Hyundai-Kia Settles Mileage Lawsuit; Owners Get Lump-Sum Option

Hyundai_kia

In November 2012, an EPA investigation and consumer watchdog complaints led Hyundai and Kia to restate gas mileage on more than two dozen 2011, 2012 and 2013 models. The affiliated Korean automakers conceded interpretation errors on EPA procedures and launched a program to compensate some 900,000 owners with reloadable debit cards that factored in the difference in mileage with the cost of gas, plus 15 percent extra apology cash. The debit cards require periodic odometer checks at dealerships, however — a different path than Ford took when it restated gas mileage on the C-Max. The Michigan automaker reimbursed current C-Max lessees and owners $325 and $550, respectively.

What to Do If You Own an Affected Hyundai, Kia

Now, as the result of a recently settled class-action lawsuit, owners of affected Hyundai and Kia models can get their own lump-sum payout. Hyundai and Kia have agreed to offer lump-sum reimbursements that average $353 per affected Hyundai and $667 per affected Kia. That leaves owners with a few options, according to the automaker:

  • Decline the lump-sum payout and continue to receive periodic payouts on the debit-card program for as long as you own the car.
  • Accept the payout, which comes minus anything you've already received in the debit-card program.
  • Accept a dealership credit of 1.5 times the lump sum.
  • Accept a credit of two times the lump sum toward the purchase of a new Hyundai or Kia.

It's unclear what the dealership credit goes toward. Specifics per model also remain unclear — representatives at both brands didn't return our messages — but Hyundai said a 2012 Elantra owner would receive $320.

What payout makes more sense? We ran the numbers. If you drove 12,000 annual miles and gas averaged $3.50 a gallon, the difference in fuel between the 2012 Elantra's original EPA rating (33 mpg combined) versus the restated rating (32 mpg) amounts to about $40 per year. The debit-card program would reimburse you that plus an extra 15 percent, or about $46 per year. The program extends as long as you own the vehicle (it isn't transferrable), so it would take about seven years in this scenario to break even with the lump-sum payout. That's a year longer than the average new-vehicle owner keeps his car. Throw in the fact that cash today is worth more than the same amount paid over time — you could invest it and make a return — and it makes little sense not to take the payout, particularly if leased your Hyundai.

Unless, of course, you drive a ton. Take a driver who puts 25,000 annual miles on that 2012 Elantra. Given the same gas price, Hyundai's debit-card program would dispense around $76 per year, which makes the break-even point just 3.4 years.

Kia's per-vehicle average ($667) is much higher, presumably because popular cars like the Soul saw combined mileage fall by a larger margin. The 2012 and 2013 Soul saw combined EPA mileage drop 10 to 14 percent, depending on the version.

Hyundai and Kia said the court settlement totals $395 million, though exact amounts depend on how many owners take part in the lump-sum program. The Detroit News reports the automaker has more than $400 million ready to pay claims, but it's unclear if the EPA — which is still investigating Hyundai-Kia — will assess civil penalties beyond it.

Owners can visit hyundaimpginfo.com or kiampginfo.com for more information. Hyundai's website says a "more in-depth website dedicated to the lump sum settlement will be available in the future."

Related
Hyundai, Kia to Pay 900,000 Owners for Bad MPG Estimates
Loopholes and Fuzzy Math: The Tangled Science of MPG Ratings
More Hyundai-Kia MPG News

By Kelsey Mays | December 27, 2013 | Comments (40)

Comments 

sherri

How do I go about getting the cash payout from Hyundai? I no longer own the vehicle as of July 2013

John

I would think you're SOL already, but it doesn't hurt to call the dealership!

Wain

To Sherry: Call Hyundai of America directly.
99% guaranteed you're entitled to compensation you're a victim of their scam.

Belly

I bought a 2011 Kia Sportage with the same 2.4 motor, 6 speed transmission and mileage rating as a 2012 Sportage, but yet it is not included in Kia's settlement.

