— Hyundai has filed a motion to dismiss a class action lawsuit that alleges anti-lock braking system (ABS) module recalls were issued too late and won't fix the problems.
According to the Hyundai class action lawsuit, multiple models are at risk of fires if the modules corrode from moisture.
The modules have electrical current running through them even when the vehicles are shut off, but electrical short circuits can allegedly set these vehicles ablaze.
- 2007-2010 Hyundai Elantra
- 2009-2011 Hyundai Elantra Touring
- 2007-2008 Hyundai Entourage
- 2007 Hyundai Santa Fe
- 2006-2011 Hyundai Azera
- 2006 Hyundai Sonata
- 2006-2010 Kia Sedona
- 2007-2009 Kia Sorento
- 2008-2009 Kia Sportage
The plaintiffs assert Hyundai and Kia ABS module recalls in 2016, 2018 and 2020 weren't good enough.
The lawsuit alleges that even if Hyundai's recall repairs do help to prevent ABS module problems while the vehicles are turned off, the recalls allegedly don't prevent fires from occuring while the vehicles are running.
Hyundai's Motion to Dismiss the ABS Module Lawsuit
In its motion to dismiss the ABS class action lawsuit, Hyundai argues the claims are barred by the statute of limitations and because the plaintiffs lack standing to assert the claims.
Hyundai also says the claims are barred because any losses claimed by the plaintiffs were not caused by Hyundai's statements or omissions. Additionally, the claims are allegedly barred because any alleged injury is too speculative.
The automaker told the judge the lawsuit cannot be maintained as a class action because the proposed classes fail to meet federal requirements.
All the claims are also allegedly barred because the plaintiffs consented to all of Hyundai's actions and conduct, and "because any loss or injury claimed to be suffered by Plaintiffs, if any, resulted from the misuse, negligence, omissions, lack of diligence, and/or fault of Plaintiffs."
Breach of implied warranty claims are allegedly barred because the plaintiffs didn't provide Hyundai with the opportunity to fix the alleged problems. The plaintiffs also allegedly failed to provide Hyundai with timely notice of a breach of warranty.
The plaintiffs also allegedly didn't suffer a "cognizable injury" if the vehicles didn't have any ABS module problems.
The Hyundai ABS module lawsuit was filed in the U.S. District Court for the Central District of California: Zakikhani, et al., v. Hyundai Motor Company, et al.
The plaintiffs are represented by Lenze Lawyers, PLC, and Fegan Scott LLC.
