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Hyundai and Kia Face Defective Automotive Class Action Lawsuit

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Santa Clara, CA: Hyundai and Kia are facing a defective automotive class action lawsuit alleging the paint on 2006-2016 Hyundai Santa Fe, Sonata, and Elantra vehicles contain an identical and inherent defect which causes the paint to bubble, peel and flake off the vehicle, which can lead to rusting and corrosion.

Filed by Michelle Resnick, Shelby Cramer, Lauren Freed, Paul Sandlin, Patricia Reynolds, Christopher Baker, and Tara Mulrey, individually and for all others similarly situated, the suit claims vehicle owners must either live with these problems or spend significant amounts of money to repair and repaint the vehicles.

The suit claims breach of express and implied warranties, negligent misrepresentation, fraudulent concealment, unjust enrichment, violation of California's Consumer Legal Remedies Act, violation of California's Business and Professions Code, and violations of unfair and deceptive trade practices acts in several states.

The plaintiffs and other class members are represented by attorneys Richard D. McCune, David C. Wright and Jae K. Kim of McCune Wright in Redlands, California, John A. Yanchunis, Marcio W. Valladares and Patrick A. Barthle II of Morgan & Morgan Complex Litigation Group in Tampa, Gregory F. Coleman and Lisa A. White of Greg Coleman Law in Knoxville, Tennessee, and Jean Sutton Martin of the Law Office of Jean Sutton Martin in Wilmington, North Carolina.

The case is US District Court for the Central District of California Case number 8:16-CV-00593-BRO-PJW.



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Reader Comments

Posted by

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I purchased a 2021 black Kia Sorrento on January 21st, 2021. I barely have 5000 miles on the car. Already the clear coat is bubbling and peeling on the front end and love bug season hasn't even started. The service manager told me to hand wash the car so that is what I am doing and I still have a paint issue. I have never had a car that I couldn't use the car wash with. White marks show on the car like lines from the car wash brushes. What kind of paint and paint job is that. I think that their quality control was out sick with Covid when my car was manufactured. I will confront the manager tomorrow about this. I paid $4500 on top of the $45,000 price of the car for an appearance package and the paint is supposed to be guaranteed for 7 years, I have had the car 8 months!!!

Posted by

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I have a 2013 Kia Sorento with the same paint peeling problem which just started in March, 2020. I have been told by a automotive body shop that this is a defective paint issue. I have looked on the internet to find out there are thousands of people with the same issue. There is no way that Kia should be allowed to ignore this problem. How can I become a part of this class action lawsuit against such a dishonorable company?? Someone please let me know how I can join !!! Thank you.

Posted by

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I have a white 2013 KIA Optima & it has been peeling for about a year & a half now..It's getting worse everyday..I hate driving it now bcuz of it but I don't have the money to get it painted..KIA needs to be held accountable for such poor paint jobs & recall

Posted by

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have 2013 kia Sorrento pearl white 52000 miles paint peeling off above windshield and door no response from dealership what to do

Posted by

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I have a 16 Kia Optima with pearl white paint that is chipping on the hood and also around the windshield. I was advised this was not covered under extended warranty. I purchased this car used with 36k miles less than a year ago. Every time I wash my car more paint chips away. I contacted Kia and was advised that nothing could be done by Kia to correct this.

Posted by

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I have a Hyundai GT that has severe top coat peeling on several areas of the car. Some of the areas are really in bad shape. I have spoken to my dealer's service department and they don't seem to think that there is anything they can do.

Posted by

on
I have a 2015 Kia Rio and the clear coat is bubbling up on my car, also there is what appears to be a film on the windows that is cracking and wrinkling up.

Posted by

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i have a 2011 Kia Sportage. Top of the line car with every bell and whistle offered that year. paint is bubbling up and peeling. I would like to see them have to recall for this issue. Seems like a widespread problem.

Posted by

on
Same problem with my 2003 Hyundai Elantra. Paint bubbling, chipping and peeling off on the hood of my car.

Posted by

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Our 2004 Sorento with white pearl paint has been chipping and peeling, like everyone else. The dealer told my husband Kia won't do anything about it because it started out of warranty. As this should not be treated like a warranty issue (clearly a defect in paint or paint application), I forced the issue by requiring pictures at the dealership. My husband told me they said our request for repair is denied and will be issuing a letter - of which we have not seen since the conversation. Class action in California was dismissed because Kia did not know when they sold the cars they had the defect and because "anonymous" complaints could not hold Kia responsible, among some other obvious loopholes. I am still going to see an attorney anyway to see if another "proper" suit that meets all the courts reasoning for dismissal is possible.

