When will I receive my lump sum payment? Or when will the lump sum card be mailed out?

The Court will hold a hearing on June 11, 2015 to decide whether to approve this settlement. If the Court approves the settlement, and there are no appeals, customers will receive their lump sum payments shortly thereafter. However, there may be appeals afterwards, which could delay any payments. It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps even more than a year. You may continue to check on the progress of the Settlement by visiting this website for the latest information after June 11, 2015.

Why do I have to wait until July (or later) to receive the Lump Sum Payment?

The Court has only preliminarily approved the proposed settlement. The Court will decide whether to give the final approval for the settlement on June 11, 2015.

Why is there a deduction from my lump sum payment?

In negotiating the settlement, the parties agreed that lump sum amounts available under the settlement would be reduced by any amounts a customer had already received through Hyundai’s original reimbursement program, and the Court has preliminarily approved that arrangement as being fair and reasonable.

Why does it take 4-6 weeks to process my Lifetime Settlement Program payment claim?

When you visit your local Hyundai dealership, they will confirm your mileage and code it for the MPG program. We will get the information from the dealership and will prepare an email link which will be sent to the original email address that you used. The confirmation email will come from “hmasubsequentpay@jnrcorp.com" and the subject line will be "Reimbursement Program.” All you'll need to do is verify your information, including your mailing address, and we'll complete the processing of your reimbursement. The debit card is sent to processing and will be mailed to you. Times will vary depending on each validation step.

What do I do if I had my odometer validated at a Hyundai dealership in connection with the Lifetime Reimbursement Program and I have not received an email?

The confirmation email can take up to two weeks to process. However, if you have not received the email, you can email us at HyundaiMPGInfo@HMAUSA.COM to check the status.
Please provide the following information in the email in order for us to correctly pull your claim status.

  • First and Last Name
  • VIN
  • Phone
  • Email
  • Address

I received a confirmation email for the Lifetime Reimbursement Program and responded to it, but it’s now been more than 4 weeks, and I still haven’t received my card; what should I do?

You can email us at HyundaiMPGInfo@HMAUSA.COM to check the status of your debit card. Please provide the following information in the email in order for us to correctly pull your claim status.

  • First and Last Name
  • VIN
  • Phone
  • Email
  • Address

How can I check the status of my debit card for my Lifetime Reimbursement claim?

You can email us at HyundaiMPGInfo@HMAUSA.COM to check the status of your debit card. Please provide the following information in the email in order for us to correctly pull your claim status.

  • First and Last Name
  • VIN
  • Phone
  • Email
  • Address

What do I do if I made a mistake when registering my initial online claim, and I need to fix it?

Claim correction requests must be emailed to: HyundaiMPGInfo@HMAUSA.COM

Please provide the following information in the email in order for us to correct your claim:

  • First and Last Name
  • VIN
  • Phone
  • Email
  • Best contact time
  • What information is incorrect in your claim?
  • What is the correct information you need for us to update?

Can I use the New Car Rebate Certificate towards a new lease vehicle?

Yes, new car rebate certificates can be used towards a new lease vehicle.

What is the difference between the between Lump Sum and Lifetime Settlement Program?

  1. Lump Sum Payment: The Lump Sum Payment provides compensation in one payment in the form of a Cash Debit Card, without the need for additional dealer visits or paperwork. All those eligible for a Lump Sum Payment have additional options to choose to receive a Dealer Service Debit Card or a New Car Rebate Certificate in larger amounts. The amount of each Lump Sum Payment is determined by your Class Vehicle and what type of Class Member you are, as explained in the long-form class notice. You must submit a claim to obtain a Lump Sum Payment, and payment is subject to court approval of the settlement, as explained in the answer to Question __ above.

     

  2. Lifetime Reimbursement Program: The Lifetime Reimbursement Program covers the additional fuel costs associated with a vehicle’s fuel economy rating change – plus a 15 percent premium in acknowledgement of the inconvenience to our customers. Affected owners and lessees are compensated based on their actual mileage and the fuel costs for the region in which they live. Choosers of this program will be eligible to receive benefits for as long as they own or lease their affected vehicle. Customers can estimate their Lifetime Reimbursement Program amount by using the reimbursement calculator which is available on this website. If you are already participating in the Lifetime Reimbursement Program, you do not need to take any further action to remain in the program.

     

    Please refer to the Long Form Class Notice (available on this website) for complete details.

