A class action lawsuit filed Thursday claims multiple Hyundai models have malfunctioning oil pumps that present a “massive fire risk.”
According to the complaint, filed by South Carolina resident John Franz, the oil pumps at issue contain a controller that can short-circuit and overheat, making it likely oil will overheat and combust. The defective oil-pump system malfunctions within the first two years of its lifespan, claims the lawsuit.
Franz files suit on behalf of himself and all those similarly situated who bought or leased:
- 2023-2024 Hyundai Palisade
- 2023 Hyundai Tucson
- 2023 Hyundai Sonata
- 2023 Hyundai Elantra
- 2023 Hyundai Kona
He seeks to represent both a nationwide and a South Carolina class in the lawsuit.
Franz’s Alleged Experience
As alleged in the complaint, Franz bought a 2023 Hyundai Tucson. He picked that vehicle because it believed it was high-quality after a salesman convinced him it was highly reliable with great technological features and fit his needs.
He goes on to allege in August 2023, Hyundai Motor America and its subsidiary, Kia, recalled the allegedly affected vehicles—totaling over 90,000. However, Franz claims he was never informed of the recall or any defects related to his vehicle’s oil-delivery system by anyone affiliated with Hyundai. Instead, he claims he learned of the alleged oil pump defect on social media.
Moreover, he alleges, the recall—which includes a free fix-and-repair clause requiring Hyundai to repair and replace the faulty parts—will take four to eight hours per vehicle. At that rate, he argues, it will take Hyundai between 364,000 to 712,800 hours—or 41 to 83 years—to fix all the recalled vehicles.
Franz also challenges the recall on the basis that it offers no “reasonably foreseeable guarantee” the defect will go away permanently. Thus, he views the recall as “no more than a repeatedly ineffective waste of time, because there is no true fix for the Oil Pump Defect.”
The lawsuit alleges claims including breach of warranty, negligence, fraud, and unjust enrichment. Franz asks the court for remedies including damages, interest, and attorney fees.
The case is John Franz v. Hyundai Motor America, case number 8:23-cv-01640, in the U.S. District Court for the Central District of California.