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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 am at a Hyundai dealership right now having the dual clutch replaced. The car is a 2016 Veloster & this is the second time I have had an issue with loss of power & rattling under the hood. The first time I brought it in, I had scheduled an oil change & asked about loss of power. It was so bad, the car had to be towed in to the dealership an hour away. They service department told me it just needed an oil change really badly. The mileage at that time was around 10,000. I would like to believe that replacing the dual clutch will fix everything, but I am very skeptical because I feel I have already been lied to about this issue. I so wish I had not bought a Hyundai!
Purchase 2018 Hy tuson 1.6 T no problem yet but many people who I know with same type of car experience problem with transmission. Any update for 2018 1.6 t tuson
I bought a Tucson GT Sport turbo four month ago. While driving in a traffic jam a message was pop up, it said your transmisson is getting hot, pull aside and turn off your car. How is this posible! I found out that DCT transmission are defective. Is there a recall open for this issue?
I bought a 2017 Sonata and when I needed to accelerate to get my car from getting hit by another when I press down on the gas all of a sudden my cars gas petal clocks and nothing happens and for a brand new vehicle the transmission delays shifting what’s up it’s bad enough the dealer ripped me off price gauges me and told me I was accepted for. Loan w my 10000 down payment when I wasn’t until days later
I have a 2016 veloster ,have complained to Hyundai and been told where not driving it correctly. Filled a complaint with bbb auto and Hyundai just lies about everything. These transmissions have a problem in the programming of the tcm and Hyundai has now clue how to fix it
How do get added to a class action suit?
We have a 2017 tuson Hyundai the acceleration stalls stops. We want to be added to the class action law suit. We were told by service tech Brent Hyundai in Bradenton fl. This is our problem with this car. We fear this will cause us harm.
I have the exact same problem with my 2017 Tucson SE AWD. The car loses power when the gas pedal is pressed, and then it lurches forward! Is there a way to joint the class action law suit?
Thank
I have the exact same problem as all of you with my 2017 Tucson Sport. I want to be a part of this case! It is so frustrating owning this vehicle, feeling lied to, and feeling unsafe when I drive. I will not recommend this car or Hyundai to anyone ever.
I have noticed my wife complains about take off in her 2017 Veloster hesitating and almost causing an accident. I drove the car into Salt Lake today for a Dr. appointment and yes it does hesitate and is dangerous. I was told nothing but that’s what the duel clutch Veloster do. I googled this and found out there is this major problem and a class action lawsuit. I an very upset and going back to the London Utah dealership tomorrow and want action to be taken.
2017 Tucson Sport 1.6t w/ DCT. Same problem as mentioned here in Florida. The new “Bandage Fix” Either reset the TCM Or just drive it in sports mode. Thats the last so called fix from Hyundai of Wesley Chapel and Hyundai Motors. But i wonder why the 2019 have a standard 6 speed automatic transmission. I informed them of the issue. and al they can say is that this issue was resolved in 2016 thought 2017 models have the DCT system.
I bought a 2017 Sonata and when I needed to accelerate to get my car from getting hit by another when I press down on the gas all of a sudden my cars gas petal clocks and nothing happens and for a brand new vehicle the transmission delays shifting what’s up it’s bad enough the dealer ripped me off price gauges me and told me I was accepted for. Loan w my 10000 down payment when I wasn’t until days later