Class action against Hyundai

On May 1, 2023, our firm filed an application for authorization to institute a class action against Hyundai. This application seeks payment for compensation for damage to members’ vehicles as a result of paint delamination, as well as damages and punitive damages.

Paint problem

Under the Consumer Protection Act,a consumer who purchases a product is entitled to have it used for the normal purpose for which it is intended and that its duration of proper operation is reasonable, taking into account the price paid and the use he makes of it.

In Quebec, owners of new vehicles keep their cars for an average of more than eight (8) years, of which about one-third of them are between eleven (11) and fifteen (15) years.

Hyundai warrants defects in the paint of the cars it manufactures for a period of thirty-six (36) months or 60,000 km, whichever comes first.

However, in recent years, a phenomenon of plate detachments in Hyundai brand vehicles, more particularly “white” or “pearl white”, and even more particularly at the roof, has been observed throughout North America.

Our client’s story

Mr. Allard acquired a used white 2017 Elantra in 2019, which was in perfect condition at the time of purchase.

However, only three (3) months after his acquisition, he noticed that the paint of his vehicle was beginning to peel off by plates at the level of his front hood. He notified his dealer and the problem was repaired at Hyundai’s expense.

One year after acquiring his vehicle, the applicant found that the same paint problem now appeared in other places, including on the front left wing and on the roof of the vehicle, near the windshield. La Paint was peeling as soon as the applicant only ran his finger over the affected parts. He then went back to his dealership to have his vehicle repaired. However, he was refused compensation on the ground that the warranty had expired.

The problem of peeling paint persists to this day and Mr. Allard expects the entire surface of the roof of his vehicle to be peeled off by the end of the year.

While searching the Internet, Mr. Allard found a Facebook group of hundreds of consumers who noticed the same problem of peeling paint plates on other white Hyundai models.