Hyundai named in class action over defect in 7-speed dual-clutch automatic transmission Hyundai Sonata and Hyundai Elantra vehicles

Hyudai

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Plaintiffs bring this action on behalf of all persons in the United States who purchased or leased any Hyundai Veloster, Hyundai Sonata (Eco) and Hyundai Elantra (Eco) vehicles equipped with a 7-speed dual-clutch automatic transmission (DCT) (collectively, “Hyundai Vehicles” or “Class Vehicles”)1 designed, manufactured, marketed, distributed, sold, warranted, and serviced by Hyundai Motor America, a California corporation.

In October 2014, Hyundai premiered its 7-speed DCT, designed to “provide an improvement in fuel consumption and CO2 emission compared to a conventional six-gear automated transmission, while acceleration performance increases” and featuring two dry clutches that transfer engine power “independently into the odd and even gear train to always be ready to shift into the next gear.”2 However, Plaintiffs allege on information and belief that Hyundai’s 7-speed DCT contains a design defect in the Transmission Control Module (“TCM”) that causes, among other problems, failure to shift, stalling, delayed acceleration, or loss of power (“TCM Defect”). The TCM is a small electronic component within the powertrain that processes data from various sensors throughout the engine in order to determine the optimal gear for shifting and fuel-economy.

On information and belief, the TCM is defective because it fails to interpret data from the vehicle’s sensors properly, thus miscalculating both the appropriate gear and the correct shift timing, which results in an unresponsive accelerator pedal and stalling. Since 20 4. 15, in an effort to address owner complaints regarding the TCM Defect, Hyundai has issued Technical Service Bulletins (“TSBs”), as detailed below. However, these efforts failed to resolve the TCM Defect.

The TCM Defect causes unsafe conditions, including the transmission failing to shift, stalling, and delayed or unresponsive acceleration, especially from a stop. These conditions are hazardous because they severely affect the driver’s ability to control the vehicle during normal driving conditions and prevent drivers from accelerating to maintain safe speeds in traffic. For example, the TCM Defect may make it difficult for drivers to accelerate safely from traffic stops because Class Members’ vehicles hesitate, fail to shift gears, and stall when drivers try to accelerate from stops.

Since at least 2015, through consumer complaints and dealership repair orders, among other internal sources, Defendant knew or should have known that the 7-speed DCT in the Class Vehicles contained a design defect that diminishes the drivability of the Class Vehicles and causes safety hazards, in part because the same concerns were expressed regarding the 2016-2017 Hyundai Tucson that is equipped with the same 7-speed DCT and TCM.

On information and belief, Defendant’s corporate officers, directors, or managers knew about the TCM Defect but failed to disclose it to Plaintiffs and Class Members, at the time of sale, lease, repair, and thereafter. In fact, in or around August 2016, Hyundai issued a Technical Service Bulletin (“TSB”) for Hyundai Tucson vehicles equipped with the 7- speed DCT and a limited recall in September 2016 for certain of the same vehicles informing its dealers that a faulty “transmission clutch application logic can result in a delayed engagement when accelerating from a stop” or fail to accelerate at all “if the accelerator pedal is repeatedly cycled.” Hyundai dealers were instructed to reprogram the TCM in the affected vehicles. However, both the TSB and the recall were limited to the 2016 Tucson, despite owners complaining of similar issues in other Hyundai vehicles equipped with the same 7-speed DCT.

Because Hyundai will not notify Class Members that the 7-speed DCT is defective, Plaintiffs and Class Members (as well as members of the general public) remain subject to dangerous transmission malfunctions that can occur without warning. As alleged, the alleged TCM Defect was inherent in each Hyundai Vehicle and

was present in each Hyundai Vehicle at the time of sale. Hyundai knew about and concealed the TCM Defect present in every Class Vehicle, as well as its attendant hazardous conditions, from Plaintiffs and Class Members, at the time of sale, lease, repair, and thereafter. In fact, instead of repairing the defects in the 7-speed DCT, Hyundai either refused to acknowledge their existence or performed repairs that simply masked them.

