a new class action lawsuit was filed in California court against Hyundai Motor America. The plaintiff, Mr. Siamak Kermani, is represented by Wirtz Law APC, O’Connor Law Group, and Reallaw APC.
The class action is on behalf of consumers throughout California, claiming dangerous battery systems in their electric Hyundai vehicles, caused by an electrical short inside the battery cell. The defective batteries were produced by LG Energy Solutions, and are at risk of catching on fire while charging, parked, and/or driving. There is currently no fix available.
When Plaintiff and other potential Class Members have complained about the defective and dangerous battery system, HMA refused to remedy the issue and informed individual potential Class Members that there was no true fix. Instead, potential Class Members, including Plaintiff: (a) were provided with software “updates” that did nothing to repair the defect; (b) were instructed to “have the battery’s state of charge limit lowered to 80% to mitigate the risk of fire;” and (c) were advised not to park their vehicles indoors without lowering the charge limit. Based on the manner and timing in which recalls came into existence, HMA knew of this problem, its pervasiveness, and lack of a proper fix for a significant amount of time before the first recall was issued on or about October 13, 2020, and while Class Vehicles were being sold and leased to the general public.
Kermani v. Hyundai Motor America Pl. Compl. 6:24.
Vehicles in the Class Action
“Class Vehicles” refer to the following:
The class action seeks buy back refunds for the vehicles under California’s Lemon Law.
Attorney Richard Wirtz commented, “Unfortunately, this is the second auto manufacturer in less than a year to sell electric cars with defective battery systems that can catch on fire to California consumers. The rush to market with new technology needs to be tempered by the safety of our drivers and passengers. If auto makers ignore safety and cannot promptly repair dangerously defective cars to get them off the roads, then California’s Lemon Law is there to protect California buyers to get their money back.”
Mr. Wirtz, Mr. Michael Hassen, and Mr. Mark O’Connor are experienced attorneys with decades of experience between them. They specialize in consumer protection matters and have successfully prosecuted scores of cases similar to this one.
Wirtz Law APC
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San Diego, California 92122