What are these lawsuits (In re Hyundai and Kia Fuel Economy Litigation) about?

On November 2, 2012, Hyundai Motor America (“Hyundai”) issued a statement informing the public that it was voluntarily decreasing the fuel economy ratings of each Class Vehicle.  HMA simultaneously announced that it was instituting a lifetime reimbursement program (hereinafter “Lifetime Reimbursement Program”) to compensate affected vehicle owners and lessees for the additional fuel costs associated with the lowered fuel economy ratings.

The lawsuits claim that, prior to November 2, 2012, the fuel economy ratings for the Class Vehicles were misrepresented.  Plaintiffs claim that, because of the alleged misrepresentation, they and others purchased vehicles they otherwise would not have purchased or paid more for the vehicles than they otherwise would have paid.  Plaintiffs also claim that the Lifetime Reimbursement Program is inadequate.  HMA denies Plaintiffs’ allegations.

Why are these lawsuits class actions?

In a class action, people called “Class Representatives” sue on behalf of other people who have similar claims.  All of these people together are the “Class” or “Class Members.”  The Court has determined that the Class Representatives may pursue legal claims and enter into the Settlement on behalf of the entire Class, except those that choose to exclude themselves from the Settlement (this is described more fully below).

Why is there a Settlement?

The Class Representatives and the Defendants agreed to a Settlement to avoid the cost and risk of further litigation, including a potential trial, and so that the Class Members can get payments and other benefits, in exchange for releasing HMA from liability.  The Settlement does not mean that HMA broke any laws and/or did anything wrong, and the Court did not decide which side was right.  The Class Representatives and the Defendants entered into a Settlement Agreement (and a later Amended Settlement Agreement), which have been preliminarily approved by the Court, which authorized the issuance of this notice.  The Class Representatives and the lawyers representing them (called “Class Counsel”) believe that the Settlement is in the best interests of all Class Members.

This notice summarizes the terms of the Settlement.  The Amended Settlement Agreement along with all exhibits and addenda sets forth in greater detail the rights and obligations of the parties and are available at the website www.HyundaiMPGClassSettlement.com. If there is any conflict between this notice and the Amended Settlement Agreement, the Amended Settlement Agreement governs.

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

Persons covered by the Settlement include any current or former owner or lessee of a Class Vehicle who was the owner or lessee, on or before November 2, 2012, of such Class Vehicle that was registered in the District of Columbia or one of the fifty (50) states of the United States, except that the following are excluded:  (i) Rental Fleet Owners; (ii) government entities, except to the extent that a government entity is the owner or lessee of a Fleet Class Vehicle (in which case such government entity is not excluded from the Class); (iii) judges assigned to the MDL Litigation, including the judge or judges assigned to any lawsuit prior to the transfer of that lawsuit to the MDL Litigation; and (iv) persons who have previously executed a release of HMA that includes a claim concerning the fuel economy of a Class Vehicle.

“Rental Fleet Owner” means an owner of one or more Fleet Class Vehicles that are available to be rented or leased. 

“Fleet Class Vehicle” means a Class Vehicle purchased by a governmental entity, corporation, or person that negotiated the purchase terms directly with HMA, as opposed to one of its authorized dealers, provided that any Fleet Vehicle that HMA agreed to repurchase at a later date is excluded from the Class.

The “Class Vehicles” are the Model Years 2011, 2012 and 2013 Hyundai vehicles listed in Schedule A at the end of these Frequently Asked Questions.

What if I’m still not sure if I am included?

If you are still not sure whether you are included in this class, you can ask for free help.  You can check whether you are included in the Online Claim Submission portion of this website.  You can also call 877-277-0012 and ask whether your vehicle is included in the Settlement.  Whether you use this website or call the toll-free number, you will need to have your Vehicle Identification Number (VIN) ready.  The VIN is located on a small placard on the top of the dashboard and is visible through the driver’s side corner of the windshield.  It also appears on your vehicle registration card and probably appears on your vehicle insurance card.  (Your VIN should have 17 characters, a combination of both letters and numbers.)

Am I still eligible for the Settlement if I received money under the Lifetime Reimbursement Program?

In November 2012, HMA initiated the Lifetime Reimbursement Program to reimburse certain current and former owners and lessees of the Class Vehicles for the additional fuel costs associated with the fuel economy ratings that were adjusted downward on November 2, 2012.   If you received reimbursement pursuant to this Lifetime Reimbursement Program (or if you receive such reimbursement in the future), you will still be a member of the Class.