Kia apparently will only payout those that have sued and is simply neglecting a large segment of its customers. It has shown it is not an honest company once already.

I would not recommend buying a vehicle from this company.

Derrick G

@sherri: Looking at what's on the Kia site, it does look like you'd be eligible for the lump sum minus anything you'd already claimed under the mileage-based program assuming you first bought before Nov. 3, 2012.

Derrick G

@Belly,

The program only covers vehicles that were rated under a flawed testing protocol that was introduced after the '11 was rated. H-K made some changes to the Sportage and Tucson for MY '12 such as a new A/C system, so they were tested again under the new, flawed protocol. So the '12 models were adjusted. Generally, as long as cars are properly tested under EPA protocols, courts don't allow lawsuits on those ratings because legally those ratings are what manufacturers are required to advertise. Though I certainly don't blame you for being mad as the '11 ratings are higher than the restated '12 ratings despite the changes that supposedly upped MPG for '12.

Belly

Derrick, awesome comment.

Can I ask where you found this information?

Thanks again.

xsolara

Yearly payment works great for me.... My 2012 Azera is on this plan and it's paid me $175 for 2 years of driving. AND the best thing is I'm getting 29mpg on the highway. these payment are for the life I own this car...
(org mileage was 29mpg down rated to 28mpg)

Derrick G

Here:

http://autos.aol.com/article/honda-mpg-lawsuit-appeal/

here:

http://www.greencarreports.com/news/1076106_honda-wins-round-in-long-running-hybrid-gas-mileage-lawsuit

and here:

http://www.kiamedia.com/us/en/models/sportage/2012

Note the presser seems to indicate the Sportage got GDI for '12, but only the turbo has it. '14 is the first MY for the 2.4 to get GDI.

Perhaps I should have mentioned courts haven't typically allowed individual claims. If you can find someone willing to make a class-action case of all Tucson and Sportage owners, you might get something.

W Fraser

I have a 2004 KIA Amanti , which misfires at low speed in High gear ,75,000 miles , it feels like plug wires or coil ? anybody else experience this?

William T. Stewart

I have a client who had a Kia Soul 2012 and was receiving on that. Thi client died and the vehicle was transferred to the devisee Can the estate get the lump sum payment minus what was already received?

B Oliver

Class Action Update: [Part 2 of 2] Some plaintiffs may take Hyundai into a jury trial. I believe the proposed settlement should be rejected as too loo low and bad faith. Hyundai agent Inglewood Police said if you come to a Hyundai dealer for service you will be arrested and thrown in jail. The motion to certify the class is set for Jan. 23 in Los Angeles. If you do not want the payout of $353, you may have to put that in writing and the door may stay open for a jury trial against Hyundai. Next court hearings are Jan. 9 and Jan. 23. If you want to make your voice heard before those dates, and express what you feel class members are due $$$$, write Judge George H. Wu, Phone 213-894-0191, 312 North Spring Street 10th Floor, Los Angeles, CA 90012-4701, and priority mail a copy to the attorneys Hagens, Berman Sobol Shapiro LLP, Phone 213-330-7150, 301 N Lake Avenue Suite 203, Pasadena, CA 91101. Mention Case 2:13-ml-2424-GW-FFM.

B Oliver

Class Action Update: [Part 1 of 2] Hagens Berman Sobol Shapiro law firm know that in the same court district a Judge was inclined to grant entry of default against Hyundai for $85 million dollars, and this to a single class member plaintiff. Hyundai-Kia is now proposing only $353 to each class member. A Canadian class action asks for $10,000 each class member. Along with the deceptive gas mileage claims, Hyundai was also sued in the class action for false advertising, breach of express warranty, fraud, unjust enrichment, reduced resale value, however the proposed settlement by Hyundai appears to offer $353 for the false gas mileage claims ONLY. There is no indication that Hyundai offers damages for false advertising, breach of express warranty, fraud, unjust compensation, and reduced resale value of the vehicle.

Maddie

Will they mail me a check or do I need to contact the dealership?