If they had known about these defects at the time of sale or lease, Plaintiffs and Class Members would not have purchased or leased the vehicles.

Complaint


Tomas M. said
621 days ago
My eco never felt right. Dealership crafted countless excuses none making any sense but I felt hopeless pleading to them. Now my car has gotten alot worse. They say I need to pay $7000 for a new transmission but what's to stop this from happening again?


paul a. said
564 days ago
2016 tuscson.....1.6 t eco


goudaye d. said
521 days ago
last year I was driving a brand new Hyundai elantra after a year or so, I was driving about 60 mph the engine froze the car was towed to the dealers . they said it was an engine problem and they gave me a loaner. I told them I cannot drive the same car, with such a problem , so they suggested a 2916 Hyundai sonata. I agreed and took the car with additional money, however january 16 of 2017 I was trying to back out of the a parking lot at slowly at 3 miles an hour. the car accelarted at about 30 miles an hr jumped a curb towards the right skidded and hit a parked uhal and the impact also caused the uhal to hit another car, the brake and the steering wheel froze. by the grace of god my life was spared the car had a total damage of 8000 still sitting in the body shop. I refuse to drive another car manufactured by hundai


goudaye d. said
521 days ago
last year I was driving a brand new Hyundai elantra after a year or so, I was driving about 60 mph the engine froze the car was towed to the dealers . they said it was an engine problem and they gave me a loaner. I told them I cannot drive the same car, with such a problem , so they suggested a 2916 Hyundai sonata. I agreed and took the car with additional money, however january 16 of 2017 I was trying to back out of the a parking lot at slowly at 3 miles an hour. the car accelarted at about 30 miles an hr jumped a curb towards the right skidded and hit a parked uhal and the impact also caused the uhal to hit another car, the brake and the steering wheel froze. by the grace of god my life was spared the car had a total damage of 8000 still sitting in the body shop. I refuse to drive another car manufactured by hundai


Patricia P. said
497 days ago
I purchased a 2016 Tucson Limited in February of 2016...The transmission was always jumpy but in June it started to just sit at a standstill when I tried to accelerate..it was so scary - i took it to service right away and they treated me like it was the way I was driving the car...after I had the car in 3 times I found the issue on the NHSA sight and that it was going on for quite a while..the dealer denied that they knew anything...They did several "fixes: - none if whuch worked - I almost got hit twice with that car and i was so scared to drive it..I ended up trading it in on another car in August 2016 and I lost a good chunk of money that I would like back


Melissa M. said
431 days ago
I paid cash for Hyundai sonata 2014, 1/1/2014. I heard the clicking noise in the motor from day one and said something to service about it. I was told that they all sound that way. I gas will stick a lot and take off very fast by only tapping the gas pedal with my foot. I do not get the gas mileage it said I would get, The two front axels have been replaced already, and there is deep chips in the pain job and the hood looks like it has bulked underneath it.


Melissa M. said
431 days ago
I paid cash for Hyundai sonata 2014, 1/1/2014. I heard the clicking noise in the motor from day one and said something to service about it. I was told that they all sound that way. I gas will stick a lot and take off very fast by only tapping the gas pedal with my foot. I do not get the gas mileage it said I would get, The two front axels have been replaced already, and there is deep chips in the pain job and the hood looks like it has bulked underneath it.


Alexander R. said
401 days ago
Good Evening,

Same Issues as everyone else and this is my 2nd 2016 Hyundai Tucson. How many people have to be hurt or even worse before Hyundai accepts responsibility for the 7 Speed DCT Transmission and Repurchase every one of these unsafe vehicles?


