Kias and Hyundais Easy to Steal, Says Class Action

One of the plaintiffs in this case, Ann Brady, bought a 2019 Hyundai Tuscan. It was stolen in 2022, this class action alleges, because of the defects laid out in the complaint, which claims that ten years’ worth of Kia and Hyundai vehicles have been defectively designed in a way that makes them easy to steal. The complaint brings suit against Kia America, Inc., Hyundai Motor America, and Hyundai Kia America Technical Center, Inc.

The vehicles include all 2011-2021 Kia models and all 2011-2021 Hyundai models, which the complaint alleges are all similarly defective.

Why are the vehicles easy to steal? The complaint alleges that they all violate a certain part of the Federal Motor Vehicle Safety Standard. It quotes the FMVSS as saying, “Each vehicle must have a starting system which, whenever the key is removed from the starting system prevents” two things, the “normal activation of the vehicle’s engine or motor” and “[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.”

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 operate the vehicle as they choose.

To add to the ease of theft, the complaint suggests that the windows are not attached to the security system and can be broken without triggering the 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 Iowa 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 Iowa Subclass is based on claims brought under the Private Right of Action for Consumer Frauds Act, and for unjust enrichment or breach of implied or express warranty, consisting of all persons who bought any of the defective vehicles in Iowa for personal, family, business, or household purposes, within the applicable statute of limitations period.
• The second Iowa Subclass is based on claims of unjust enrichment, negligence, and design defect, consisting of all consumers who own any of the defective vehicles in Iowa.

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