y se resbaló. Desde junio ando solicitado que me lo reparen. Es una Tucson 2018.
I have joined this lawsuit as I have a 2017 Elantra Eco. I did go to Hyundai motors USA and they also played me as if I did not know how to drive my car.
Same with me they claim its your driving right? Its not my car was fine the first 20,000 miles then it all went bad.
I am currently having the same exact issue. My 2017 Hyundai Tucson is setting at the service facility now for 3 days. It will remain there until at least Tuesday. Total of 6 days. I have started the process of writing and calling my complaints to Hyundai. I assume I will get the same feedback as others. Unfortunate for the buyer this vehicle comes with severe risks. From start up acceleration to the follow through. I feel as though by even driving it one more time I am endangering the health and safety of myself and others around me. Mine will set stationary until a resolution is met by Hyundai or the dealership.
How can I join this lawsuit..I had a 2016 Tucson that had this issue for months – and at first the dealer basically denied there was a problem – they said it was the way i drove the car…i had it in for service 4 times and i was so scared to drive it that i traded it in on another car (NOT A HYUNDAI) in less than 6 months.
I am currently having the exact same issue. Last Saturday I too called the dealership for the 4th time and they told me to contact Hyundai directly. I spoke with a manager who “escalated my case”. Today I was called by a guy in CA who had the audacity to ask me if I had ever been shown how to drive it by the dealership. Really?! I am 35 and think I know how to drive an automatic car by now.
My 2009 Santa Fe does that and I ended up running into a parked vehicle. My right side doors were damaged as a result of over acceleration from the self propelled gear shift..
I have a 2002 Hyundai Sonata have the same problems how can i be A PART OF THIS CLASS ACTION LAWSUIT