You will not be a member of this Class if you exclude yourself from the Class (see question below, “How do I get out of the Settlement?”).  If you do exclude yourself, you can keep any reimbursement you already received and you may continue receiving reimbursements pursuant to the Lifetime Reimbursement Program in the future, but you will not have the right to share in the benefits offered in the Settlement.

What can I receive under the existing Lifetime Reimbursement Program?

Pursuant to the Lifetime Reimbursement Program, owners and lessees who owned or leased their Class Vehicle on or before November 2, 2012, are eligible to receive a personalized debit card that reimburses them for the additional fuel costs associated with the fuel economy ratings that were adjusted downward on November 2, 2012.  The reimbursement formula is based on three factors:  (1) the number of miles a Class Vehicle has been driven; (2) the difference between the original and revised combined fuel economy ratings of the vehicle, in miles per gallon; and (3) a 52-week average fuel price for the area in which the owner lives, based on U.S. Energy Information Association data.  In addition, HMA adds an extra 15% to the payment amount.  Former owners and lessees of the Class Vehicles are eligible to receive a one-time reimbursement using this formula.  Current owners and lessees are eligible to receive a reimbursement for prior accumulated mileage, as well as periodic future reimbursement as the Class Vehicle accumulates mileage in the future.  In order to obtain reimbursements for mileage travelled after the period initially covered by the debit card, you would have to go to an authorized Hyundai dealership to verify those additional miles. 

If you register for the Lifetime Reimbursement Program, you will be eligible to receive benefits for as long as you own or lease your Class Vehicle.

Detailed information about the Lifetime Reimbursement Program, including a reimbursement calculator that provides a reimbursement estimate, is available at this website here. To participate in the Lifetime Reimbursement Program, eligible owners and lessees who have not already registered must register by July 6, 2015.  If you are already registered for the Lifetime Reimbursement Program, you do not need to take any further action to remain in the program.

As outlined below, you can now elect whether to remain in (or register for) the Lifetime Reimbursement Program or whether to receive a Lump Sum Payment under the Settlement.  (Note that some participants in the Lifetime Reimbursement Program may also be eligible for Settlement benefits.)

How do the Settlement benefits that I receive compare to what I would receive under the Lifetime Reimbursement Program?

Class Members have two options:

1.      Lump Sum Payment.  Rather than participating (or continuing to participate) in the Lifetime Reimbursement Program (described above), you can elect to receive a Lump Sum Payment under the Settlement.  A Lump Sum Payment provides compensation in one payment, without the need for additional dealer visits or paperwork.  The amount of each Lump Sum Payment is determined by your Class Vehicle and what type of Class Member you are, which is explained below.  For current owners and lessees, the Lump Sum Payment amounts are listed in Schedule A at the end of  these Frequently Asked Questions.  Former owners and lessees are eligible to receive a Lump Sum Payment with the same cash value that they would receive under the Lifetime Reimbursement Program.  All those eligible for a Lump Sum Payment can instead choose whether to receive a Dealer Service Debit Card or a New Car Rebate Certificate in larger amounts than a Cash Debit Card (as described in STEP 2 below). You must submit a claim to get the Lump Sum Payment.

2.      Lifetime Reimbursement Program.  You can participate in the Lifetime Reimbursement Program instead of receiving a Lump Sum Payment under the Settlement.  Instructions for estimating the amount you could potentially receive under the Lifetime Reimbursement Program are provided in STEP 3 below.  If you have not previously registered for the Lifetime Reimbursement Program, you can do so here. If you are already registered for the Lifetime Reimbursement Program, you do not need to take any further action to remain in the program.  If you participate in the Lifetime Reimbursement Plan and you are an eligible current or former owner or lessee of a Hyundai Elantra, Accent, Veloster, or Sonata Hybrid, you may also be entitled to the additional compensation described below in STEP 4.  If you are eligible for this additional compensation, you must submit a claim to receive it.

To make your election, you may want to consider the benefits available under the Lifetime Reimbursement Program versus the Settlement for your particular Class Vehicle and your other personal circumstances.  The following steps will assist you in determining what is available to you.

STEP 1: Determine What Type of Class Member You Are:

If you…

Purchased your Class Vehicle as a new vehicle on or before November 2, 2012 and you still owned it as of December 23, 2013, you are considered a Current Original Owner.

