Hyundai and Kia have agreed to a settlement reportedly worth more than $200 million to end class action litigation over the automakers’ failure to equip adequate security equipment to prevent certain model year vehicles from being stolen. As of the date of this post, the settlement has not be approved by the Court but would include a monetary component as well as software upgrades for the following vehicles:
Vehicles eligible for a software upgrade include:
- 2018-2022 Hyundai Accent,
- 2011-2022 Hyundai Elantra,
- 2013-2020 Hyundai Elantra GT,
- 2018-2022 Hyundai Kona,
- 2013-2022 Hyundai Santa Fe,
- 2013-2018 Hyundai Santa Fe Sport,
- 2019 Hyundai Santa Fe XL,
- 2011-2019 Hyundai Sonata,
- 2011-2022 Hyundai Tucson,
- 2012-2017 and 2019-2021 Hyundai Veloster,
- 2020-2021 Hyundai Venue,
- 2013-2014 Genesis Coupe;
- 2020-2021 Hyundai Palisade;
- 2011-2022 Kia Sportage;
- 2011-2022 Kia Sorento;
- 2021-2022 Kia K5;
- 2011-2021 Kia Sedona;
- 2014-2021 Kia Forte;
- 2012-2021 Kia Rio;
- 2021-2022 Kia Seltos;
- 2011-2020 Kia Optima; and
- 2020-2022 Kia Soul.
A press release related to the settlement was released saying the following:
The lawsuit stems from the automakers’ failure to equip 2011-2022 models with an immobilizer, a common antitheft device in modern cars which prevents most vehicles from being started unless a code is transmitted from the vehicle’s smart key. The lack of immobilizer in affected vehicles spawned viral “Kia Challenge” TikTok videos demonstrating simple measures “Kia Boys” take to steal affected Hyundai and Kia vehicles using only a common USB charging cord or similar metal object to start the engine.
Am I Obligated To Accept the Class Settlement?
Generally, class members can opt-out of a class action by a specific deadline outlined in the class settlement. By opting out, the class member would not be able to claim part of any settlement funds or court award that results from the case. However, the class member would maintain his or her individual right to bring a lawsuit against Kia or Hyundai. Before opting out, class members should consult with a qualified attorney about their rights. As of the date of this post, an opt-out deadline has not been outlined because the settlement has not been approved by the Court. However, that may change soon and class-members should investigate into the opt-out deadline once it becomes finalized in order to maintain their right to file an individual lawsuit should they choose to do so.
At MMO Law, A.P.C. we have substantial experience litigating and negotiating lemon law claims throughout Los Angeles, Orange County, San Bernardino County, Bakersfield and Kern County, Palm Springs and many other counties throughout California. Call today at (310) 933-4493 for a free consultation with a California Lemon Law Lawyer regarding your potential Lemon Law claim.
Disclaimer: The information contained herein is meant for general information and advertisement purposes only and is not intended to be construed as legal advice.