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|Hyundai Elantra/Sonata MPG Class Action Lawsuit Tentatively Certified|
- Friday, 30 November 2012 12:18
Hyundai Elantra/Sonata MPG Class Action Lawsuit Tentatively Certified
By Sarah Pierce
A federal judge yesterday said he plans to certify a class action lawsuit accusing Hyundai Motor America of falsely advertising the fuel economy of its Elantra and Sonata models.
Hyundai and Sonata buyers sued the Korean automaker earlier this year after discovering their cars were not receiving 40 mpg as advertised. U.S. District Judge George H. Wu said the case “is probably going forward as a class in some way, shape or form” after tentatively ruling the class action lawsuit should be limited to California consumers because Elantra and Sonata buyers in other states aren’t covered by California’s consumer protection laws.
Judge Wu based his decision on evidence the plaintiffs presented showing Hyundai engaged in an extensive advertising campaign that touted the Elantra and Sonata as receiving 40 mpg on the highway. Judge Wu said the marketing efforts were extensive enough that consumers could have relied on the ads in making their decision to buy the vehicles.
“Plaintiffs have exhaustively detailed the extensive scope of the challenged advertising,” Judge Wu said in tentatively granting class certification of the Hyundai Elantra/Sonata class action lawsuit. “It appears almost impossible for Hyundai to dispute the extensive sweep of its marketing efforts as to the fuel efficiency of the Elantra and Sonata vehicles.”
The Hyundai fuel economy class action lawsuit focuses on the way the company advertised its fuel economy numbers, alleging the ads did not comply with regulations about how EPA mileage estimates are to be displayed.
Hyundai has been the target of multiple class action lawsuits and an investigation by the U.S. Environmental Protection Agency over its allegedly inflated fuel economy numbers for a variety of vehicles.
In November, the EPA announced that Hyundai and its sister company Kia has overstated the gas mileage on nearly 35% of their 2011-2013 model-year vehicles.
The tentatively certified Hyundai Elantra/Sonata Gas Mileage Class Action Lawsuit case is Kehlie R. Espinosa v. Hyundai Motor America, Case No. 12-cv-00800, U.S. District Court, Central District of California.
The Plaintiffs are represented by Richard D. McCune, Elaine S. Kusel and Jae K. Kim of McCuneWright LLP.
Updated November 30th, 2012
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Last Updated on Thursday, 27 December 2012 11:09