Purchased your Class Vehicle as a used vehicle on or before November 2, 2012 and you still owned it as of December 23, 2013, you are considered a Current Non-Original Owner.

Purchased your Class Vehicle on or before November 2, 2012 and you no longer owned it as of December 23, 2013, you are considered a Former Owner.

Leased your Class Vehicle on or before November 2, 2012 and you still leased it as of December 23, 2013, you are considered a Current Lessee.

Leased your Class Vehicle on or before November 2, 2012 and you no longer leased or owned it as of December 23, 2013, you are considered a Former Lessee.

Purchased your Fleet Class Vehicle (defined above) on or before November 2, 2012 and you still owned it as of December 23, 2013, provided that HMA had not agreed to repurchase such Class Vehicle at a later date, you are considered a Current Fleet Owner.

Purchased your Fleet Class Vehicle (defined above) on or before November 2, 2012 and you no longer owned it as of December 23, 2013, provided that HMA had not agreed to repurchase such Class Vehicle at a later date, you are considered a Former Fleet Owner.

STEP 2: Determine the Value of Your Lump Sum Payment:

If you are a Current Original Owner, Current Non-Original Owner, Current Fleet Owner, or Current Lessee, refer to Schedule A (found at the end of these Frequently Asked Questions) for the amount that corresponds to your vehicle and Class Member type.

If you are a Former Owner, Former Fleet Owner, or Former Lessee, you are entitled to a Lump Sum Payment with the same cash value that you would receive pursuant to the Lifetime Reimbursement Program.  As further explained in Step 3 below, you can determine this cash value by using the reimbursement calculator located on this website here.

Lump Sum Payments may be claimed in three different ways:  (1) as a Cash Debit Card at 100% cash value of the amount listed on Schedule A (found at the end of these Frequently Asked Questions); (2) a Dealer Service Debit Card valued at 150% of the amount listed on Schedule A; or (3) a New Car Rebate Certificate valued at 200% of the amount listed on Schedule A.  Details regarding each option are provided in Table 1 below.

After determining the value of the form of compensation set forth in Table 1 below, a deduction will be made for any amounts already received from the Lifetime Reimbursement Program.  If you have questions regarding how much you may have already received under the Lifetime Reimbursement Program, e-mail hyundaimpgsettlement@jnrcorp.com or call 877-277-0012.

Table 1
Lump Sum Payments

  • Option 1
    Cash Debit Card
    • 100% of cash value of Lump Sum Payment (minus amounts already received from Lifetime Reimbursement Program)
    • May be used like a credit card or at an ATM
    • No issuer-imposed restrictions that would prevent a recipient transferring the entire balance of the debit card to a checking or other bank account
    • Non-transferrable
    • Expires one year after it is issued
  • Option 2
    Dealer Service Debit Card
    • 150% of amount that otherwise would be paid as a Cash Debit Card (minus amounts already received from Lifetime Reimbursement Program)
    • May only be used at an authorized Hyundai dealer (for Settlement Class Members who own(ed) or lease(d) Hyundai Class Vehicles) in payment towards merchandise, parts or service
    • Non-transferrable
    • Expires two years after it is issued
  • Option 3
    New Car Rebate Certificate
    • 200% of the amount that otherwise would be paid as a Cash Debit Card (minus amounts already received from Lifetime Reimbursement Program)
    • May only be used toward the purchase of a new Hyundai vehicle (for Settlement Class Members who own(ed) or lease(d) Hyundai Class Vehicles).
    • Non-transferrable, except that it may be transferred to a family member (child, parent or sibling)
    • Expires three years after it is issued.

 

The value of any Cash Debit Card, Dealer Service Debit Card, or New Car Rebate Certificate shall remain the property of the issuer, HMA, unless and until it is expended by the Settlement Class Member.  Upon expiration of any Cash Debit Card, Dealer Service Debit Card, or New Car Rebate Certificate, any unexpended funds shall remain the permanent property of the issuer (HMA).  No issuer fees will be imposed on the recipient of a Cash Debit Card, Dealer Service Debit Card, or New Car Rebate Certificate.  If a Cash Debit Card, Dealer Service Debit Card, or New Car Rebate Certificate is lost or destroyed, the unused portion will be replaced upon request.  However, HMA accepts no responsibility for replacing any portion of a card or certificate that was used on or before the date that a request for replacement is received.  Re-issuance of any card or certificate will not affect the original expiration date.

