Class Action Says Hyundai Falsely Advertised 2020 Ioniq as Equipped with Blind Spot, Accident Avoidance Features
Barnett v. Hyundai Motor America
Filed: November 9, 2020 ◆§ 8:20-cv-02162
A class action claims Hyundai has falsely advertised its 2020 Ioniq hatchback as equipped with Blind Spot and Rear Cross-Traffic Collision-Avoidance Assist systems.
Magnuson-Moss Warranty Act California Business and Professions Code California Consumers Legal Remedies Act
California
Hyundai Motor America has deceptively advertised and marketed its 2020 Ioniq vehicles as equipped with Blind-Spot (BS) and Rear Cross-Traffic (RCT) Collision-Avoidance Assist systems, a proposed class action alleges.
The 13-page complaint out of California claims Hyundai’s misleading advertising of the Ioniq, specifically of models with SE, SEL or Limited trims, poses a real hazard for drivers who are led to believe that the five-door hatchback comes with certain non-existent safety features that can help avoid accidents.
Per the suit, the window sticker of every Hyundai Ioniq specifically states that the car’s features include “Blind-Spot Collision-Avoidance Assist” and “Rear Cross-Traffic Collision-Avoidance Assist.” The plaintiff, a Florida driver, claims that although he and his wife believed the 2020 Ioniq Limited they bought came with the automaker’s BS and RCT Collision-Avoidance Assist systems, a letter they received from Hyundai soon after their purchase revealed otherwise.
According to the lawsuit, the plaintiff received in August 2020, two months after buying his Ioniq, a letter in which Hyundai stated the man’s vehicle came equipped only with the Blind-Spot Collision and Rear Cross-Traffic Collision “Warning” Systems. In other words, the complaint says, the safety systems found in the plaintiff’s vehicle, contrary to Hyundai’s representations at the time of purchase, would only warn of approaching vehicles and cars in the Ioniq’s blind spots, and not automatically apply the brakes in order to avoid an imminent accident.
The plaintiff claims he contacted Hyundai customer support and the dealership from where he bought his Ioniq and requested that the automaker remedy the situation, yet Hyundai has failed to provide any relief, the lawsuit alleges, arguing that neither the plaintiff nor other proposed class members would have bought their vehicles, or would have paid as much, had they known the defendant’s representations were false.
The suit looks to represent all owners and lessees of 2020 model year Hyundai Ioniq vehicles with SE, SEL or Limited Trims.
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