Lorenzo Ford and Tina Forehand (collectively the plaintiffs) recently filed a class action complaint against Hyundai Motor America (HMA) and Hyundai Motor Company (HMC), (collectively Hyundai or defendants) in Central California. The plaintiffs allege Hyundai manufactured, marketed, distributed, and sold its 2020 Palisade without disclosing to purchasers and lessees of its issue with windshields cracking, chipping, and otherwise spontaneously breaking. The plaintiffs are seeking a trial by jury along with financial compensation.
According to the class action complaint, the windshield issues cause dangers to safety and Hyundai refuses to admit the glass is defective. The automaker also allegedly refuses to offer a proper fix for the cracked windshields other than forcing Palisade owners to pay for replacement windshields that are also defective, according to the class action complaint.
The complaint claims Hyundai is responsible for the following:
- Breach of express warranty;
- Breach of implied warranty of merchantability;
- Violations of the Magnuson-Moss Warranty Act;
- Common law fraud;
- Unjust enrichment;
- Violations of the Illinois Consumer Fraud and Deceptive Business Practice Act; and
- Violations of the Washington Consumer Protection Act.
According to the plaintiffs, Hyundai marketed 2020 Palisade as its “flagship premium” sports utility vehicle offering consumers “exceptional comfort, technology and safety.
The company also began marketing in the summer of 2019, and within months owners and lessees began reporting problems with the windshields in their vehicles.
“A typical account of the defect starts with a small chip in the windshield glass, sometimes in response to contact with a small object such as a pebble or bug but often with no impact. The chip quickly expands into a major crack or “spiderweb” of cracks. Alternatively, cracks can appear suddenly and without warning in the windshield glass. Owners and lessees often experienced the defect shortly after purchase—even on the first drive home from the dealership,” a portion of the complaint reads.
According to the complaint, Ford purchased a 2020 Hyundai Palisade and within 4,225 miles the windshield cracked from being hit by a pebble on the right upper corner of the glass. Ford claims the crack extended to the center of the windshield and paid more than $880 to have the windshield replaced. Meanwhile, Forehand purchased a 2020 Hyundai Palisade, but at 2,000 miles the windshield cracked when a pebble, according to the complaint, hit it. Forehand said she had to wait about three weeks for a replacement windshield that cost her $250.
The plaintiffs allege Hyundai was aware of the alleged defect but continued to market and sell the SUV without notifying its customers.
“Dozens of owners and lessees have voiced their complaints about the defect on the official complaint database of the National Highway Transportation Safety Authority (NHTSA), as well as various online forums,” a portion of the class action complaint reads.
As of press time Hyundai has not respond with a comment on the class action complaint. Look to a future edition of glassBYTEs for more information on this suit.