STEP 3: Estimate Your Lifetime Reimbursement Program Compensation:

The Lifetime Reimbursement Program is summarized above.

Detailed information about the Lifetime Reimbursement Program, including a reimbursement calculator that provides a reimbursement estimate, is available at this website here. High mileage drivers may receive greater amounts from the Lifetime Reimbursement Plan.  If you are already participating in the Lifetime Reimbursement Program, you do not need to take any further action to remain in the program.

STEP 4: Determine Whether You Can Receive Additional Compensation

If you are a Current Original Owner, Current Lessee, or Current Fleet Owner of an Elantra, Accent, Veloster or Sonata Hybrid listed on Schedule A (found at the end of these Frequently Asked Questions) and you elect to remain in or register for the Lifetime Reimbursement Program, you can still receive a one-time “Additional Compensation” payment under the Settlement.

If you are a Former Owner of an Elantra, Accent, Veloster or Sonata Hybrid listed on Schedule A (found at the end of these Frequently Asked Questions) and you elect to remain in or register for the Lifetime Reimbursement Program (or elect to receive a Lump Sum Payment in the form of a Cash Debit Card), you can receive the additional compensation set forth below if:  (i) you were the original retail owner of that particular Class Vehicle (e.g., you did not purchase the Class Vehicle as a Fleet Vehicle); and (ii) you were the owner of that Class Vehicle on February 12, 2013.

The Additional Compensation you can receive is:

Current Original Owners
Certain Former Owners (described above)

 

$100 per Elantra, Accent, Veloster, and Sonata Hybrid Class Vehicle.  You can receive this Additional Compensation in any form of compensation outlined in Table 1 above.

Current Lessees and Current Fleet Owners

 

$50 per Elantra, Accent, Veloster, and Sonata Hybrid Class Vehicle.  You can receive this Additional Compensation in any form of compensation outlined in Table 1 above.

 

If you elect to remain in or register for the Lifetime Reimbursement Program, you must submit a claim to get this Additional Compensation under the Settlement.

To the extent that any Current Original Owner, Current Lessee, Current Fleet Owner, or Current Non-Original Owner of an Elantra, Accent, Veloster or Sonata Hybrid listed on Schedule A  (found at the end of these Frequently Asked Questions) elects not to participate (or elects to stop his or her participation) in the Lifetime Reimbursement Program but instead decides to receive a Lump Sum Payment under the Settlement, the foregoing Additional Compensation is already included in the Lump Sum Payment amounts listed on the Schedule A at the end of these Frequently Asked Questions.

How can I participate in the Settlement?

If you wish to receive the benefits offered under this Settlement, then you will be required to submit a claim by July 6, 2015.  You can submit your claim electronically at this website or you can mail, fax, or e-mail a claim form, which you can also obtain at this website or by calling 877-277-0012.

When would I get my Settlement benefits?

The Hon. George H. Wu, U.S. District Court Judge, will hold a hearing on June 11, 2015 at 9:30 a.m. at the U.S. District Court for the District of Central California, Western Division, 312 North Spring Street, Los Angeles, CA 90012-4793, to decide whether to approve this Settlement.  (The hearing may be rescheduled without further notice.  Updated scheduling informationis available at this website, in person at the office of the Clerk of Court at the above address during regular business hours, or from the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cacd.uscourts.gov.)  If the Court approves the Settlement, there may be appeals afterwards.  It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps even more than a year.  You may continue to check on the progress of the Settlement by visiting this website or calling 877-277-0012.  Payments under the Settlement will begin once the Settlement has been finally approved by the Court and any appeals from that decision have not overturned that approval.  Payments under the Lifetime Reimbursement Program have already begun and will continue regardless of the settlement approval process.  

What am I giving up to stay in the Class and receive a benefit?

Unless you exclude yourself in writing (as described below), you will be treated as part of the Class Action Settlement. That means that you can’t sue, continue to sue, or be part of any other lawsuit against HMA, Kia Motors America, Inc., Hyundai America Technical Center, Inc. (also doing business as Hyundai-Kia America Technical Center), Hyundai Motor Company, Kia Motors Corporation, all affiliates of the Hyundai Motor Group, or any other related entity or person about the legal issues in this case 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 pertain to something other than a Class Vehicle.

What if I don’t want to participate in this Settlement?

If you don’t want to participate in this Settlement, but you want to keep the right to sue or continue to sue HMA or Kia Motors America, Inc., on your own, about the legal issues in this case, then you must take steps to get out.  This is called “excluding yourself”—or it is sometimes referred to as “opting out” of the Class.

