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U.S. appeals court preserves $210M Hyundai-Kia fuel economy class settlement

A U.S. appeals court restored a $210 million nationwide class-action settlement for hundreds of thousands of owners of Hyundai Motor Co and Kia Motors Corp vehicles whose fuel economy estimates were inflated. By an 8-3 vote on Thursday, in a case closely watched by class-action lawyers, the 9th U.S. Circuit Court of Appeals in Pasadena, California, said vehicle owners had enough in common to let them settle as a group. It also rejected arguments by owners opposed to the settlement that the claims process was too burdensome, and that lawyers for the class had colluded with the automakers to extract a "sweetheart deal" that undervalued their claims. The case began after the U.S. Environmental Protection Agency found flaws in Hyundai's and Kia's testing procedures, prompting the automakers to lower fuel efficiency estimates for about 900,000 vehicles from the 2011, 2012 and 2013 model years. Lawyers for objecting drivers had no immediate comment. Hyundai said it was grateful for the decision. Kia and its lawyers did not immediately respond to requests for comment. The decision by Circuit Judge Jacqueline Nguyen upheld a settlement approved in June 2015 by U.S. District Judge George Wu in Los Angeles. Wu "made careful findings, which the objectors here largely do not challenge, and which more than support the judgment," Nguyen wrote. The decision reversed a divided three-judge 9th Circuit panel's January 2018 rejection of the settlement and decertification of the class action. That panel said Wu failed to assess whether differences in state laws prevented certification of a nationwide class. It also said used car owners should have been excluded because it was unclear whether they had relied on the South Korean automakers' fuel economy claims. Lawyers had said it would become much harder to obtain nationwide settlements if the panel ruling stood. Nguyen had dissented from the panel ruling. Circuit Judge Sandra Ikuta, who wrote it, dissented on Thursday. Ikuta accused the majority of failing to determine what law should apply to the nationwide class or how the settlement, and thus attorneys' fees, should be valued. "The majority's failure to correct these errors may be beneficial for the class action bar, but it detracts from compliance with Supreme Court precedent," Ikuta wrote. The 9th Circuit covers nine western U.S. states, Guam and the Northern Mariana Islands.

Hyundai closes the books on fuel economy litigation

Hyundai-Kia ended up with a lot of kimchi on its face in 2012 when it admitted it had mistakenly exaggerated fuel economy estimates on several 2012 and 2013 model-year offerings like the Hyundai Accent, Veloster and Elantra and Kia Soul. Before the admission a lawsuit had been filed by an entity called Consumer Watchdog, afterward there were "approximately 53" lawsuits filed in federal court that were eventually consolidated into one case in a California Central District court.
The companies apologized profusely and gave customers prepaid gas cards that they could refill with funds for as long as they own their vehicle, as well as perks like free car washes and routine maintenance services. The company has just announced that it has reached a preliminary settlement of the case by adding another method of reimbursement, a lump sum payment that would free drivers from having to go back to the dealership to have their mileage verified for debit card refills.
Assuming the preliminary agreement is approved by the judge, customers could choose the lump sum or the cards. The settlement's value could be as much as $210 million, but the exact number depends on which program plaintiffs choose. On average, affected customers will receive $353. Approval could come in "early 2014," after which Hyundai will notify customers. You'll find more particulars on the potential settlement in the press release below.

We visit Hyundai's Nurburgring test center

Understanding the achievement and the message of Hyundai Motor Group having a European Technical Center at the Nurburgring might be easier if we look at what Hyundai has done in the US. In 1985 Hyundai Motor America set up shop in California. The first car sold here was the 1986 Excel, a rebodied Mitsubishi Mirage with a Hyundai interior treatment. This was the first Mirage, which also served as the Chrysler Colt in hatchback form and circled back as the Mitsubishi Precis so Mitsu could get around Japanese automakers' voluntary export quotas of the time. The Excel made such an impression on reviewers and buyers that in Car and Driver's 1986 review they wrote that "'astounding' is not too strong word" to describe the company's progress, and said, "Our guess is that Hyundai will be a major force in the US car market almost from the moment it opens its doors." Hyundai sold 168,882 Excels in the US in its first year, back when the Ford F-Series led all comers with 544,969 sales. That's what happened. The company sold 168,882 Excels in the US in its first year, back when the Ford F-Series led all comers with 544,969 sales, the Chevrolet Celebrity came second of all vehicles with 408,946 sales, the Honda Accord seventh with 325,004 sales. The Excel sold even better the following year, and the year after that. Three years on, buyers began to discover that one of the things the Excel did best was disintegrate. It's been called "fantastically crappy," Popular Mechanics would later say the Excel "deserved to fail," and they decomposed so thoroughly that you'll have a hard time finding one in any junkyard. Buyers got so allergic to the Flying H badge that sales declined for ten consecutive years. By 1999, when Hyundai's model range was four times larger than it had been in 1986 – Accent, Elantra, Sonata, Tiburon – the brand sold just 90,217 cars in the US. Two important things happened around that nadir. In 1998, as a way of reassuring potential customers, Hyundai became the first automaker to introduce a 10-year, 100,000-mile warranty. In 1999, Mong-Koo Chung became the CEO of Hyundai Motor Company, promoted from 11 years as CEO of Hyundai Motor Service, a role that put him in charge of global warranty claims. Having spent all those years of his life wading through that carnage, he swore when he took the top spot that he'd get the situation fixed. In 2014 the JD Power Initial Quality Survey ranked Hyundai the leading non-premium brand.