Melissa A

I have a 2012 kia soul and will stay on the fuel reimbursement program as I get back around $125.00 every 6 months so for me it will pay more than a lump some settlement.

Ron

I bought a 2013 optima exlury and milage posted on sticker is 50 MPG in Canada.The best I've ever got is 33 MPG.Dealer just keeps saying it will get better,When?

Holly

I was unaware of the lump sum payout and have been attempting to process my second payout from Hyundai since September, 2013. Have spoken w/6 different agents, have been assigned 3 different case numbers. They have told me that: 1)There will be a delay in the processing due to a high volume of new claims; 2)They were processing my claim "internally" and I should receive my card in 4 - 6 weeks (I didn't); 3)They were having problems sending the emails to hotmail, comcast & aol accounts;
4)Since I did not respond to the email I never received within 45 days, I need to have the mileage checked again;
5)Since I did not receive any of the emails, they were going to send a physical copy of the form through the mail (never got it).
Anyone else getting this kind of run-around?

TeeBird

I got $389.00 for a year and a half of driving (18000 miles). I have a Kia Soul ECO. I am definitely not taking the lump sum.

BO

OBJECTING TO THE HYUNDAI-KIA PROPOSED fuel economy settlement. The proposed settlement has NOT been approved by the court yet and is set for hearing in March or April. You can object to the HYUNDAI - KIA class action proposed settlement. if you don’t like any part of it. You should give reasons why you think the court should not approve it. Mention In re Hyundai and Kia Fuel Economy Litigation No. MDL 13-2424-GW (C.D. Cal.). Be sure to include your name, address, telephone number, signature, and if applicable Vehicle Vin number. Mail your letter to these three addresses: Clerk of the Court, United States District Court Central District of California, 255 East Temple St., Los Angeles, CA 90012–3332; Robert B. Carey, Hagans Berman Sobel Shapiro LLP, 11 West Jefferson St., Suite 1000, Phoenix, AZ 85003, Michael L. Kidney, Hogan Lovells US LLP, 555 Thirteenth Street NW, Washington DC 20004. COURT DOCUMENTS CAN BE SEEN ON THE SITE PACER.GOV. Also see the site attorney-ethics-elderly-abuse.com for updates on the class action.

Holly

It has taken me MONTHS (since September '13 to get any real response from Hyundai to honor their mpg reimbursement. I put a lot of mile on my car, so the lump sum makes no sense. I have gotten the run around, promises were made, never honored... I finally took to social media and have received emails that indicate that the debit card should get to me in 7 - 10 days. Is anyone else having this kind of difficulty w/them?

linda gomez

Bought sonata 2013 hybrid.guaranteed 50 miles a gallon, est 560 miles a tank.sad to say started at 39 49 an now hasnt moved 34.5 mileave.love my car but sad the mileage an blue star is poor.a beautiful car im at a hyundai loan 19.9 per cent due to credit.sonata still best car but they sale it with fualse mileage an services.still grateful to get ot o a ford trade in

george chambers

i bought my soul expecting such a great deal, my wife's Toyota camery with 6 cyld gets better gas mileage than my soul. so when i go online to check to see if i get the settlement..for my 2010 it tells me i don't qualify...really? what crap. i would like to know who to contact on this.

Karen Garrett

how do i get a lump sum payment, i went to kiampginfo.com but no option for lump sum payment.

Roert Civil

I purchased a Sportage (EX) in May 2011, I never heard of any such reimbursement, Am I eligible, Will the local dealer understand my request or must I got to a national headquarter ?
bob civil

Leslie

Waiting for supposed second email.they said the first one went to spam. Nope. I checked. Run around. Yes.

