Sarah Mirando  |  July 17, 2012

Category: Consumer News

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Hyundai Kia mileageA 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

  1. Top Class Actions says:

    UPDATE 1: Hyundai and Kia reached a $400 million class action lawsuit settlement in February 2013, which was announced in December 2013.

  2. Sam Peck says:

    I purchased a Kia Rio new 3/17/2012. It had claims of 47mpg in the window in huge numbers. Even the average mpg calculator in the car never got that good and it was always 2 -4 mpg off on the high side. To reduce the weight in the car, the jack and spare were omitted and a air pump and tire repair kit was its replacement(no JACK). I live in the country where cell phones don’t always work. My gf had a blowout(hole as big as my thumb) and when I went to change it, is when I found I had no spare or jack. I was never told by the dealer it didn’t come with the BASIC essentials, such as a jack! It’s ironic that the reason they omitted the “extra weight” was to improve gas mileage! It’s obvious to me they knew they were lying then, that’s why they were grasping at straws to lose 20lbs to safe mileage! So I think this is funny, looks like I will get my Spare and jack after all!

  3. Shawn Ecklund says:

    Just bought a 2013 Elantra Limited a week ago and purchased for the advertised mileage 28/38. I feel swindled and deceived now reading everyone’s claims above. Certainly will exploit my options now. This is utter Bull Shit!

  4. David R says:

    Wow, They really got away with FALSE advertising. I bought a 2012 Kia Optima in May of 2012. My car gets if i’m lucky 26mpg. it says i should get 35mpg. what a JOKE! I guess I just got screwed. I prob. will try to trade it in back for a VW passat or a Jetta that actually does get 40mpg… if anyone knows how I can get my money back?, Please let me know. 215-778-6549 David

  5. paula b gaston says:

    i bought a 2012 Sonnata- and i doesn’t get the gas milage that was stated when I bought it….

    1. Joan says:

      My husband & I bought a 2012 Sonnata and like everyone on this website is saying the mileage is just not there. I have gotten answers from the dealership like: you have to have both trip A and trip B cleared to get an accurate reading. We also had problems with the Kumo tires, which were defective, but no one would own up to it. The car only had 12k miles, $600 later the Kumos are gone. If anyone has had problems with Kumo tires on a new Sonnata, contact Hyndai, maybe you will get somewhere. I too would like to find out how to become part of this class action.

  6. Heidi Fletcher says:

    How do I join? 2011 elantra, same problem. I am a hospic.e nurse and also bought the car for the mileage

  7. Jerad Anderson says:

    2011 sonata sucks at gas mileage but I will be driving it for years to come, why is the settlement just for miles drivin to date??

  8. Karen says:

    Ok I just reading the list of vehicles included in this lawsuit and I am very disappointed that my 2011 Kia Soul Exclaim is not on the list. I have NEVER gotten the gas mileage that was posted on the vehicle window sticker when I bought it brand new. I will be making a phone call to see why and how I can have my vehicle added to the list of vehicles affected by the false gas mileage claims. I hope EVERYONE with a 2011 Kia Soul Exclaim with gas mileage way less than the posted gas mileage on the sticker will join me in calling the appropriate people to have this vehicle added to the list of affected vehicles… We don’t need to let Kia sucker us with false acusations and not pay us for their false gas representation on the sticker.

  9. marilyn brier says:

    The 2013 Elantra GT was advertised @29-39mpg. On a good day I get 28 tops on highway. Usually, whether or not highway or city its 27mpg. My Thousand Oaks dealership gives me lame lame excuses since my purchase last summer. (wait till 5k miles; change the air filter; etc) The new gas cards only give 2mpg which doesn’t cover that or the loss of resale value. Driving it makes
    me sick to my stomach now literally, knowing I was deceived. Please what options do I have? I am angry at the dealership and at the manufacturer.

  10. maria says:

    I bought a 2012 Elantra for the advertised gas mileage… but soon I realized that my car’s gas consumption was double of what it should have been….I called the dealership and was told so many asinine reasons and excuses… when I called the Head Office, I only got more of the same bs… their answers to their problem are insulting to anybody with a little intelligence…
    One of the stupid excuses for the incorrect mileage, was that “these tests are conducted with no driver or anybody in the car, that explains the increase fuel consumption when we drive it… it is caused by the added weight”
    PATHETIC!!!

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