Suing Hyundai Over Elantra MPG

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Lawsuit filed against Hyundai for advertising Elantra with ‘misleading 40 mpg’ claim
Posted: Jul 11, 2012
2012hyundaielantrablue.jpg


Let’s just clear one thing up before we get into this bit of news. Whatever the EPA fuel-economy sticker says for cit/highway mpg when you purchase a car, you most likely will never hit those numbers unless your a hyper-miler.

In recent years, the EPA has revamped methods to bring it’s fuel economy estimates closer to’ ‘real-world’ results by including factors such as high speed/rapid acceleration driving, the use of air conditioning, cold temperature operation, road grade, wind, tire pressure, load and the effects of different fuel – but still their figures are arrived much differently than the normal human driving from point A to point B.

Check out more news on the Hyundai Elantra.

Now to the real story – a lawsuit has been filed by Consumer Watchdog and Cuneo Gilbert and LaDuca, LLP against Hyundai Motor America saying that the company misled consumers about the gas mileage of the 2011 and 2012 Elantra by advertising 40 mpg highway in its commercials.

“I feel like Hyundai took advantage of me. Hyundai’s advertisements about the ’40 MPG’ gas mileage of the Elantra instantly caught my attention. I bought the car thinking I would be seeing major savings at the pump and getting over 500 miles per tank, but Hyundai fooled me,” said Louis Bird of Sacramento, California, a 2011 Elantra owner who is representing other consumers in the class-action lawsuit and meticulously documents his mileage. “I have not saved any money on gas and have been driving the Elantra for well over a year now. It is frustrating and disappointing. I never would have bought the Elantra in the first place if I hadn’t seen Hyundai’s ads boasting about gas mileage.”

The suit is asking Hyundai to stop running those ads and is asking for damages on behalf of California residents who got a 2011 and 2012 Elantra.

Hyundai’s response below.

Hyundai Motor America (“Hyundai”) believes this case has no merit, as our advertising is accurate and in full compliance with applicable laws and regulations. In fact, we’ve reviewed our ads and think Consumer Watchdog and their client are dead wrong.

Importantly, the U.S. Environmental Protection Agency (EPA) recently confirmed our advertised fuel economy for the Hyundai Elantra of 29 miles-per-gallon (mpg) city, 40 mpg highway and 33 mpg combined. The EPA results, generated from testing conducted on January 25, 2012 at the EPA’s National Vehicle and Fuel Emissions Laboratory in Ann Arbor, Michigan, are identical to the testing data Hyundai originally submitted to the agency. We are gratified with the EPA results, and are committed to continuing to reduce the fuel consumption of our vehicles in order to provide greater value and efficiency for our customers.

On the heels of the EPA testing, Popular Mechanics on February 3 released the results of its own testing of the Hyundai Elantra and reported obtaining significantly better fuel economy than advertised. “Cruising along at 55 mpg on the highway, our cars easily cleared 40 mpg and, astonishingly, approached 50.” The publication stated that “40 mpg [for the Hyundai Elantra] is quite a realistic figure.” Car and Driver and Consumer Reports recently have achieved similar highway results – 41 mpg and 39 mpg respectively.

The EPA deemed Hyundai the most fuel efficient automaker in the U.S. for the model year 2010, the most recent year officially tracked by the agency. Hyundai is currently the only manufacturer with four models achieving 40 mpg EPA ratings on the highway, including the Elantra, the 2012 North American Car of the Year. Last year, Hyundai sold more 40 mpg highway vehicles than Toyota, Nissan, Honda, Ford and Chevrolet combined. Through May of 2012, our new car fleet averaged more than 37 mpg, about 50 percent higher than the U.S. average.


- By: Omar Rana


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Apparently these morons can't read a window sticker...
 
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our elantra is getting 29-30 stop and go driving. I am very pleased. I have not done a highway trip with it though.
 
This goes to show how far down the drain our society has gone. EVERYONE advertises the highway MPG in advertisements.



The stupidity of all of these people never seizes to amaze me.
 
not surprising putting those very high numbers up makes the door a little wider for people to sue. just today i was at a car dealer and the cruze with the 1.8 get 22city 35hwy i was shocked by the difference between the two numbers my saturn gets better than that.
 
