Hyundai, Genesis Class Action Says BlueLink Services Stopped Working After 3G Network Phaseout [UPDATE]
Last Updated on January 16, 2024
Tamburo v. Hyundai Motor America (Corporation) et al.
Filed: January 18, 2023 ◆§ 1:23-cv-00282
Hyundai and Genesis face a proposed class action that says the driver-assist services in certain vehicle models have become inoperable with the phaseout of 3G wireless technology.
Illinois
January 16, 2024 – Allegedly “Inoperable” Hyundai, Genesis BlueLink Services Class Action Sent to Arbitration
A federal judge has ordered the plaintiff in the proposed class action detailed on this page to bring his claims before an arbitrator, citing the arbitration agreement provided to consumers in the BlueLink and other “connected services” features’ terms and conditions.
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In a 13-page opinion and order issued on January 2, 2024, United States District Judge Mary M. Rowland granted Hyundai and Genesis’ May 2023 motion to take the allegations to arbitration.
In the opinion and order, Judge Rowland agreed with the defendants’ assertion that the plaintiff had consented to arbitrate any disputes with the automakers, stating that the man had assented “three separate times” to multiple iterations of the connected services agreement, which contained arbitration and class action provisions.
“The evidence presented by Hyundai demonstrates that there is a valid and enforceable agreement to arbitrate,” the judge wrote.
As such, the judge paused any further proceedings, pending the outcome of arbitration.
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Hyundai and subsidiary Genesis are among the latest automakers to face a proposed class action that says the driver-assist services in certain vehicle models have become inoperable with the phaseout of 3G wireless technology.
The 15-page suit says Hyundai Motor America and Genesis Motor America knew as early as 2012 that Verizon’s 3G wireless services in particular would be shut down yet continued selling cars equipped with BlueLink and other “connected services” between 2014 and 2020 without warning consumers that the features would cease to function and be rendered obsolete.
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“[Hyundai] and [Genesis] knew or should have known since the inception of the BlueLink feature that 3G would be replaced by later generation 4G and 5G networks,” the complaint says, citing myriad publicly available notices from the Federal Communications Commission (FCC), public announcements from telecom companies about the transition and the automaker’s own communications with Verizon.
According to the lawsuit, Hyundai and Genesis deceived proposed class members by marketing, promoting, selling and leasing cars equipped with 3G telematics with the knowledge that the products would become obsolete given that they are inadaptable to 4G or later networks.
Per the suit, Verizon sunset its 3G network on December 31, 2022.
The filing looks to cover all persons or entities in the United States who are current or former owners and/or lessees of a vehicle equipped by Hyundai and/or Genesis with BlueLink and “connected services” such as the SOS emergency button and crash reporting.
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