— A Hyundai Bluelink 3G shutdown lawsuit has been stayed and sent to arbitration after the federal judge ruled the owner who filed the class action lawsuit signed a valid arbitration agreement.
According to the Hyundai class action lawsuit, the Bluelink system depends on the 3G Verizon wireless network which shutdown its 3G wireless service December 31, 2022. All 3G wireless networks were phased out as wireless providers moved to 4G and 5G wireless.
Illinois plaintiff John Tamburo filed the 3G class action by alleging between 2014 and 2020, Hyundai sold vehicles equipped with Bluelink 3G wireless knowing it was needed for emergency and crash reporting.
But Hyundai also allegedly knew 3G wireless would be upgraded to 4G LTE because Verizon allegedly said in 2010 it would eventually happen.
But the plaintiff asserts Hyundai failed to design their connected services system in a way that could be upgraded.
Hyundai's Motion to Compel Bluelink 3G Arbitration
According to Hyundai, the plaintiff signed all required purchase documents in June 2017, and the plaintiff was told he needed to activate Bluelink and connected services.
The plaintiff contends he wasn't told he had to accept any terms and conditions to activate Bluelink. In addition, the plaintiff claims he didn't know the terms required arbitration instead of lawsuits.
Hyundai says after the original Bluelink subscription expired, the plaintiff signed up again in 2021 by agreeing to the terms.
According to the judge, the plaintiff agreed to the terms as part of the reactivation process when he checked the box acknowledging that he “agreed to the Terms & Conditions” upon payment.
"YOU AND HYUNDAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN [AN] . . . INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING[.]" - Hyundai Bluelink agreement
The judge ruled the agreement further says, “[a]ll issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement’s terms and conditions.”
In addition, the judge found the agreement is bound by the Consumer Arbitration Rules of the American Arbitration Association.
Judge Mary M. Rowland granted Hyundai's "motion to compel arbitration and stay proceedings."
The Hyundai Bluelink 3G shutdown class action lawsuit was filed in the U.S. District Court for the Northern District of Illinois (Eastern Division): John Tamburo v. Hyundai Motor America Corporation, et al.
The plaintiff is represented by Edelman Combs Latturner & Goodwin, LLC.