Gary H. said
398 days ago
My wife has 2016 tuson with dct trans .. What a joke 12000 miles and the car stalls out coming to a stop .. Jerky feel while taking off . we spent almost 40 on this car and we feel ripped off


Valerie D. said
324 days ago
I bought a 2013 Veloster in March 2017 and in August the transmission totally failed while I was driving on the highway. It was so scary. Had it towed it to the dealership where they quoted me $7000 to fix it. Also I'm 2,000 miles over the 60k warranty, so it's all out of my own pocket. I'm not happy with Hyundai at all. And even if I do fix the car, what is to stop this from happening again? I don't want to drive this car ever again.


Lindsay M. said
323 days ago
How do I join this lawsuit? I lease a 2017 Sonata turbo limited that was manufactured in 2016. less than 3,000 miles in, I needed a brand new transmission. I am now approaching 7,000 miles and am fearful that I am experiencing the same issues that initially led to the transmission being replaced. When i first brought my vehicle to the service department they could not replicate the problem and came up with zero codes. I was also told I must not know how to drive a dual-clutch transmission. Insulting to say the least. I realized at this point, unless I could prove I was having issues with my brand new vehicle, they weren't going to be of any help. So.....after MANY more very fearful drives in this vehicle, I was able to capture the issue on video. I went back to the service department and showed them the video and they looked at me like deer in headlights. Their lack of concern and "service" had me so frustrated I broke down in tears. I told them this was unacceptable and I did not feel safe driving this vehicle. Only after making some noise did they take a closer look. Lo and behold a week after leaving the car with them I have a brand new transmission. (They also did not "do" loaner cars and it was a hassle to get them to pay for a rental...a rental I ended up paying $80 in taxes and fees for.) My boyfriend's brother-in-law owns a highly reputable transmission business, and he stated if it was manufactured in 2016 the transmission is complete garbage. He said from his own hands on experience with similar circumstances, Hyundai is well aware of this issue and does not yet have a solution and are just keeping people in the dark. This is my third Sonata and I hate it. This and a nightmare experience with HMF and a deceitful dealer have left me feeling absolutely helpless in my situation (and with an atrocious credit score.) Even if this problem I am experiencing does not progress to the severity I had previously experienced, it is still unacceptable and unsafe. To be paying $420 a month for a vehicle I am not 100% happy with is NOT okay. I still have the video I took if anyone is interested in seeing it.


Lindsay M. said
323 days ago
https://youtu.be/gKNOsyCfVI4
Video of my problem


leamon c. said
296 days ago
hame problemaving the s


leamon c. said
296 days ago
hame problemaving the s


Domingo R. said
287 days ago
Same issues in a Tucson Limited AWD 1.6t.


JD W. said
284 days ago
2015 Sonata Eco 1.6 DCT: From a stop I accelerated slowly & heard my transmission BANG into gear. Not sure if it was 1st or 2nd gear. It wasn't a clunk but a harmful loud bang that the 2 of us felt in our seats.


Kelly C. said
278 days ago
I have a 2016 Sonata Eco that I am scheduled to take into service today because the check engine light came on. It has 44K miles on it and I am beyond aggravated. I was lucky enough to have owned a 2011 Sonata that was part of the huge engine recall that died (on my way to the ER with my daughter) and the engine that replaced the first engine was also defective. I am now kicking myself for purchasing a second Sonata and giving Hyundai a second chance. Since I purchased this car it has always been "jerky" when taking off, like a stuttering and you can hear a click in the transmission, usually in the first gear change. I was told that was "normal" for the Eco's. Unbelievable....


Michaele O. said
276 days ago
I have a 2015 Hyundai Sonata Eco with 24,000 miles. Last week it was acting up, not accelerating right and acting like it was going to die. A day later, the check engine light came on. I took it to the dealership the very next morning. Apparently, it has a faulty clutch assembly. They don't know how it happened. The part is on order and i have been given a rental car until it is fixed , but this really concerns me. Is my transmission ok? Will this happen again?


