Hyundai And Kia Owners: Should You Opt Out Of The Class Action Settlement?


You may have received notice of a class action settlement if you own or lease any of these vehicles equipped with a Theta II 2.0-liter or 2.4-liter gasoline direct injection engine:

  • 2011-2019 Hyundai Sonata
  • 2013-2019 Hyundai Santa Fe Sport
  • 2014-2015, 2018-2019 Hyundai Tucson
  • 2011-2019 Kia Optima
  • 2012-2019 Kia Sorento
  • 2011-2019 Kia Sportage

This class action settlement is meant to settle any legal claims that you may have related to a defective engine that could result in sudden engine seizure, stalling, engine failure, and/or engine fire. Legal terms of the class action settlement, including your options and potential benefits, were also disclosed in this notice. It is entirely understandable if you found this notice confusing. Importantly, you may not have realized that you were also provided with a deadline of October 30, 2020 to opt out of the class settlement so that you can pursue your own legal claims individually.


Let us say, for example, that you are an owner of a 2016 Kia Sorento and you experienced engine seizures, engine stalling, engine failure, or an engine fire. You already brought your Kia Sorento to the dealership for warranty repair on multiple occasions and the engine problems still persist. If you do nothing at all (meaning you do not opt out), you may limit your recovery to the class action settlement terms. As a member of the settlement class, you may receive a lifetime warranty for the engine short block assembly, cash reimbursement for qualifying past out-of-pocket repairs, cash reimbursements for certain trade-ins and sales of unrepaired vehicles, a rebate up to $2,000, and/or the maximum Black Book value of the vehicle if your vehicle had an engine fire. However, you will not be able to take any further legal action on your own and it may take several months before you receive any benefits from the class action settlement.

If you elect to opt out of the class action settlement, on the other hand, your rights and remedies under California’s lemon law (the Song-Beverly Consumer Warranty Act) will remain intact. California’s lemon law is a consumer-friendly statute that has robust remedies that you may be entitled to, such has a full repurchase or replacement of your vehicle. Plus, under California’s lemon law, you do not have to pay for your attorneys’ fees and costs because they are paid by the vehicle’s manufacturer. In certain circumstances, you may also be entitled to civil penalties up to two times the amount of your damages. Compared to California’s lemon law, the class action settlement may not be enough to compensate you for your troubles. Therefore, it may be critical for you opt out of the class settlement to obtain the relief that you deserve.


With the October 30, 2020 deadline fast approaching, it is important that you contact us immediately so that we can evaluate your case. We can help you understand your rights and remedies and whether it makes sense for you to opt out of the class action settlement. Remember, attorneys’ fees are provided for under California’s lemon law, so contacting us could not be more affordable to your wallet. At The Ledbetter Law Firm, APC we value your business and look forward to serving you every step of the way.