Can't fix stupid.

OTOH I have no problem getting the EPA's numbers. My truck is rated 15/20 and that's about what I get plus or minus a bit from tank to tank which is normal.
 
Let's see...

CA fuel which gets worst MPG already over normal fuel and they don't know how to drive and its Hyundai's fault?

The EPA does not run their tests with all the possible blends of fuel that are out there.

The insane are running our country with junk lawsuits like this.
37.gif
 
lets see what happens i think there will be a settlement i see this stuff all the time.. My wife is a Lawyer and some of the things i have seen is unbelievable.
 
I can go out for a hour drive and exceed the EPA numbers of my pickup for highway MPG. But by the same token I can very easily get below EPA highway MPG also. It is called driving folks that has more effect on your MPG than anything else a driver can control. This lawsuit should be dismissed but California courts? Good luck!
 
Just because that EPA is achievable doesn't mean you will be able to match it. IMHO this guys don't have a solid case and Hyundai will win this. My sister has a Hyundai I30 (sold in Europe) with a 1.6 CRDI (diesel engine). I took it out once for a test, oneway testing the handling, acceleration and stability and on my way back I drove it smooth and gently (50-65). The MPG for the trip back was 56.
 
There's a knucklehead on the Kia forums babbling about suing because they "only" get 26 highway mpg in their 4000lb AWD 4-cyl Sorento. I've been getting 28.5mpg with the AWD V6 version.

*shrug*

It's unfortunate that there aren't significant penalties for filing frivolous lawsuits that clog our already overburdened legal system.

Best,
 
Quote:
lets see what happens i think there will be a settlement i see this stuff all the time.. My wife is a Lawyer and some of the things i have seen is unbelievable.

Not a chance. Hyundai's response shreds this frivolous suit's claims. A bit of advice though, if you don't want your wife wasting her time and money, tell her to stay far away from this one. Even the recent win by a single lawyer against Honda was overturned by a judge.

Nice looking Elantra in the pic, like the color.
 
This lawsuit speaks volumes about how uneducated the average consumer is, and how lazy they have become. The average car buyer does not feel that it is their obligation to seek out information and educate themselves. They think that it is their salesman's job to give them a complete tutorial on their vehicle, and if they don't get it, then it is the manufacturers job to go good for their misconceptions.
Most Hyundai owner's have no understanding of their warranty, yet refuse to read it.
 
What part of 'UP TO' don't these idiots understand?

It is not WHAT you drive, but HOW you drive.
 
I agree that this lawsuit is silly and frivilous.

That said, much of the advertising out there (by everyone) does NOT say "up to". They say boldly, "this car gets 40 mpg!" Under certain circumstances, yes it might. But that number does not accurately reflect what somebody should expect to receive on a daily basis. You see a lot of, "the 40 mpg Elantra" or "the 42 mpg Cruze" or "the 39 mpg Civic" or whatever.

I believe that advertising should show BOTH numbers (city and highway). And if they want to only show one number, it should be the combined figure.
 
Originally Posted By: Sonataman
It is not WHAT you drive, but HOW you drive.


Yep! I don't even listen to folks complain about mileage. I set the cruise at 65-68 to go to work and get passed like I'm standing still.
 
People need to remember, the large print giveth and the small print taketh away.

Every car commercial, website, or brochure has a bunch of asterisks and fine print at the bottom.
 
Originally Posted By: Hokiefyd
I agree that this lawsuit is silly and frivilous.

That said, much of the advertising out there (by everyone) does NOT say "up to". They say boldly, "this car gets 40 mpg!" Under certain circumstances, yes it might. But that number does not accurately reflect what somebody should expect to receive on a daily basis. You see a lot of, "the 40 mpg Elantra" or "the 42 mpg Cruze" or "the 39 mpg Civic" or whatever.

I believe that advertising should show BOTH numbers (city and highway). And if they want to only show one number, it should be the combined figure.

All of the advertising I see says "this car gets 40 mpg HIGHWAY." If they don't say "up to," they always say "X mpg highway." In that case, it's not necessary to say "up to." It is however, important for the consumer to note the "highway" part and understand that city/combined mileage will be worse.
 
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