How do I get out of the Settlement?

To exclude yourself from the Settlement, you must send a letter by mail stating that you want to “opt-out” or “be excluded from the Settlement.”  Be sure to include your name, address, telephone number, your signature, the Vehicle Identification Number (VIN) of your vehicle (which is located on a placard on the top of the dashboard visible through the driver’s side corner of the windshield), and refer to the case as In Re: Hyundai and Kia Fuel Economy Litigation, No. MDL 13-2424-GW(FFMx) (C.D. Cal.).  You must mail your exclusion request postmarked no later than March 5, 2015 to the following address:

Class Counsel:

 

Robert B. Carey
Hagens Berman Sobol Shapiro LLP
11 West Jefferson Street, Suite 1000
Phoenix, AZ  85003

 

 

 

You can't exclude yourself on the phone or by e-mail.  Please keep for your records a copy of any exclusion (or opting out) letter. 

If you ask to be excluded, you will not qualify for any of the Settlement benefits, and you cannot object to the Settlement.  You will also not be legally bound by anything that happens in this lawsuit.  Depending on the laws in your state, you may be able to sue (or continue to sue) HMA and the related entities listed in the response to the prior question.

If I don’t exclude myself, can I sue HMA or Kia Motors America, Inc. for the same thing later?

Unless you exclude yourself, you give up the right to sue HMA, Kia Motors America, Inc., Hyundai America Technical Center, Inc., (also doing business as Hyundai-Kia America Technical Center), Hyundai Motor Company, Kia Motors Corporation, all affiliates of the Hyundai Motor Group, and any other related entity or person for the claims that this Settlement resolves.

If you have a pending lawsuit against HMA, Kia Motors America, Inc., or the related entities listed in the prior paragraph, speak to your lawyer who represents you in that lawsuit immediately.  You must exclude yourself from this Class to continue your own lawsuit if it concerns the same legal issues in this case.  Remember, the exclusion deadline is March 5, 2015.

If I exclude myself, can I get benefits from this Settlement?

If you exclude yourself, you will not be eligible for benefits under the Settlement.

If you exclude yourself, you can still participate in the Lifetime Reimbursement Program (including by keeping any reimbursement you already received and continuing to receive reimbursement pursuant to the Lifetime Reimbursement Program for as long as you own or lease the vehicle), as long as you have registered for the Lifetime Reimbursement Program by July 6, 2015.

If you exclude yourself, you will not be prohibited by this Settlement from suing, continuing to sue, or being part of a different lawsuit against HMA and the other legal entities listed above concerning the legal issues in this case.

Do I have a lawyer in the case?

The Class Representatives have asked the Court to appoint their lawyers (the law firms of Hagens Berman Sobol Shapiro LLP and McCuneWright, LLP) as Class Counsel to represent you and the Class.  Together, the lawyers are called Class Counsel.  The Court has granted that request.  You will not be charged for any fees or costs of these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.

How will the lawyers be paid?

Class Counsel will ask the Court for attorneys’ fees and expenses of no more than $12 million.  The Court may award less than this amount.  Court-Appointed Liaison Counsel and Plaintiffs’ counsel representing other persons who filed lawsuits against the Defendants are also expected to ask the Court for attorneys’ fees and expenses.  It will be up to the Court to decide whether the Defendants will be ordered to pay any of those fees or expenses.  You can obtain updated information about attorneys’ fees and costs requests by visiting this website and clicking here. The Defendants will separately pay any and all of the attorneys’ fees and expenses that the Court awards.  The Defendants will also separately pay the costs to administer the Settlement.  The payment of settlement administration costs and attorneys’ fees and expenses will not diminish (or be taken from) the settlement funds available to class members.

Can I object to the Settlement?

You can tell the Court that you don’t agree with the Settlement or some part of it.

How do I tell the Court that I don’t like the Settlement?

If you stay in the Class, you can object to the Settlement if you don’t like any part of it.  The Court can only approve or deny the settlement.  The Court cannot order that the parties agree to a different settlement.  If the Court denies approval, no Settlement benefits will be available at this time and the lawsuit will continue.  You should give reasons why you think the Court should not approve the Settlement or why you object to any part of it.  The Court will consider your views.