Doug Greenwold

I recently purchased a 2013 Hyundai Sante Fe Sport. I began to notice that the MPG the onboard dashboard computer was telling me didn't square with MPG I calculated in my head. I ran a test for 4200 miles keeping meticulous detail of each fill up and the average MPG both experienced and what the dashboard was telling me. I found that the onboard computer overstated my mileage by an average of 11.7%. If the Hyundai computer said I got 30 MPG, my own math showed I got 26.8 MPG. Do you think that in correcting the MPG on the sales sticker as part of the EPA settlement that Hyundai failed to correct the overstating algorithm in its onboard computer? Every time I fill up, I'm reminded that what I actually get for MPG is not what the onboard computer is telling me I should have gotten. So far at Hyundai I'm not getting any answers, just people who don't know how to respond to my issue.

CLASS ACTION UPDATE FROM COURT: "MINUTES OF PLAINTIFFS' MOTION FOR CERTIFICATION OF SETTLEMENT CLASS 184 ; PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT AND ORDER DIRECTING NOTICE TO THE CLASS 185 ; PLAINTIFFS' IN GENTRY, ET AL. V. HYUNDAI MOTOR AMERICA'S MOTION FOR SUGGESTION OF REMAND AND ENFORCEMENT OF STIPULATION IN OPEN COURT 230 hearing held before Judge George H. Wu. The Court's Tentative Ruling is circulated and attached hereto. Court hears oral argument. For reasons stated on the record, the above-entitled motions are continued to July 24, 2014 at 9:30 a.m. Plaintiffs will have until July 7, 2014 to file their supplemental briefs and revised notice and forms. Responses will be filed by July 16, 2014. Any reply will be filed by noon on July 21, 2014. Court Reporter: Katie Thibodeaux. (lom) (Entered: 06/27/2014)" .....OTHER NEWS: Los Angeles: Hyundai Kia Update: Hyundai and Kia want the class action settlement to provide affected car owners with about $400 per car owner (an Inglewood Small claims court awarded similar
damages to one plaintiff of $700 and Hyundai had agreed to pay it which is $300 more than they now propose), while Virginia owners of the Elantra want the full purchase price refunded (around $14,000 per vehicle depending on down payment) plus treble damages. Hyundai and some of its dealers have admitted in court documents (1) that they cannot tell dealers to provide warranty service to your vehicle and (2) that their dealers can refuse you warranty service. This contradicts the warranty where Hyundai
promises the dealer will service your vehicle. No wonder Virginia Hyundai owners want the full
purchase price refunded plus treble damages. It is sad that some of the California class action plaintiffs
fight against the full refund. Let's hope the Judge either requires the settlement to include full purchase refund or allow the Virginia plaintiffs to separate from the class action and pursue their case to trial.
The court hearing is tomorrow at 9am Los Angeles in the central district courtroom of Judge George H. Wu on Spring Street on the 10th floor. Case 2:13-ml-02424-GW-FFM. Settlement is a two stage process and this case is still at stage one approval. Stay tuned.

Correction: The last court hearing was June 26. The next court hearing will be July 24. If you can access Pacer, you can view and download case documents.

Brittany

Holly- My Hyundai dealer is doing same thing to me. Have you ever received anything via email or phone?> I have had my car since 2012 only receiving one card i have 46,000 on my car. I drive a lot. If this does not get figured out this may be my last Hyundai buy.

Heidi

I have a 2013 Kia Soul and I have received over $1000 from Kia on their reimbursement so why would I take $600? I am awaiting my second payment of $471.01, you do the math and tell me if the payout would be a good thing or not!!! I seriously put 22,000 miles on my car and got $471.01. It's a pain in the ass to go to the dealership but I only do it once a year so it's not that bad.

BOliver

HYUNDAI KIA FUEL ECONOMY CLASS ACTION UPDATE The case still has not settled with more hearings scheduled. A federal Judge in the Hyundai Kia Fuel Economy Class action case has valued damages at $2700 to each affected car owner but admits the class action proposed settlement will only pay car owners about 10% of that amount or $240. Case 2:13-ml-02424 Central District Los Angeles. Judge George H. Wu called the $240 a “fair, reasonable, and adequate amount”. July 24 2014 filed document. Attorneys, however, will probably make millions. Do you think the $240 is fair or would you rather have $2700?

