Hyundai named in class action lawsuit over defective engines

; Hyundai Motors

 

This consumer class action arises from defective Theta II engines found in hundreds of thousands of Hyundai and Kia vehicles in the United States.

As alleged, the Theta II engine’s fuel injection system causes contaminants to enter the engine’s oil supply. Initial symptoms of the Defect include a knocking noise from the engine, a reduction in engine power, and engine stalling events (the “Defect”). When the level of contaminants in the oil supply sufficiently thicken the Theta II engine’s oil supply, the engine fails, leading to an immediate loss of engine power and power steering. The Defect thus creates a safety hazard for not only the vehicle’s occupants but the occupants of nearby vehicles. Countless consumer complaints to Hyundai, Kia and traffic safety authorities detail the safety risks and economic burdens of vehicles prone to total and unexpected engine failure.

The only remedy for the Defect is replacing the engine with another defective Theta II engine. Though the Defect is covered by Defendants’ written 10-year, 100,000 mile powertrain warranties, Defendants routinely deny warranty coverage to engines consumed by the Defect by blaming the engine-killing oil sludge on inadequate maintenance or the use of aftermarket oil filters.

Between 2015 and 2017, Defendants recalled 1.5 million vehicles with Theta II engines in North America. Each recall addressed knocking noises, engine stalls, and sudden engine failures. Though the recalls cover Theta II engines manufactured over a five-year period in at least two continents, in each instance, Defendants attributed the recall to the same underlying cause: leftover metal debris in the engine from the manufacturing process.

Reports suggest that in 2016, a Hyundai engineer informed the National Highway Traffic Safety Administration (“NHTSA”) that Defendants have long been aware that the Theta II engines possess a design flaw affecting all Theta II engines. These reports are consistent with the experience of Plaintiff and countless other owners and lessees of vehicles with defective Theta II engines that have not been recalled (the “Class Vehicles”). Non-recalled Theta II engines are failing because of the Defect in numbers that in some cases exceed the failure rates of recalled vehicles.

This case seeks protection and relief for owners of the Class Vehicles for the harm they have suffered, and the safety risks they face, from Defendants’ unfair, unlawful, and deceptive trade practices.

COMPLAINT


Ursula C. said
205 days ago
Hi, I own one of these cars 2013 KIA SORENTO, I bought my car from the Hyundai dealership about a year ago and I just found out that they sold me a car with structural damage as well,I was never told or made aware of any recalls on this engine.


Amanda F. said
84 days ago
I have a Facebook group dedicated to Tucson Engine Failure. We are being overlooked but still have the same engine and engine problem as everyone else. Mine a 2012 Tucson seized engine at 59k miles. 6 months out of 5 year warranty


Jarod H. said
82 days ago
We have the exact same issue. They even made us provide receipts of oil changes and after doing so they still are deciding not to fix it and says it's due to lack of maintenance. We have a 2017 Tucson bough brand new off the lot. What can we do?


Natalia S. said
82 days ago
I have the same issue with my 2017 Tucson. My whole experience with the customer service has been horrible. It's been almost 2 months since my car completely shut down in the middle of the road. The case manager hasn't called to give me any updates, the customer service reps say the same thing over and over again, we'll escalate the issue and get back to you, they never did. I provided my dealership with all the receipts of oil change since I've been told the engine shut down because of the poor maintenance. The car is only 1 year old how is it even possible? Even with proof of oil change I've been told that they will not cover the engine cost.


ARA H. said
76 days ago
2014 elantra 30,000 engine bad.


Veronica W. said
63 days ago
i have had my 2011 Huyndai Elantra Limited and i have had engine problems since i bought it i only have 87,000 miles on it, took it to the shop and they worked on it 893.00 later and still having the same defective engine there are many complaints. I need help huyndai knows there engine are defective

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