Sarah Mirando  |  December 7, 2012

Category: Consumer News

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Hyundai Kia class action settlementKia Motors America Inc. has been hit with a class action lawsuit alleging the Korean automaker defrauded consumers by overstating the fuel efficiency of five of its top models.

Lead plaintiff Richard Woodruff alleges in the Kia class action lawsuit that the Kia Optima HEV, Rio, Sorento, Soul and Sportage experienced a surge in sales for their 2011 to 2013 models based on an “extensive and misleading” marketing campaign that promoted them as achieving class-leading gas mileage.

However, on November 2 the U.S. Environmental Protection Agency (EPA) revealed that Kia and its affiliate Hyundai Motor America had exaggerated car fuel economy estimates, and that most models actually received 1 to 2 miles per gallon less than advertised. The biggest discrepancy was with the Kia Soul, which actually received 6 mpg less than advertised. The debacle has been dubbed “MPG Gate” by the media.

“[Kia] inflated the results of mileage testing the company reported to the EPA and advertised that the affected vehicles achieved better fuel efficiency than actually achieved,” the Kia mpg class action lawsuit states. “This message was false and defendant failed to comply with EPA regulations which would have given consumers accurate information about the vehicles’ fuel efficiency.”

Hyundai has already been hit with a class action lawsuit over the fuel economy discrepancies, and a joint class action lawsuit was filed against Hyundai and Kia in November. Both companies have established a reimbursement program for current and former vehicle owners to cover the additional fuel costs that were incurred based on miles driven, plus an additional 15 percent of the reimbursement amount.

Hyundai and Kia customers with questions about the mileage reimbursement program can find answers at www.hyundaimpginfo.com and www.kiampginfo.com.

The Kia fuel economy class action lawsuit is brought on behalf of a proposed nationwide class of consumers that purchased a 2011-2012 Optima HEV, 2012-2013 Rio, 2012-2013 Sorento, 2012-2013 Soul (including the Eco) and the 2012-2013 Sportage. It is seeking restitution, disgorgement of profits, and damages for violation of California’s business code and false advertising law, fraud, negligent misrepresentation and deceit.

The Kia Fuel Economy Class Action Lawsuit case is Woodruff v. Kia Motors America Inc., Case No. 12-cv-06155, U.S. District Court for the Northern District of California. The plaintiff is represented by Deborah R. Rosenthal of Simmons Browder Gianaris Angelides & Barnerd LLC.

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88 thoughts onKia Fuel Economy Class Action Lawsuit

  1. scott west says:

    I have a 2019 Kia Optima S. engine was replaced at 23000 miles car now jas 67000 miles on it and I have been complaing about bas gas milage since day 1. Nothing has been done avout ti, I never received any paper work telling me anything about a cllass action sute, Please fill me in where do I go to file etc?Thanks for your help, scott

  2. Randall Farley says:

    Bought a brand new kia rio in 2013, sent me a letter “stating” I would receive 5,000 back in March 2021 but nothing yet…

    1. Stu Fletcher says:

      I purchased my 2012 Kia Optima new and still have it.. Unfortunately I was never notified by Kia Motors of this class action and missed out on filing a claim. I find that odd since I maintained the same address through late 2018 and always took the vehicle in for regular maintenance at the dealership where it was purchased. I did get notice to bring my Kia into their service dept so they could update the “computer program” to correct the MPG calculation it displays on the dash. After this, I noticed that the mileage logged on my drive from Marietta, GA to Tyler Texas now displays 670 miles when it previously showed at 705 miles before their update. So did Kia just “correct” MPG calculation by manipulating the odometer to reflect less miles traveled? That in itself would be misleading and fraudulent since it was never disclosed that they would provide an inaccurate odometer reading as a result of their MPG “correction”. Also, what if I was reimbursed by my employer for mileage based on their inaccurate low mileage? What about subsequent purchaser of used Kia vehicles who have an expectation that the mileage appearing on the odometer is true but yet it now logs fewer miles than actually exist? I’m surprised that no one else has made a issue of this, but perhaps no on has really noticed.

  3. Carrie Sullivan says:

    I’ve been waiting 6 years for my lump sum payment to be issued from the KIA mpg settlement, so I recently went online to get an update. I saw on the Kia Settlement website that the appeals have now been resolved and they mailed out settlement payments in December 2019. Customers with approved claims with valid email addresses were sent a notification email on November 26, 2019. That was 5 years after I submitted my claim, so my email address has changed and I never received the notice. I also never received the lump sum payment. I contacted the customer service number and mentioned that I never received the lump sum payment. The customer service representative looked into my file and said that it would need to go through an approval process, but they will reissue a debt card as they will be able to tell that it wasn’t used. She said that she would send me an email with an update. I received an email that unfortunately lump sum debit cards cannot be reissued and to call her supervisor with any questions. I called her supervisor, Jeff Stroup, and left a voicemail. I’m curious if anyone else has had an issue not getting their reimbursement and if I have any recourse as to getting this righted (if I’m not able to get anywhere with Jeff)?

    1. Amy Ladd says:

      Last I heard, there were appeals and we would get a card issued once the appeals were done. I live in the same house, same email, same phone number. Have never heard anything since 2016. Do you know which website to check on the claim?

    2. Anna M Begina AKA Anna Moody says:

      I also have not heard from them nor received any money

    3. Craig Powers says:

      I was given the same line and have never received a payment.

  4. Hylah Rushing says:

    February 21 2018 I want my money now. This has been one very LONG lawsuit. Tired of waiting.

  5. Britney Southard says:

    I am also waiting on my money.. Its been almost 3 1/2 years since this whole thing started.

  6. Hylah Rushing says:

    I want my money as soon as possible. I am tired of waiting for it. I bought my first 2012 Kia Soul in November 2011 and traded it in on a 2016 Kia Soul in December 2015. I like(d) both my Kia’s except for the gas mileage discrepancy on the 2012 Kia Soul. This settlement needs to be settled and the money sent to us now.

    1. Margaret C. Adamo says:

      It is now the middle of July 2017, where is our money?

  7. Julie says:

    I am STILL waiting on my settlement!! I feel it’s very unfair to expect consumers to wait this long to made whole again. I have been a loyal Kia owner for the last 15 years but I will NEVER buy another Kia vehicle again. The gas mileage was NOT what I was promised and now even my paint is peeling on the outside of my Kia Soul and it’s only 4.5 years old. Very disappointed and will no longer recommend this company.

  8. Sue Johnson says:

    I want my money as soon as possible or I am opening a new law suit against Kia they suck on there policies the seats stain supper easy plus on only a 11 gallon gas tank don’t get you no where especially when traveling I am only getting 25 miles per gallon almost ready to hire a lawyer. I was upset because the price on the window is not what they charged me it said only est. 16,000 but when the paper work was put together it was over 18 or 19,000 there explanation was to keep cars on the lot really I will never buy from a dealer again. They rip you off and don’t even know what comes with the car. Its to late I bought it but never will I recommend buying a vehicle Lake Manawa Council Bluffs. Rip Off!

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