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A Hyundai Elantra owner has filed a class action lawsuit against the automaker, claiming Hyundai misleads consumers about the fuel economy of its Elantra model. The Plaintiff says his Elantra is only getting about 29 mpg on the highway – far below the “40 Mile Per Gallon Elantra” pitch advertised by Hyundai.
Plaintiff Louis Bird, with the help of Consumer Watchdog, accuses Hyundai of advertising that the Hyundai Elantra gets 40 mpg without a government-mandated disclosure that the estimate is for highway driving only and that other measures are much lower. Bird alleges in the Elantra class action lawsuit that he kept a mileage log since he bought his Elantra last year and that despite doing most of his driving on open highways, he barely gets 29 miles per gallon.
The Hyundai Elantra mpg class action lawsuit is the second of its type filed recently against an automaker, highlighting the aggressive use of mileage numbers by manufacturers to advertise their vehicles. Honda reached a $170 million class action lawsuit settlement earlier this year to resolve claims it falsely advertised the fuel economy of its popular Honda Civic Hybrid (See “Honda Civic Hybrid Class Action Settlement”).
“We are hoping that other car makers will take notice and realize that if you do it wrong, you will have to pay the price,” said Jamie Court, executive director of Santa Monica-based Consumer Watchdog, which jointly filed the Hyundai Elantra class action lawsuit.
Bird is seeking class-action status and unspecified damages for all California residents who bought or leased a 2011 and 2012 Hyundai Elantra. He is also asking the Court to stop Hyundai from using gas mileage numbers in its Elantra ads without government-mandated disclosures.
Hyundai defended the Elantra 40 mpg estimate by saying it was certified by the Environmental Protection Agency, which publishes fuel economy ratings for all vehicles sold in the U.S. Critics, however, have long noted flaws with the EPA tests, which don’t mimic real-world driving conditions. Even the EPA on its own website notes that its ratings should be used to compare vehicles rather than predict what type of fuel economy an individual driver might get.
Analysts say the outcome of the Hyundai Elantra fuel economy class action lawsuit could affect automaker advertising and future litigation.
UPDATE 1: Hyundai and Kia reached a $400 million class action lawsuit settlement in February 2013, which was announced in December 2013.
UPDATE 2: A group of breakaway Class Members filed an objection to the proposed Hyundai Kia class action lawsuit settlement, calling it “unreasonable” and “unfair” to consumers.
UPDATE 3: A settlement has been reached in a class action lawsuit alleging Hyundai Motor America and Hyundai Motor Company misrepresented the fuel economy of certain Hyundai vehicles. Consumers who purchased or leased certain Hyundai vehicles could be eligible for a cash payment or other benefits. Learn more at the Hyundai Fuel Economy Settlement.
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42 thoughts onHyundai Elantra 40 MPG Ads Are False, Class Action Lawsuit Says
Like some others, I not as upset about the mileage as I am about feeling screwed. I owned a 2003 Sonata that made me feel they made a quality product, and the 2011 Elantra was priced at $18,400 on their web site, along with the $1000 customer loyalty discount, it would be the perfect car for my 16 year old daughter. When I get to the dealer, They’re in such demand(because of the mileage lie), I had to wait till June when the 2012 came out, then they tacked on a $1995 market parity adjustment, and customer loyalty discount doesn’t apply to the Elantra. So I pain $21500. I feel like a sap.
Purchased 2012 Veloster (used) ONLY because of mileage claim. Do not want to accept their settlement as I do not feel that was the only damage done and believe their corrected mileage claims are still exagerated.
I agree. Because they were trying to get great gas mileage, to save weight they omitted the spare and the jack! We had a blowout and when I went to change the flat all I found was air pump and a fix a flat kit. Not even a jack to change the flat(hole as big as my thumb, fix a flat included didn’t work)! I was livid! I wrote corporate Kia, they said it was dealers fault, dealer said it was Corporates fault. I was never told by the dealer that this was the deal when I purchased it and NEVER thought of looking for a spare and a jack in a brand new car! It’s ironic that now they also lied about the very thing/reason they omitted the jack in the first place; they claimed it got 47 mpg! I am going to wait and see what happens here. I want a spare and a jack and at least the lump sum for the mileage!
Is it to late to be part of this classaction suit? Where do we sign up?
I bought my 2013 Veloster on high hopes in gas mileage and have throughly been light down. I actually took a loss in my previous vehicle because of the lure of the mpg claim…..I have taken a hit in more than one way…how do I join this lawsuit??????
Purchased mine in April. I am a home health nurse. Drive a lot. Not getting the mileage advertised. How can I join.
I bought my 2012 Hyundai Accent this past March (2012) in Indiana and I thought I was driving the car right but I was going through the gas way too fast! Even with the Econ button pushed it does not seem to matter. I have only put on 6900 miles on this car and I go through the gas more than I would have thought. I have an older 2007 accent and it get better gas milage than the 2012. I thought I was being overly parinoid, but this makes sense now. How were we to know. However, today I recieved a letter from Hyundai stating they would reimburse me a prorated gas miliage and I totaled this on the car (based on their calculator on their website, per letter info received) over the life of my 5 year loan and at this rate I will get a whopping $500 which in my mind will not cover the tarnished reputation of the car I now own, that if I sell the car later on it may not be known what it is worth due to the gas milage estimates changing! Any assistance and info I can get on a lawsuit with others (class action or otherwise) would be apprreciated.
I have a 2012 Soul Exclaim and it’s a nice car but what sold me on buying it was the 35MPG. I have yet to do 30MPG and it usually averages 28MPG. I see I’m like the other postings and feel ripped off. I went on the KIA website for a estimate of compensation and they don’t recognize my VIN number that I’m taking off of their website. They are giving their customers the runaround, I would also like to be part of the class action lawsuit!
Absolutely Mislead and defrauded by Kia and I also want to know how to be a part of this class action lawsuit!
I bought a 2011 Elantra for myself about one year ago, based upon the stated mileage. This past summer I bought a 2012 Kia Soul for my daughter, based upon the stated mileage. Neither car has received the mileage stated. The worst part were the answers I received from Palm Springs Hyundai and subsequently the Hyundai Regional Office (whom Palm Springs Hyundai told me to call). Shortly after purchasing the Elantra, I went back to the dealership, telling them that the mileage was wrong. These were the answers:
Drive it 5,000-6,000 miles before the mileage worked itself out
I was driving too fast
The EPA posts these stated mileage claims, not Hyundai
Tire pressures differ
At that point, I went to the GM of the dealership and was told to call Hyundai, there was nothing they were going do for me. I did, and after a 90 minute conversation was told the same by the Hyundai regional office.
The point it, its a nice car, and so is the Kia Soul, but they should just be truthful about the mileage. Even though we like both cars, I will never purchase another Hyundai or Kia based on the untruthfulness – and I am getting ready to look for a new car for my 18 year old son.
Me too. We bought a 2013 Kia Sorento 4 cylinder with the 4l-GDI engine, for $2000.00 extra dollars, wjich should get better gas mileage. Like to person above, speedometer set 2 mph higher, so you drive 2 mph slower. On board computer fully reset is showing 28.6 mpg highway, but figuring it the old fashion way – milage to gallons, 26.4 mpg highway. The computer fully reset, is reading +2 mpg higher than actual. That’s crap. 32 advertised hwy and actual is 5.5 mpg error. It is worst in the city and I baby the car. That is just fraudulent.They knew what what they were doing. It’s been going on for three years, I understand.