Important Information: Hyundai Paint Class Action Dismissed
Attorneys working with ClassAction.org are no longer reviewing claims involving peeling paint on Hyundai vehicles. The proposed class action claiming that Hyundai sold cars with defective paint has been dismissed. Read on to find out why.
On August 21, 2017, a California federal judge dismissed a proposed class action claiming that the paint on certain Hyundai vehicles (2006-2016 Santa Fes, Sonatas and Elantras) would start to peel too soon after the cars were purchased.
Why Was the Lawsuit Dismissed?
When it comes down to it, the court simply found Hyundai’s claim that its paint would “stand the test of time,” was more puffery than promise – especially since the cars came with a three-year, 36,000-mile warranty. Backing this up, the dismissal notice said, was the fact that most people’s paint peeled after the warranty period had expired – and that paint shouldn’t be expected to last forever.
The court also said that the plaintiffs failed (on several occasions) to provide proof that Hyundai knew about the “defect,” attempted to conceal the problem, and refused to provide compensation for those who bought the affected vehicles.
This case has been dismissed with prejudice – meaning that it can’t be refiled after changes are made to the complaint – so it looks like this is the end of any hopes for a class action. Though to be fair, the case was already on its last legs when a similar complaint was dismissed back in April 2017.
Isn’t There Anything I Can Do?
Unfortunately, there are only a couple of options left for anyone affected by the peeling paint problem. You could either speak with an attorney to find out if an individual lawsuit would be a viable option, or you could take the matter to the manufacturer – where hopefully a warranty will have you covered.
In light of the dismissal, attorneys working with ClassAction.org no longer need to hear from people with Hyundai paint problems. The information below is for reference only.
Attorneys working with ClassAction.org are investigating whether a class action lawsuit can be filed on behalf of Hyundai owners who experienced problems with the paint on their cars. They’ve read through dozens of complaints from Hyundai owners who say the paint “bubbled” or peeled off their cars and have reason to believe a defect may be to blame for the problem.
What Issues Are Hyundai Owners Reporting?
A number of Hyundai owners have complained that the paint comes off in “chunks” and that repair shops have indicated that there is an inherent problem in the paint itself. Some of their complaints can be read below [sic throughout]:
“My 2009 Santa Fe started to peel back in December. I was washing it and noticed about a 1" spot of paint coming off on the hood just above the headlight. I took it directly to the dealer and was informed that with 38,500 miles it was out of warranty. I painted the spot but it has since grown to about 3" x6". Two more spots on the hood have started to appear, Did I HEAR CLASS ACTION.” Maxwell65, Edmunds.com
“My Santa Fe has paint bubbling on the hood, above the windshield, and along the driver side door. I spoke to consumer affairs today and they advised me to take it to the dealership and have them look at it and they said whatever the dealership says they will honor. Well I took it this afternoon and three different managers said the same thing....looks like a bad paint job!!. So they put a claim in with Hyundai and we play the waiting game.” Rmervin, Edmunds.com
“The paint on the roof of my Sonata is continuing to peel. It started in 2012, just at the lip where it meets the windshield. It was one small chip that has grown in size. The problem has spread all along this lip in different areas (not connected) and each area continues to get larger. Hyundai says I have to pay for the paint to be fixed. Why is a four-year-old car needing paint fixed when there has been no damage?” Jessica W., Louisville, Kentucky, CarComplaints.com
“I bought my elantra used and the paint is peeling on the hood. It appears to have just started and is peeling quickly. Does anyone have any suggestions on how I can stop it from peeling further? or... do you know if there is a hidden warranty regarding paint peeling. My car has 77 000 km. Please help” jmcneill, HyundaiForum.com