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. consumer advocate says:

    I purchased a new 2012 Kia Soul in Nov of 2012. The salesman told me it was a 2013, that all new Kia’s automatically came with the advertised warranty which was 8 years/100,000miles bumper to bumper and that it got 40mpg. The fuel economy sticker was removed from the car before it was delivered to me. I later found out about the class action lawsuit and attempted to apply online. When I googled it, the sites provided were Kia sites and when I entered my information they told me my vehicle was not eligable. My vehicle should be eligable but I have been unable to get an application. I’m sure that many people would give up after being declared “ineligable” which means that Kia then keeps my portion of the class action funds allocated by law. My car was also missing the spare tire, which was promised to me but never delivered. I sent my neighbor in as she needed a new car and was promised a $200.00 referral fee, which sales refused to give me. They said I could take it off my next service appt. but I have a bumper to bumper warranty and free svc plan. When i confronted the sales manager about these issues, he called the police and made false accusations about me in an effort to get rid of me. I do have one positive thing to say about Kia though, the service department is excellent, they did all that they could do to accomadate me and make up for the lies that the sales dep’t told. They went out of their way to make up for the losses I suffered. They gave me the touch up paint that was promised and allowed me to use the promised referral fee to buy a tire and replace a mirror, items that were not covered on my bumper to bumper warranty. I am very grateful to the service dep’t for their efforts to do the right thing, even though all of the issues were caused by the sales dep’t. Now I am recieving notices stating that my warranty is expiring and asking for money to purchase a service plan. Once again the sales dep’t has screwed me over. The only reason I bought this car was because of the excellent bumper to bumper warranty. I’m no where near 8 years or 100,000 miles so here we go again. Any advice would be appreciated as I really don’t know what to do.

  2. Tracey says:

    Does anyone know the status of the lawsuit for the mileage? I traded my car in. The Optima’s MPG was so bad!

  3. Karen Garrett says:

    My husband 2002 v8 pickup truck gets better gas mileage than my 2012 Kia Sorento 4 cylinder, they sent me a $100 gas card, like that makes up for the money Im losing on gas. I buy a new car and keep it for 10 years so what about the rest of the miles I drive this car.

  4. Paul says:

    Please sign me up for lump sum settlement. I have a 20013 Kia Soul and would like to know how to receive my settlement money.

  5. Korbyn says:

    Kia came out with a “revised” MPG rating for the Kia Optima Hybrid, it went from 4.9 to 5.1 L/100Km on the highway. The BEST I’ve ever done, and that was being very nice, locking cruise control, and resetting the button at highway speed, was 6.2. In the city, I’m lucky if I’m ever less than 7.0. I would call into question their whole Guinness record of 3.9, cause I’m calling BS, certainly not with a standard car off the lot. I don’t ever expect to get the “advertised” MPG, but I expect to be in the ball park. Basically they’re off by 10 MPG, and I never would have bought this car.

  6. Elisa Waxman says:

    I bought a 2010 Kia Forte (SX), trading in a 1997 Honda Prelude. Sadly, this new car is getting the same gas mileage as my old Honda, with less power behind the wheel. I brought my car into the dealership 3 times complaining about the gas mileage, and they gave me every excuse in the book (ie, let it break in, cold weather, my driving, etc). I am getting only 28 mpg on the highway, and approximately 16 mpg in the city! (which is what is was getting from a 13 year old vehicle.) I regret trading my old car in for something that I thought would provide better fuel economy.

    I contacted Kia when the lawsuit information was released, but they insisted that there was no issue with the Forte estimates.

    I would love to have a separate lawsuit for those of us not covered in the older one. I’m annoyed at Kia, and will never purchase from them or Hyundai ever again!

  7. wanda w jones says:

    Please send me information on how to sign up for the litigation action against Kia. I have a 2012 soul and it is a good day if I can get 23-24 mpg. This is the case with me driving slowly and not accelerating at stops.

  8. Estes says:

    send me info to sign up for the suit. I hav e a beautiful white 2013 soul that gets 26=20 mpg. It’s horrible! I want my money back!

  9. Bo Oliver says:

    JUDGE GEORGE WU LOS ANGELES RECEIVES AMICUS BRIEF
    HYUNDAI KIA FUEL LITIGATION CLASS ACTION “Class member …. hereby submits for consideration the Amicus Brief in support of class action settlement of $10,000 [ten thousand dollars] minimum to each Hyundai and Kia class member. The class currently numbers over 500,000 persons. That Hyundai Motor America will cease to forward to dealer “L.A. Hyundai at LAX” any new Hyundai’s or Kia’s for sale due to the dealer’s denial of service to me; That Hyundai Motor America will close down the dealership “L.A. Hyundai at Lax”, Inglewood California due to its denial of service to me; That as part of the settlement agreement, any Hyundai or Kia dealer who refuses service to any registered Hyundai or Kia owner with a Hyundai or Kia vehicle under warranty, and any dealer who engages in retaliation against any registered Hyundai or Kia owner, shall not receive any cars for sale from HMA for the period of 6 months, for each separate occurrence.” Excerpts.

  10. Bo Oliver says:

    HYUNDAI MOTOR FINANCE CHARGED WITH FRAUD IN BANKRUPTCY CASE
    LOS ANGELES “the class action case is proof that Hyundai admits debtor’s vehicle has lost value…. HMF states the value of the vehicle as $22,333. But the retail purchase agreement with WIN Hyundai Carson states the cash price of the vehicle as $17,886 as of August 3, 3012. Creditor HMF has not explained the discrepancy or why the information in its claim is false. 11 U.S.C. section 506 (a)…The proof of claim by HMF fails to alert the court that the debtor is entitled to reduce the claim simply by canceling the optional service plan and gap insurance. …That would bring the total value of the claim down by about $3,000. This concealment by HMF proves its claim is fraudulent. The claim should be disallowed in its entirety based on this concealment by HMF…There is no way I can go to work and pay for the car and pay for the bankruptcy payments if I am sitting in jail as a result of Hyundai Motor Finances’s gestapo tactics…Hyundai Motor Finance has presented a fraudulent claim. The attachment to their claim shows that the cash value of my vehicle at the time of purchase was about $17,800. That was about 2 years ago. But their actual claim states motor vehicle valued at over $22,000. This is a false and fraudulent statement as the value of the vehicle is less than $16,000…the Claim …presented is fraudulent and there has been a proven breach of performance against debtor and vehicle showing denial of service to debtor at an authorized dealer of his choosing, thus affecting the value of the vehicle herein.”

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