Posted by

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I have a 2013 KIA Optima SXL Snow white pearl and the paint is peeling everywhere on the car. Huge chunks of paint keep falling off. Took to dealership who told me it was out of warranty and to contact corporate. Contacted Corporate and they told me to send pics and to get a quote and opinion that it was a defect. So sent pics and estimate to rep I was working with who sent them to district manager Joseph Hegmann. He then told the customer service rep to tell me to take the car to a dealership so they can process it. So I took the car to the dealership and they took more pics and submitted to Joseph Hegmann again. Then they wanted the same estimate that was already sent. I did everything they requested but have received radio silence for several months now. I tried calling corporate again but they just tell me they will contact me when there is an update. I have also reached out to the dealership asking if they could follow up for me but they pretty much ignore me. Get this I have bought 3 KIA's and have them all serviced by KIA dealerships but this means nothing to them so I guess they have lost a lot of business.

Posted by

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I have a 2013 Kia Optima with Snow White Pearl paint. My paint is peeling off on both of the pillars next to my glass roof. It is also starting to peel off on the trunk. I would say about 75% of the paint is flaked off the right pillar and 25% of the paint is flaked off the left pillar all the way to bare metal.
I took it to the dealership and was told it was out of warranty for the paint and tried to call KIA corporate. The KIA representative had the audacity to agree that the paint should not flake off within 5 years and that there must be a defect but said there is nothing they can do because it's out of warranty. This is definitely a KIA problem and they should take care of it whether its out of warranty or not. Paint jobs don't start peeling for no reason. I have owned numerous other cars and none of them have ever had the paint peel off. I believe KIA should take care of this problem, especially before it gets worse. I am not happy about this and will not ever buy a KIA again. Can anyone tell me if this class action is still going on and how I could join it?
Jeff from Corona, Calfiornia.

Posted by

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I have a 2012 Kia Optima that the paint has started lifting off of the primer. It is not adhering and coming up around the window and the rails above the front and rear doors. Has a class action lawsuit been awarded and is there any way to move forward to get the paint repaired.

Posted by

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Our 2010 red Kia Soul has had paint issues for several years. Initially it was paint chipping of in various areas of the vehicle. Now the clear-coat is peeling off in various areas around the car. Kia was not helpful at all years ago with the chipping and I expect no less now with this issue. Based on these experiences, I will not purchase a Kiai product again.

Posted by

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Yes,...I feel for ALL of you who are having to endure
Kia's malicious and overt BS in relation to your less
than quality paint issues. I too, am one of the fold. Please feel free to view my unpleasant story at
"Pissed Consumer". Kia Motors needs to be harshly
and effectively dealt with about these situations. There is absolutely no excuse for this ongoing scam.
I spent five years paying for what my wife terms "a pretty piece of s--t". True that.

Posted by

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I'm terrified to drive my 2017 Santa Fe Sport Ultimate 2.0 only having it a little over a year. Four times in just a little over a month now I've come close to two t-bone collisions, getting rear ended by an 18-wheeler and hitting a mother with her small infant in the back seat of her vehicle because the vehicle I love drives like someone filled the engine or gas tank full of sawdust. I've called the Dealership, always conveniently just stepped away, service department informed me there's just no fix. My husband has a good depth of experience in cars...so I now wait to find out if I die or kill someone is that how we operate; sacrificial lambs for the greater good. All of these concerns above go back as far as 1986 [just different model names so it's not that easy to catch] AND if others don't come forward with their concerns, the Lady whose incident in South Korea in her Hyundai will never receive her undo justice.

Posted by

on
My 2012 soul has paint issue..The back the paint bubales up and flakes off.My Soul is starting to rust..I bought this vehicle new and still paying on it..this started about 2 years ago and Kia will not fix it..urgg

Posted by

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I have a 2007 Hyundai Sonata purchased in 2006. My first problem with paint peeling happened about 5 years ago and Hyundai told me/us the problem was ours. In the last 4 years larger areas have continued to peel. I would like to be part of any class action suit.

....Also my mileage has been poor. I purchased the Sonata during high price gasoline Mileage was a main reason for purchasing the Sonata. Mileage has averaged 19-20 mpg. Every time I asked about the poor mileage. I was told it would get better with time. I was told the dealership could not fix the mileage and they had no other complaints about mileage.

Posted by

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I have a 2016 Kia Soul with rust spots all over. Kia service said it was "rail dust" from being hit with debris during transport to dealer. Will not fix.

Posted by

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I have a 2016 Kia Sedona and my paint is flaking and chipping off. I have a crack underneath my passenger door that is now flaking and chipping off. I have had several "chips" of paint and I havent even had the van 8 mos.

Posted by

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Have same problem with 2007 Sonata with large patches of peeled paint spots exposing down to the metal.

