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If you purchased a vehicle affected by the Kia and Hyundai class action lawsuit, you may have received a notice that you’re entitled to claim certain benefits, per the terms of a class action settlement. In some cases, remaining part of the class action settlement might not be in the best interests of the vehicle owner.
For those who don’t want to be part of the class action settlement, your time to opt-out is limited — you only have until October 30, 2020, to make a decision. However, you might be wondering what it actually means to opt-out of the settlement and whether you should. Whether you act or don’t act, your rights can be affected.
The vehicles affected by the class action lawsuit include Class Vehicles equipped with a Theta II 2.0 liter or 2.4-liter gasoline direct injection engine. The covered vehicles include the 2011-2019 Hyundai Sonata, 2013-2019 Hyundai Santa Fe Sport, 2014-2015 or 2018-2019 Hyundai Tucson, 2011-2019 Kia Optima, 2012-2019 Kia Sorento, and the 2011-2019 Kia Sportage.
These vehicles may suffer from an engine defect that can cause dangerous issues such as engine failure, engine fire, engine seizure, or stalling — even if your specific vehicle did not have any of these defects, you may still be able to receive the benefits of the class action settlement.
If you remain a class member of the Kia and Hyundai class action lawsuit, you would be entitled to payment and other settlement terms. The class action settlement terms include:
Vehicle owners may also be able to get a cash reimbursement for certain trade-ins and for the sales of vehicles that were not repaired.
By opting out of the Hyundai and Kia class action lawsuit, you wouldn’t be entitled to any payment or the benefits of the class action settlement terms, However, opting out preserves your right to file a future lawsuit or recover under California Lemon Law. Under the lemon law, consumers are protected in the event that a vehicle they purchased is still under warranty and has a defect that substantially impairs its value or safety.
By opting out of the class action settlement, you may be able to invoke the California Lemon Law, entitling you to a full repurchase or replacement of the vehicle, as well as civil penalties in some cases.
Depending on the kind of trouble you’ve had with your car, in addition to the inconvenience and financial burden caused by it, the class action settlement may not adequately compensate you. In this case, it’s crucial to consider whether you should opt-out to preserve your right to a full replacement under the lemon law.
California’s lemon law — The Song-Beverly Consumer Warranty Act — covers vehicles purchased in California that have a persistent defect and are still under warranty. A reasonable number of repair attempts must be made before the lemon law can be applied.
For some, it may be within their best interests to opt-out of the Hyundai and Kia class action lawsuit. Depending on the circumstances, your rights might be better protected by filing a lawsuit or invoking the lemon law. If you’d like to opt-out, you must submit a written request to exclude yourself from the settlement by October 30, 2020.
It’s critical to realize that doing nothing does not mean that you’re opting out. If you don’t act, you will not receive reimbursement from the settlement — in addition, inaction can preclude you from filing a lawsuit against Hyundai or Kia at a later time. However, if you do nothing, you would still be able to take advantage of the Lifetime Warranty for the engine short block assembly upon the installation of the Knock Sensor Detection System software.
In addition to opting out of the settlement, there are a few other options you have. You may object to the settlement in writing by October 30, 2020, if you choose to remain a member of the class action and there is something you dislike about the terms.
Class members may also request to speak in court concerning the fairness of the class action settlement. The Fairness Hearing will be held on November 13, 2020, at the U.S. District Court for the Central District of California, Los Angeles Courthouse.
If you purchased one of the vehicles affected by the Kia and Hyundai class action lawsuit, it’s best to speak with a California Lemon Law lawyer who can discuss your legal rights and options, including whether it would be best for you to opt-out of the settlement or invoke the lemon law. However, it’s important to act fast — the deadline to opt-out is October 30, 2020. If you’re considering invoking the California Lemon Law, there’s a 4-year statute of limitations under the lemon law that starts running from the time you discovered the vehicle’s defect.
The California Lemon Law lawyers at the Ledbetter Law Firm help consumers in Southern California who have experienced substantial and persistent defects and lemon law issues with their vehicles obtain a vehicle replacement or the refund that they deserve. With offices conveniently located in San Diego and Torrance, California, telephone and video conferencing options are also available. Call (619) 374-0252 to schedule a consultation with a California Lemon Law used car attorney today.