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 Hyundai Veloster Turbo with stalling issues. The crazy part was when I first test drove it before purchasing the car the dealer stated that it was normal for the turbo to stall. Now I’ve received a letter in the mail about a lawsuit or trade it. Does anyone have any information on this? Anyone already trade in, if so did you get some type of credit over the whole issue?
I bought a new 2016 Veloster after owning a standard shift 2013 Veloster. I loved this car, that’s why I bought my new one. When I first bought it I took it in for service and told the dealer that the car didn’t seem to shift properly. They said they’d check it and said that that’s the way the dual shift normally responded. I thought I was doing something wrong. I’m almost seventy and this was going to be my last car purchase.
Now I don’t know what to do.
I had a 2016 Tucson limited. I took it in 3 times for the Transmission issue and the dealer tried to say it was the way I was driving…Then I saw all the issues reported to the National Safety Board and I knew they lied to me. I was so scared to drive that car that I traded it in with only 3300 miles on another car. (Not a hyundai)…I a hoping to recoup some of the money I lost in the process.
I agree with you. I took my new car to the shop (2018 Tucson). they couldn’t duplicate it. The next day, it was jerking. I believe they lied.
I feel the same way, I have a 2107 Tucson Eco and right now I’m afraid to drive it. It jerks, hesitates, and feels like it’s just going to shut off or give you whiplash with the very rough of changing gears. Something really has to be done. This is getting to unsafe now!
Same thing. I’ve called and taken it in a few times shortly after I noticed the jerking. Everytime I would complain or say something I was told that it’s because I’m not pressing the petal hard enough when I’m driving. Or it’s just a different transmission that I have to learn and get use to. I just stopped going back cause they never wanted to help me. I also hate driving my car. So many times has it just stalled out when I’m trying to take off on a train.
I have a 2017 Tucson Eco also I’ve had it in the shop several times with these exact same problems. In fact it’s in the shop again. They can’t find anything wrong with it but I have almost been in several wrecks from pulling out of places and it doesn’t go. I push the gas pedal and nothing happens then it will finally jerk really hard and putters then it will go.
I lave a 2015 Tucson with the mentioned transmission. It has been taken to Hyundai dealers and “fixed” but the staking and reaction delays continue ti happen when accelerating. What can this lawsuit get got customers like myself who are dealing with this?
How can I get this fixed or have them buy the Tucson back. I knew there was something wrong with the vehicle. So what are my options?
Did you get the class action claim yet? If not you will you have three options to choose one of which is you can buy a new car but it has a lot of stipulations
Where can I get the claim form that needs to be filled out in order to receive benefits?
My car is a Veloster basic, but I noticed it stalls in a turn, I
literally had to pump my gas to get it going, and when I did it suddenly accelerated. Also, it won’t go, I have to pump the gas after a stop light or stop sign to get it to go. The other day while driving it suddenly accelerates in the middle of changing lanes.
Do I have a case too?
Is this why I can get a trade in?
I have experienced intermittent hesitation prior to the transmission engaging when accelerating from a stop. Being that it doesn’t always hesitate, I figured it was something I was doing incorrectly like not pressing the accelerator hard enough. I will definatley be speaking with my service department the next time I take my 2016 Tucson Eco Turbo in for service.
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.
Omg i have also had this issue and im so scared now my car will explode when driving it. It shudders and accelerates and slows down without me doing anything. Its really scary driving this car. And im a single mom of a 6 yr old. Im scared my car is going to explode. I have a 2017 hyundai tuscon sport