To object, you must send a letter saying that you object to the Settlement in In Re: Hyundai and Kia Fuel Economy Litigation, No. MDL 13-2424-GW(FFMx) (C.D. Cal.).  Be sure to include your name, address, telephone number, your signature, the Vehicle Identification Number (VIN) of your vehicle (which is located on a placard on the top of the dashboard visible through the driver’s side corner of the windshield), and the reasons you object to the Settlement.  Mail the objection to the following address with a postmark no later than March 5, 2015:

To Liaison Counsel:

 

 

Eric H. Gibbs, Esq.
Girard Gibbs LLP
601 California Street, 14th Floor
San Francisco, California 94108
 

 

 

 

What’s 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 Class.  Excluding yourself is telling the Court that you don’t want to be part of the Class.  If you exclude yourself, you cannot object because the case no longer affects you.

The Court will hold a hearing to decide whether to approve the Settlement.  You may attend and you may ask to speak, but you don’t have to.

When and where will the Court decide whether to approve the Settlement?

The Court will hold a Final Settlement Approval Hearing on June 11, 2015 at 9:30 a.m. before the Hon. George H. Wu in the U.S. District Court for the District of Central California, Western Division, 312 North Spring Street, Los Angeles, CA 90012-4793.  He will decide if the Settlement is fair, reasonable and adequate.  If there are objections, the Court will consider them.  The Court will listen to people who have asked to speak at the hearing.  The Court may also decide how much Class Counsel and any other attorneys should be paid.  After the hearing, the Court will decide whether to finally approve the Settlement.  We do not know how long these decisions will take.  The hearing may be rescheduled without further notice to you.  Updated scheduling information is available at this website, in person at the office of the Clerk of Court at the above address during regular business hours, or from the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cacd.uscourts.gov.

Do I have to come to the hearing?

You do not have to come to the hearing.  Class Counsel will answer any questions Judge Wu may have.  But you are welcome to come at your own expense.  If you send a written objection, you don’t have to come to Court to talk about it.  As long as you mailed your written objection on time, the Court will consider it.  You may also pay your own lawyer to attend, but it’s not necessary.

May I speak at the hearing?

You may ask the Court for permission to speak at the Final Settlement Approval Hearing.  If you send a written objection, you don’t have to come to Court to talk about it.  As long as you mailed your written objection on time, the Court will consider it.  If, in addition to submitting a written objection, you do wish to speak at the Final Settlement Approval Hearing, you must send a letter saying that it is your “Notice of Intention to Appear in In Re: Hyundai and Kia Fuel Economy Litigation, No. MDL 13-2424-GW(FFMx).”  Be sure to include your name, address, telephone number, the Vehicle Identification Number (VIN) of your vehicle (which is located on a placard on the top of the dashboard visible through the driver’s side corner of the windshield), and your signature.  Your Notice of Intention to Appear must be postmarked no later than March 5, 2015, and be sent to the Clerk of the Court at the address listed above).  You can retain your own attorney to speak on your behalf, but you will be responsible for paying that attorney.

You cannot speak at the hearing if you exclude yourself from the Settlement. 

What happens if I do nothing at all?

If you do nothing, you will remain in the Class but will not receive any benefits from the Settlement.  In order to receive compensation, you must either submit a claim or participate in the Lifetime Reimbursement Program.

If you do not exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against HMA or any of the other entities listed above concerning the legal issues in this case, ever again.

Are there more details about the Settlement?

This notice summarizes the proposed Settlement.  More details are in the Amended Settlement Agreement available on this website.  You can get a copy of the Amended Settlement Agreement by writing to Class Counsel at the address listed below, downloading a copy from this website, or requesting a copy by calling 877-277-0012.  Neither the Defendants nor the Class Representatives make any representation regarding the tax effects, if any, of receiving any benefits under this Settlement or under the Lifetime Reimbursement Program.  Consult your tax adviser for any tax questions you may have.

Class Counsel:

 

Robert B. Carey
Hagens Berman Sobol Shapiro LLP
11 West Jefferson Street, Suite 1000
Phoenix, AZ  85003

 

 

 

How do I get more information?

If this website does not contain the information you are looking for, you can also call toll-free at 877-277-0012.  You may also contact  Class Counsel at the following address:  Robert B. Carey; Hagens Berman Sobol Shapiro LLP; 11 West Jefferson Street, Suite 1000; Phoenix, AZ  85003. 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.