BOliver

According to court papers, there will be not customary publication in magazines or newspapers of the settlement when it is final. Plus attorneys claim that Hyundai will pay them directly rather than out of the settlement fund; thus, sounds like a done deal as far as the attorney fees go. Those agreeing with the settlement an occur in court to testify; those who want to be excluded from the settlement cannot appear on court. Sounds like it should be the other way around. Apparently other lawsuits will still continue against Hyundai Kia and that is a good thing.

BOliver

Corrected: According to court papers, there will not be the customary publication in magazines or newspapers of the settlement when it is final. Plus attorneys claim that Hyundai will pay them directly rather than out of the settlement fund; thus, sounds like a done deal as far as the attorney fees go. Those agreeing with the settlement can appear in court to testify; those who want to be excluded from the settlement cannot appear on court. Sounds like it should be the other way around. Apparently other lawsuits will still continue against Hyundai Kia and that is a good thing.

Sandra Palmquist

Where on this expansive website is the detail of how to receive a cash payout for my 2012 Kia Soul?

Bo

Hyundai Capital America doing business as Hyundai Motor Finance is the subject of a motion for sanctions in the Los Angeles Central bankruptcy court. The motion filed September 5 2014 is pursuant to court general order 06–03 and asks for $110 million sanction against Hyundai Capital America dba Hyundai Motor Finance and $110 million against the law firm for Hyundai Capital America dba Hyundai Motor Finance and $110 million against the law offices of Austin P. Nagel. The motion was also served on attorney Carol G. Unruh, attorney Mary Tang, Melissa Acorn, Hyundai Motor Finance. The motion will be heard on October 15 at 1:30 PM, courtroom 1375, United States Bankruptcy Court, 255 East Temple St., Los Angeles, CA. Los Angles Mayor and Council under Mayor Eric Garcetti have also been notified.

Awesomeo

Canada in kpg. 30mpg = 53kpg. Before buying a car maybe you need to learn what measuring system that country uses.

charlotte.landeros

Testimony of money lending

The life of witness lots of money if loan a loan contact Mr. conti. Fulgenzio serious because I have my loan of 5,000 euros ( 7.0863 $) at the rate of 2% for beside it until I did so because I thought it was going to get the loan but my banker called me to inform me that my account has been provided and I withdrew the money and changed it so don't hesitate because taking other amigostambien contact this gentleman now I have my business. Please contact us for more information about this loan. Here is the email: conti.fulgenzio@hotmail.com

Glenda

Holly (and others)- I've had exactly the same run around with Hyundai. I've been trying to get a second reimbursement from Hyundai for months and have had nothing but difficulty. I keep getting told to keep an eye out for an e-mail that never comes and when I call back they now have to "manually" enter my claim. Having now waited the requisite 4-6 weeks (it's been 7), I called back to find out that this "manual" entry of my claim was never filed (shocker). The current line is that they're going to send out another e-mail request from which I'll have to wait another 4-6 weeks. I had similar trouble with getting my first reimbursement claim issued with several calls to the dealership to get the mileage recorded sent to Hyundai, and then 3 calls to the Hyundai Reimbursement program help line to actually get a debit card sent out. It took months of follow up before I finally got anything. This Hyundai Reimbursement Program is turning out to be quite a scam.

Jeff Rosen

Leasing a 2014 Hyundai Elantra Limited, when we first got the car the range was 636 Kilometers in the dash, Now when we fill up, The highest the range shows is 490 Kilometers maximum. we got this car in July/14 and I have seen Hyundai service about this and they look at me like I am crazy. Obviously by all of these posts I am not. How do I find out more nfo and who do I complain to.

Yaa Aba Wiredu

When is the closing date for eligibility of the Hyundai MPG Program. I submitted my documents some time back in Nov' 2013 and I was told the eligibility period has ended.


Someone please help me out if you were able to apply after November 2013

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