FAQs

1. How do I know if I am part of the Settlement?

All owners and lessees of a Class Vehicle who purchased or leased the Class Vehicle in the United States, and including those that were purchased while the owner was abroad on active U.S. military duty.

However, the Class excludes (a) all claims for death, personal injury, damage to property other than to the Class Vehicle itself, and subrogation, as well as any claims that arise out of a future NHTSA recall; (b) HMA, HMC, KA, KC, and any affiliate, parent, or subsidiary of HMA, HMC, KA and KC; (c) any entity in which HMA, HMC, KA, or KC has a controlling interest; (d) any officer, director, or employee of HMA, HMC, KA, or KC; (e) any successor or assign of HMA, HMC, KA, or KC; (f) any judge to whom the lawsuits are assigned, his or her spouse, and all persons within the third degree of relationship to either of them, as well as the spouses of such persons; (g) consumers or businesses that have purchased Class Vehicles that, prior to the time of purchase, were deemed a Total Loss (i.e., salvage title or junkyard vehicles) (subject to verification through Carfax or other means); (h) current or former owners of Class Vehicles who, prior to the Notice Date, released their claims in an individual settlement with HMA, HMC, KA, or KC with respect to the issues raised in the lawsuits; (i) owners who purchased the Class Vehicle with knowledge of existing damage to the ABS module (damage that does not amount to a Total Loss; but rather, damage to the subject components); and (j) those persons who timely and validly exclude themselves from the Class.

2. Which vehicles are included?

Hyundai Tucson vehicles (model years 2014, 2015, 2016, 2017, 2018, 2019, 2020, and 2021), Hyundai Santa Fe vehicles (model years 2007, 2017, and 2018), Hyundai Santa Fe Sport vehicles (model years 2013, 2014, 2015, 2017, and 2018), Santa Fe XL vehicles (model year 2019), Hyundai Azera vehicles (model years 2006, 2007, 2008, 2009, 2010, and 2011), Genesis G80 vehicles (model years 2017, 2018, 2019, and 2020), Genesis G70 vehicles (model years 2019, 2020, and 2021), Hyundai Genesis vehicles (model years 2015 and 2016), Hyundai Elantra vehicles (model years 2007, 2008, 2009, and 2010), Hyundai Elantra Touring vehicles (model years 2009, 2010, and 2011), Hyundai Sonata vehicles (model year 2006), and Hyundai Entourage vehicles (model years 2007 and 2008)

3. If I bought or leased a Class Vehicle that has not had problems, am I included?

Yes. You did NOT have to experience an engine compartment fire or ABS module failure to be included in this Settlement. If you still own or lease a Class Vehicle you will be eligible to take advantage of the Settlement’s warranty extension as well as certain other benefits of the Settlement

4. When would I get my reimbursement?

In general, valid claims will be paid as they are approved after the Effective Date. The Effective Date for the Settlement will be the date of the Court’s Order giving final approval to the Settlement if there are no objections or appeals.

The Hon. Stanley Blumenfeld, Jr., U.S. District Court Judge, will hold a Fairness Hearing on April 21, 2023, at 8:30am at the U.S. District Court for the Central District of California, Los Angeles Courthouse, 350 West 1st Street, Los Angeles, California 90012 to decide whether to approve the Settlement. (The hearing may be rescheduled without further notice. To obtain updated scheduling information, visit www.HyundaiHECUSettlement.com.) If the Court approves the Settlement, there may be appeals afterwards. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Please be patient.

You may continue to check on the progress of the Settlement by visiting the settlement website or calling 888-480-2864.Payments under the Settlement will begin once the Settlement has been finally approved by the Court and any appeals from that decision are completed.

5. What am I giving up to stay in the Settlement Class?

Unless you exclude yourself from the Settlement Class in writing as described in the opt out section of this website, you will be treated as part of the Settlement Class. That means that you can’t sue, continue to sue, or be part of any other lawsuit against HMA, HMC, KC, KA, or other related entities or individuals (listed in the Settlement Agreement, which you can view at www.HyundaiHECUSettlement.com about the legal issues in these lawsuits if the Settlement is approved. It also means that all of the Court’s orders will apply to you and legally bind you.

However, nothing in this Settlement will prohibit you from pursuing claims for: (i) personal injury; (ii) damage to property other than to a Class Vehicle; or (iii) any and all claims that relate to something other than a Class Vehicle and the alleged defect here.

If you have any questions about the scope of the legal claims you give up by staying in the Settlement Class, you may view Section VI of the Settlement Agreement or you can contact the following Class Counsel for free or speak with your own lawyer at your own expense:

Elizabeth A. Fegan
Fegan Scott LLC
150 S. Wacker Dr.,
24th Floor
Chicago, IL 60606
Steve Berman
Hagens Berman Sobol Shapiro LLP
1301 Second Avenue
Suite 2000
Seattle, WA 98101

6. Do I have a lawyer in this case?

Yes. The Court has appointed Elizabeth A. Fegan of Fegan Scott LLC and Steve W. Berman of Hagens Berman Sobol Shapiro LLP to represent you and other Settlement Class Members. Together these lawyers are called Class Counsel.

7. What is the difference between objecting and excluding?

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.

8. What happens if I do nothing at all?

If you do nothing, you’ll get no reimbursements for past expenses related to the alleged ABS module defect from this Settlement, though you may be entitled to the benefits of the extended warranty (if you continue to own or lease your Class Vehicle and have had your vehicle repaired pursuant to a NHTSA Recall) and the right to a free one-time ABS module inspection. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against HMA, HMC, KC, KA, or other related entities or individuals about the legal issues in these lawsuits ever again. However, even if you take no action, you will keep your right to sue Defendants for any other claims not resolved by the Settlement.

Other than a request to review the Court’s files at the Clerk of the Court’s Office, please do not contact the Clerk of the Court or the Judge with questions.


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