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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 2016 HyundaiTucson AWD Sport Turbo with a DCT. I have asked many times about it hesitating and almost stalling when slowing down and starting off. i was told it was the way the DCT was suppose to work, I bought my car new and I am worried about any repair bills I may have in the future, I bought this to be my forever carand I live on a fixed income.
I too have experienced stalling and accelerating issues in my 2016 Hyundai veloster turbo. Is there any way to get it fixed zdx???
2017 Tuscan experiencing the stalling and bucking at low speed, stalls when shifting as well, Dealership says the same thing every time i take it in for potential transmission service , “there is nothing wrong with it” well obviously there is a huge problem that needs corrected immediately. I will provide any info needed to assist with this lawsuit.
We took the “NEW” vehicle back to the dealer early on and they told us they did not find anything wrong. That happened multiple times. After some online research I was able to bring this issue (DCT defect) up to corporate executives after another serious incident. I talked to a representative on the phone and they scheduled someone to go to the dealer and test drive my Tucson. They drove it a whopping 7 miles and said there was nothing wrong. Since then, we leave a substantial distance when entering traffic. This is causing vehicles behind our Tuscon to become upset and some use their horns – trying to get us to move. I just received a document in the mail of a proposed class action settlement. At this point all of what we have experienced and will continue to experience plus the drop in the vehicle’s value now that the defect is recognized that has NO fix – drops the Tucson’s value – all of this is worth $450. NO WAY! These vehicles should be taken off the road before someone gets hurt or someone gets so upset about not moving, they start a fight or worse, pull a gun!
Am I automatically in this class action? I do have some concerns after reading this because my car does sometimes hesitate after stopping at a STOP sign or red light. I have not have my vehicle checked for any transmission inspections! What should I do to make sure my vehicle is safe?!
Same here 2016 Tuson , bought brand new and had sane priblems with stalling just to be told nothing was wrong. Then on the 3rd time taking to dealership , we was told they had to do an upgrade on trans computer!
I’ve complained about this issue since we bought the car new. Only to be told “you need to learn how to drive it”
That’s what I was told also!! I was so mad
I have had he exact problems since I purchased it. My Tuscon is extremely dangerous. I have been in several circumstances where my family and I have been almost killed because the vehicle will either stall or the rpm’s will bottom out. You can put your foot all the way to the floor and it won’t move. I have said for two years now that Hyundai absolutely knew what was going on and have instructed all dealers to plug in a phony program that does nothing for your car only to avoid a huge lawsuit.
I’m totally shocked that no one has been seriously injured or killed. Other than the obvious issue, it always hesitates and bucks when in stop and go traffic. It is not a normal automatic transmission. It is not how they are supposed to work Hyundai. This was always their comeback when I took it in. WAKE UP Hyundai. You knew there was a huge problem with them. You need to make amends to the loyal people who have purchased your vehicles for years. My family have purchased or leased about ten of your vehicles over the years and I can tell you there will be no more in my drive. It’s a shame one bad apple will ruin it because I am a believer that you do have good vehicles but unfortunately, I won’t be buying another. I’m totally in for any information to help a case against them.
I have put in complaints about the DCT and have expressed my concerns and findings verbatim to those mentioned in this suit. Hyundai USA Consumer Affairs, refused to acknowledge my persistent complaint. I have almost caused two accidents from my 2016 Tuscon stalling. Which caused other drivers to have to react in order to save all parties involved from injury or death.
What’s the status of the suit, I’m part of it?