SCHEDULE A
VEHICLES AND CASH DEBIT CARD PAYMENT AMOUNTS

 

CURRENT

ORIGINAL OWNER

CURRENT NON-

ORIGINAL OWNER

CURRENT FLEET OWNER

CURRENT

LESSEE

VEHICLE MODEL

2013 Model Year

2013 Accent (automatic transmission; 1.6 liter engine)

$590

$295

$305

$335

2013 Accent (manual transmission; 1.6 liter engine)

$590

$295

$300

$330

2013 Azera (automatic transmission; 3.3 liter engine)

$480

$240

$250

$280

2013 Elantra (automatic transmission; 1.8 liter engine)

$345

$173

$175

$195

2013 Elantra (manual transmission; 1.8 liter engine)

$345

$173

$175

$195

2013 Elantra Coupe (automatic transmission; 1.8 liter engine)

$240

$120

$125

$140

2013 Elantra Coupe (manual transmission; 1.8 liter engine)

$350

$175

$175

$195

2013 Elantra GT (automatic transmission; 1.8 liter engine)

$715

$358

$375

$420

2013 Elantra GT (manual transmission; 1.8 liter engine)

$480

$240

$250

$280

2013 Genesis (automatic transmission; 3.8 liter engine)

$715

$358

$375

$420

2013 Santa Fe Sport 2WD Turbo (automatic transmission; 2.0 liter engine)

$715

$358

$375

$420

2013 Santa Fe Sport 2WD (automatic transmission; 2.4 liter engine)

$715

$358

$375

$420

2013 Santa Fe Sport 4WD Turbo (automatic transmission; 2.0 liter engine)

$715

$358

$375

$420

2013 Santa Fe Sport 4WD (automatic transmission; 2.4 liter engine)

$480

$240

$250

$280

2013 Tucson 2WD (automatic transmission; 2.0 liter engine)

$480

$240

$250

$280

2013 Tucson 2WD (automatic transmission, 2.4 liter engine)

$240

$120

$125

$140

2013 Tucson 2WD (manual transmission; 2.0 liter engine)

$480

$240

$250

$280

2013 Tucson 4WD (automatic transmission; 2.4 liter engine)

$480

$240

$250

$280

2013 Veloster Turbo (automatic transmission; 1.6 liter engine)

$240

$120

$125

$140

2013 Veloster (automatic transmission; 1.6 liter engine)

$585

$293

$300

$330

2013 Veloster (manual transmission; 1.6 liter engine)

$345

$173

$175

$195

2013 Veloster Turbo (manual transmission; 1.6 liter engine)

$480

$240

$250

$280

2012 Model Year

2012 Accent (automatic transmission; 1.6 liter engine)

$530

$265

$275

$290

2012 Accent (manual transmission; 1.6 liter engine)

$510

$255

$265

$280

2012 Azera (automatic transmission; 3.3 liter engine)

$515

$258

$275

$305

2012 Elantra (automatic transmission; 1.8 liter engine)

$320

$160

$160

$165

2012 Elantra (manual transmission. 1.8 liter engine)

$320

$160

$160

$165

2012 Genesis (automatic transmission; 3.8 liter engine)

$450

$225

$240

$270

2012 Genesis (automatic transmission; 4.6 liter engine)

$600

$300

$315

$355

2012 Genesis (automatic transmission; 5.0 liter engine)

$600

$300

$315

$355

2012 Genesis R-Spec (automatic transmission; 5.0 liter engine)

$675

$338

$355

$400

2012 Sonata Hybrid Electric Vehicle (automatic transmission; 2.4 liter engine)

$320

$160

$160

$170

2012 Tucson 2WD (automatic transmission; 2.0 liter engine)

$320

$160

$170

$190

2012 Tucson 2WD (automatic transmission; 2.4 liter engine)

$365

$183

$190

$210

2012 Tucson 2WD (manual transmission; 2.0 liter engine)

$420

$210

$220

$245

2012 Tucson 4WD (automatic transmission; 2.4 liter engine)

$425

$213

$220

$245

2012 Veloster (automatic transmission; 1.6 liter engine)

$535

$268

$285

$320

2012 Veloster (manual transmission; 1.6 liter engine)

$360

$180

$190

$200

2011 Model Year

2011 Elantra (automatic transmission; 1.8 liter engine)

$320

$160

$160

$160

2011 Elantra (manual transmission; 1.8 liter engine)

$345

$173

$160

$160

2011 Sonata Hybrid Electric Vehicle (automatic transmission; 2.4 liter engine)

$280

$140

$140

$140