Michaele O. said
276 days ago
I have a 2015 Hyundai Sonata Eco with 24,000 miles. Last week it was acting up, not accelerating right and acting like it was going to die. A day later, the check engine light came on. I took it to the dealership the very next morning. Apparently, it has a faulty clutch assembly. They don't know how it happened. The part is on order and i have been given a rental car until it is fixed , but this really concerns me. Is my transmission ok? Will this happen again?


Michaele O. said
276 days ago
I have a 2015 Hyundai Sonata Eco with 24,000 miles. Last week it was acting up, not accelerating right and acting like it was going to die. A day later, the check engine light came on. I took it to the dealership the very next morning. Apparently, it has a faulty clutch assembly. They don't know how it happened. The part is on order and i have been given a rental car until it is fixed , but this really concerns me. Is my transmission ok? Will this happen again?


Michael S. said
236 days ago
I have a 2016 Sonato Eco. The transmission is garbage. I brought it in for service before even putting a second tank of gas and they acted like I was bad at driving. They ended up updating the TCM a few months later which helped a little. There hasn’t been a single day of driving where I am not yelling at my car to go after pressing the gas and standing still for a couple seconds. I know I am going to get Tboned eventually in this car. It’s only a matter of time.


ARNEL J. said
202 days ago
i've been having this problem since i got the car. took it to the dealer 4 times. they always come with an excuse. i thought that i was the only one, and the car is getting worse everyday. now they say i'm out of warranty. i believe hyundai knows the problem but they reset the software just to make you think something is fixed until you get out of they warranty. my car is driving me crazy. sometimes i feel like the engine is about to fall out . the problem will not stop, if you are under warranty make sure you dont drive the car until hyundai buy it back.


ARNEL J. said
202 days ago
hope they get sued.


Bruce B. said
193 days ago
Last year I purchased a new Hyundai Elantra ECO with the 1.4 Turbo engine and it has always lurched, jerked forward badly when I first drive it every day. Sometimes I think the transmission is going to pop apart or something because it jerks so badly. 3 different Hyundai dealerships told me the same thing, that that was normal for that transmission and there was nothing they could do about it.


Nikkilynn G. said
188 days ago
I have the 2015 sonata eco with sane issues started at 20,000 miles been to the dealer 5 times already they can't fix it but admit there is a problem in the trans please help me


Austin W. said
172 days ago


Mario C. said
169 days ago
Transmission would stopped working could not move forward nor reverse took it to the dealership where they stated that transmission needed and software update. Have no confidence in vehicle now


John J. said
151 days ago
2015 Sonata Eco, Issue no acceleration, slow acceleration, stalling. 22500 mile
been in twice for this issue with no resolution


Cathy A. said
90 days ago
Same issue no solution !


Darryn B. said
85 days ago
My 2015 Sonata Eco is in for this problem as we speak. Luckily the service team experienced it while I was dropping it off. Hopefully, I do not encounter issues with warranty. Is this still an open class action suit for more to join?


john k. said
78 days ago
i have a problem with the car stalling from a complete stop and then jumping into gear. This is very dangerous considering the fact i drive for uber & lyft. sincerly, john a. knapp


Melissa S. said
44 days ago
My 2016 Veloster Turbo lags when taking off from a start. The dealership reprogrammed the DCT control module after a recall was issued but the same issue happens from time to time. I recently took my carin for body work, and after they reconnected the battery, the module completely failed so that the car would not shift out of park.


Rozzie H. said
10 days ago
I have a 2015 Sonata ECO. My transmission is jerking and slipping when I start off in the lower gears.The car has less than 30,000 miles.


Corey C. said
8 days ago
Having the same issue as many here. JUST bought a 2015 Sonata Eco 1.6L Turbo. Every time I accelerate from a stop, it rattles like crazy. Took it to the dealership and they said that's normal for this car. This is unacceptable to me.

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