Posted by

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I have a Kia optima, My wire harness went on my car they said that rodents eat the wire harness , I just found out that the harness are made with soybean and rodent,s love to eat. Right now my car has been at dearship for two weeks.
It's bad for my insurance company who has pay the bill
Can you imagine how insurance company had to pay the
Bill so far my bill is $4200.00 plus my car rental.

Posted by

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I have a 2012 Sonata. Upon washing my car, the paint bubble and peeled all over the bumper.

Posted by

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My 2013 Hyundai Tucson has peeling paint. Is there a lawsuit for this car also?? The car looks good until you look at the top of the hatchback.

Posted by

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Bubbling and blistering on my 2012 Rio as well. Dealership hasn't been too helpful, also claiming they've never heard of such a thing, so I am dealing with customer affairs to get something resolved.

Posted by

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I have a 2013 Sante Fe Sport. I was washing the car at a car wash and noticed the clear coat bubbling. I immediately stopped washing the car. I took it to the dealer and they told me it wasn't covered under warranty and that I was somehow at fault. The service manager, general manager and district manager all claimed they had never heard of this problem. I kindly educated them on all the available information I could find, including handouts I printed, regarding this problem. After a lot of back and forth and them realizing I wasn't going away the general manager gave in and had the bumper painted. This doesn't fix the paint on the rest of the car, though. If it happened on the bumper , it's going to happen to the rest of the car in time.

Posted by

on
I have. A 2009 Santa Fe with all the paint peeling as well. The cost to have it repainted is more than the car value.

How do I join in in this to get paint fixed????


Thank you

Posted by

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I have a 2009 Sonata Pearl White with paint peeling and flaking off the hood and now roof. Looks like every picture I seen posted with the same problem.

I live in Virginia. How do I join this lawsuit?

Posted by

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Have a 2010 Elantra. Paint is peeling in a number of spots on the roof. Brought this to the dealers attention during a routine checkup. Came back and said it was not covered under warranty but they would be happy to repaint the roof for only $500. I have documented the peeling w/ photographs and measurements. Went through a car wash and a 2 inch diameter of paint came off revealing a big spot of rust. The only way that could happen is that the primer failed exposing bare metal.

Posted by

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I'm facing the same issue with premature rusting on my Hyundai Elantra 2012. I discovered the rust inside my trunk a little less than 2 years old (2013/2014) I have brought up the issue to my current Hyundai dealer/shop but since then they've had several managers. It's been a frustrating chase with them. I've been dragged along since 2013/2014 and was finally told on July 2016 that it is not under warranty. It is not normal for a car to start rusting after just 2 years or so. I take very good care of my car/s and have not had any issues with rusting before. I need help. This issue is clearly not just with me.

Posted by

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This has happened to me also, I had to get my car touched up because it started to rust in creased areas (door, hood) and the gloss is peeling off. Let me also add my matts no longer stay in place, they snap off and slide into of the exselorator.

Posted by

on
It does it on the 2006 Tucson as well, and after I bought it in Victorville, Ca, I pointed it out to them, and they refused to do anything about it, or even report it to the main office. It started around the doors, and popped up all over the car. I still have it, but was really ticked that when you pay for a car in cash, that they won't honor the Warranty.

Posted by

on
My 2010 Sonata Limited started peeling last year (2015), within months of paying it off. When I bought the car, the dealer automatically signed me up for an extended warranty on the paint. I didn't notice until I went home and read the fine print on the contract. I went back and made them take it off, little did I know, there was a good reason. This was to be my "retirement" car. Now it has lost all its' value.

Posted by

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I have a 2008 sonata paint on top is flaking a little and on bumper

Posted by

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I have a 2007 Sonata GLS. The paint always has seemed thin and within 5 months of purchase, I notice that rust spots were coming through on the trunk! I have meticulously hand washed this car. I have also waxed it wtih Once A Year wax at least 4x a year to keep this problem at bay. Paint layer is flaking off of parts of it now.

Posted by

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2001 Hyundia top coat is gone from hood, roof and trunk and there are bubbles/rust above tire wells. I have noticed the exact same paint issues in every single "ocean blue"(greenish color) hyundia I have seen!! This class needs to expand,

Posted by

on
My 2006 Hyundai Elantra has large areas of paint failure on hood & roof. I live in Pahrump, NV. Please contact me if you need any other information.

Posted by

on
We discovered 6 recalls on our 3rd Prius (2012) after the 2007 was bought back then 2012 recall
of computer system failure. We had to replace it
out of pocket so we must sue the manufacturer &
dealer for failure to notify us under this Breach Of
Express & Imlied Warranty! Thanks for information!

Posted by

on
I have a 2013 Hyundai Sonata and my paint on the rear and roof has started to peel

Posted by

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Still have the car; the pain is flaking off on the rear and top parts of the rear and left back top panel. Please contact me if there is anything that you need from me.

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