Kia, Hyundai Vehicles Easy to Steal Class Action

This class action sues Kia America, Inc., Hyundai Motor America, and Hyundai Kia American Technical Center, Inc. for ten years’ worth of Hyundai and Kia vehicles, asserting that they are “easy to steal” and “unsafe” because they do not comply with a part of the Federal Motor Vehicle Safety Standard (FMVSS) that helps keep the vehicle frozen in place when the key is removed from the ignition.

The vehicles in question include all 2011-2021 Kia models and all 2011-2021 Hyundai models, which the complaint alleges all have the same defect.

What’s the problem with the vehicles? The complaint quotes from the FMVSS: “Each vehicle must have a starting system which, whenever the key is removed from the starting system prevents” two things, including “normal activation of the vehicle’s engine or motor” or “[e]ither steering, or forward self-mobility, of the vehicle, or both.”

The complaint alleges that in the case of the vehicles in question, when the key is removed, “neither steering nor forward self-mobility is prevented. If it were, the vehicles would not be stolen at alarming rates.”

Also, the complaint claims that the companies designed the vehicles “without engine immobilizers, an electronic security device that makes it more difficult to start a vehicle without a key.” According to the complaint, “all a thief needs to do is strip the ignition column, exposing a piece that pops off, and then stick a USB drive, a knife, or some other similar tool to start the vehicle without a key or code.” From there, they can start the vehicle, steer it, and move it forward.

To add to the ease of theft, the complaint suggests that the windows can be broken without triggering the security alarm.

The complaint alleges that the companies knew about the defects and did not warn consumers about them before they bought the vehicles.

The complaint proposes two Nationwide Classes and two Illinois Subclasses:

• The first Nationwide Class is based on claims of unjust enrichment, violations of the Magnuson Moss Warranty Act and other breaches of express or implied warranty, consisting of all customers who bought any of the vehicles in question between August 4, 2017 and August 4, 2022.
• The second Nationwide Class is based on claims or unjust enrichment, negligence, and design defect, consisting of all customers who own any of the vehicles in question in the US.
• The first Illinois Subclass is based on claims under the Illinois Consumer Fraud and Deceptive Business Practices Act for unjust enrichment and breach of implied or express warranty, consisting of all persons who bought any of the vehicles in question in Illinois, for personal, family, business, or household purposes, during the applicable statute of limitations period.
• The second Illinois Subclass is based on claims of unjust enrichment, negligence, and design defect, consisting of all consumers who won any of the vehicles in question in Illinois.

Article Type: Lawsuit
Topic: Automobile
Tags: Defective Automobile, Ignition or Starter System