Sarah Mirando  |  December 7, 2012

Category: Consumer News

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Hyundai Kia class action settlementKia Motors America Inc. has been hit with a class action lawsuit alleging the Korean automaker defrauded consumers by overstating the fuel efficiency of five of its top models.

Lead plaintiff Richard Woodruff alleges in the Kia class action lawsuit that the Kia Optima HEV, Rio, Sorento, Soul and Sportage experienced a surge in sales for their 2011 to 2013 models based on an “extensive and misleading” marketing campaign that promoted them as achieving class-leading gas mileage.

However, on November 2 the U.S. Environmental Protection Agency (EPA) revealed that Kia and its affiliate Hyundai Motor America had exaggerated car fuel economy estimates, and that most models actually received 1 to 2 miles per gallon less than advertised. The biggest discrepancy was with the Kia Soul, which actually received 6 mpg less than advertised. The debacle has been dubbed “MPG Gate” by the media.

“[Kia] inflated the results of mileage testing the company reported to the EPA and advertised that the affected vehicles achieved better fuel efficiency than actually achieved,” the Kia mpg class action lawsuit states. “This message was false and defendant failed to comply with EPA regulations which would have given consumers accurate information about the vehicles’ fuel efficiency.”

Hyundai has already been hit with a class action lawsuit over the fuel economy discrepancies, and a joint class action lawsuit was filed against Hyundai and Kia in November. Both companies have established a reimbursement program for current and former vehicle owners to cover the additional fuel costs that were incurred based on miles driven, plus an additional 15 percent of the reimbursement amount.

Hyundai and Kia customers with questions about the mileage reimbursement program can find answers at www.hyundaimpginfo.com and www.kiampginfo.com.

The Kia fuel economy class action lawsuit is brought on behalf of a proposed nationwide class of consumers that purchased a 2011-2012 Optima HEV, 2012-2013 Rio, 2012-2013 Sorento, 2012-2013 Soul (including the Eco) and the 2012-2013 Sportage. It is seeking restitution, disgorgement of profits, and damages for violation of California’s business code and false advertising law, fraud, negligent misrepresentation and deceit.

The Kia Fuel Economy Class Action Lawsuit case is Woodruff v. Kia Motors America Inc., Case No. 12-cv-06155, U.S. District Court for the Northern District of California. The plaintiff is represented by Deborah R. Rosenthal of Simmons Browder Gianaris Angelides & Barnerd LLC.

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88 thoughts onKia Fuel Economy Class Action Lawsuit

  1. scutter says:

    Cannot understand why the 2011 Kia Soul is not included. We own 2 of these and both get at least 5 mpg less than the sticker indicated

  2. Dawn says:

    I have a manuel 2012 Soul. Sticker advised 32 to 42 mpg with 35 mpg average. I usually get 33 to 35 mpg. On one long trip recently I got 41 mpg. I LOVE my manuel Kia Soul and I have received my first reimbursement and just signed up for a 2nd. First car I ever owned which paid me to drive it. I think it is wonderful Kia made this offer. The ONLY people who will make out on class action lawsuit are the f_ _king lawyers. Don’t be so greedy people. Be happy you are getting a reimbursement if you signed up for it. A friend of mine just went thru a lemon law suit on a Dodge Charger. They won the suit. They got a lousy $2000.00. and still have to keep the car and the payments. The freaking lawyer got $2,500.00. Imagine that, the lawyer got more than the plantiff and the plantiff still has to keep the car and all future repairs (which don’t stay “repaired”!)
    Good luck everyone (except the f_ _king lawyers). No need to sign me up; I LOVE my Soul and I LOVE my mpg reimbursements!

  3. Garyn Hiscott says:

    I have been looking for month’s now trying to get on the suit, but not making any progress. I am in fear that I wont be able to jump on this due to the Service Writer at the dealer saying he couldn’t submit my warranty claim until I filled out everything with the MPG Reimbursment. Something doesn’t sound right about that….?

  4. Joe says:

    I recently purchased a 2012 Kia Soul from a private owner. Expecting great gas mileage from it. How suprised was I when I saw this information about my new vehicle.

  5. Eileen says:

    I want to be included, I purchased this Sorento mainly for the gas milage. I average 20.5 miles per gallon in both city and highway. That means that I am getting 15 – 25 instead of the 22-32 that they stated. That is an average of 7 miles less each way or 1/3 less than I should be getting. I should get 1/2 my gas money back as I am only getting 2/3rds of the milage stated. They adjusted their figures by 1 mile., but that is still way off. I have written down every time I got gas, how many gallons and how many miles. I have receipts for all but 3 fill ups in the past year. Also the milage calculator in the car also is off it always says between 1 and 2 miles more per gallon than I am getting. You should all write it down and calculate. We should go after them for the calculator being off also. I am tired of trying to fight with them over this. I wanted them to buy my car back, but got no where. I hope you can help settle this and make them do the right thing. I will never buy from them again. I will continue to hold onto my reciepts, let me know if I can help build this case. Thank you.

  6. Jennifer Hart says:

    I would like the same as the information requested above. I was elgibile for the ” Kia Reimbursement Program.” please email me with additional information @ jennhart8888@hotmail.com

  7. Eileen says:

    Bought the Kia Sorento after 3 months of comparing others out there. The main reason we decided on the Kia was the gas millage. I have kept track from the first fill up and after 1 year, I average 20mpg. That would be 15 city, and 25 highway. On the sticker it said 22 mpg-32 mpg. I want them to buy my car back. I talked to the manufacturer and they will not do anything. They said they changed the milage to 21 now ( that is still false), and the counter in the car is also wrong. It always reads higher than what I really get.

  8. Ken says:

    I have a 2013 Soul and received the first reimbursement. I try to get information on the next one and was told I had to wait 3 months. I then contacted them again and was told the second phase will be implemented in the next 24 hours. That was on 2/17 I’m still being told they have not implemented the second phase. Makes you wonder if this is how they resolve this issue how will they stand behind there product for the warranty?

  9. Lynn Davino says:

    I want to sign up for the Kia Lawsuit.
    I purchased a 2013 Kia Soul and the sales man told me the 42mpg on the sticker was the low end depending on conditions I could get as much as 46. I am not coming anywhere close to this…I trusted the dealership and feel like they took advantage of me … How do I get involved in a class action suit against them…I am a disabled veterans widow who will never be able to afford to buy another car and I feel I should recieve compensation for being lied to…and not being able to make the best decision for an economical car I will have the rest of my life…I also purchased a warranty that covers my car bumper to bumper like the original 3 yr for the entire 10 yrs …I hope that was not a rip off too…I still have not received any paper work or warranty info yet and it has been 6 months since I purchased my car. Please email me the info for signing up for the lawsuit or call me at 407-600-8823. Thanks

  10. Charles Gulotta says:

    We bought our 2011 Forte specifically because of the fuel economy claims. However, the gas mileage we were getting wasn’t even close — highway or city. I talked to our salesman several times and he told us the car needed “breaking in.” We’re now over 30,000 km and it’s never improved. Kia hasn’t answered my emails and calling them on the phone is just as frustrating. We feel cheated. We’d want to be part of a lawsuit, too, but doubt it will go anywhere. They’ve lost a good customer. This is our third Kia, and our last.

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