- Why did I receive a Notice?
- What are these lawsuits about?
- Why is this a class action?
- Why is there a settlement?
- How do I know if I am part of the Settlement?
- Which vehicles are included?
- If I bought or leased a Class Vehicle that has not had problems, am I included?
- I am still not sure if I’m included.
- What does the Settlement provide?
- How do I make a Claim?
- When would I get my reimbursement?
- What if my Claim is found to be deficient?
- What am I giving up to stay in the Settlement Class?
- How do I get out of the Settlement?
- If I don’t exclude myself, can I sue for the same thing later?
- If I exclude myself, can I get the benefits of this Settlement?
- Do I have a lawyer in this case?
- How will the lawyers be paid? Will the Class Representatives receive service payments?
- How do I tell the Court if I do not like the Settlement?
- What is the difference between objecting and excluding?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the Fairness Hearing?
- May I speak at the Fairness Hearing?
- What happens if I do nothing at all?
- Are there more details about the Settlement?
- Where can I get more information?
Why did I receive a Notice?
According to public records and/or the records of Kia America, Inc. (“KA”), you bought or leased a Class Vehicle in the United States. This may also include a Class Vehicle you purchased while abroad on active U.S. military duty. The Court has ordered a Notice be sent to you because you have a right to know about a settlement of a class action lawsuit and about your options in that lawsuit. The Court approved the Settlement, and after objections and appeals are resolved, KA will provide payments and other benefits agreed to in the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
To view a copy of the Notice, click here.Back To Top
What are these lawsuits about?
The people who filed these lawsuits are called Plaintiffs, and the companies they sued, KC, and KA, are called Defendants. The Plaintiffs allege that the Class Vehicles suffer from a defect in their ABS Modules that can result in engine compartment fires and the loss of ABS functionality. The Plaintiffs also allege that some owners and lessees have been improperly denied repairs under the vehicles’ warranties. KC and KA each deny the Plaintiffs’ allegations.Back To Top
Why is this a class action?
In a class action lawsuit, one or more persons, called “Class Representatives” (in this case Kimberly Elzinga, Theodore Maddox, Jr., Jacqueline Washington, Ramtin Zakikhani, Patti Talley, Ana Olaciregui, Elaine Peacock, Melody Irish, Donna Tinsley, Brenda Evans, Anthony Vacchio, Minda Briaddy, Adam Pluskowski, Ricky Barber, Lucille Jacob, Carla Ward, Pepper Miller, and Cindy Brady), sue on behalf of people who have similar claims. All of these people and those similarly situated are a “Settlement Class” or “Settlement Class Members.” One court resolves the issues for all Settlement Class Members, except those who exclude themselves from the Settlement Class.
The Court in charge of the cases is the United States District Court for the Central District of California, and the cases are known as Zakikhani, et al. v. Hyundai Motor Company, et al., No. 8:20-cv-01584 (C.D. Cal.); Evans, et al. v. Hyundai Motor Company, et al., No. 8:22-cv-00300 (C.D. Cal.); and Pluskowski, et al. v. Hyundai Motor America, et al., No. 8:22-cv-00824 (C.D. Cal.). District Judge Stanley Blumenfeld, Jr. is presiding over these class actions.Back To Top
Why is there a settlement?
The Class Representatives and Defendants agreed to a settlement to avoid the cost and risk of further litigation, including a potential trial, and so that the Settlement Class Members can receive payments and other benefits in exchange for releasing the Defendants from liability. The Settlement does not mean that the Defendants broke any laws and/or did anything wrong, and the Court did not decide which side was right.
The Class Representatives and Defendants entered into an Amended Settlement Agreement (“Settlement” or “Settlement Agreement”) that was preliminarily approved by the Court, which authorized the issuance of the Notice. The Class Representatives and the lawyers representing them (called “Class Counsel”) believe that the Settlement is in the best interest of the Settlement Class Members.
This website and the Notice summarize the essential terms of the Settlement. The Settlement Agreement, along with all exhibits and addenda, sets forth in greater detail the rights and obligations of the Parties. If there is any conflict between this website, the Notice, and the Settlement Agreement, the Settlement Agreement governs.Back To Top
How do I know if I am part of the Settlement?
Judge Blumenfeld decided that, for the purposes of this Settlement, everyone who fits the following description is covered by the Settlement:
All owners and lessees of a Class Vehicle who purchased or leased a Class Vehicle in the United States, including those that were purchased while the owner was abroad on active U.S. military duty.
Excluded from the Settlement are:
- 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;
- HMA, HMC, KA, KC, and any affiliate, parent, or subsidiary of HMA, HMC, KA and KC;
- Any entity in which HMA, HMC, KA, or KC has a controlling interest;
- Any officer, director, or employee of HMA, HMC, KA, or KC;
- Any successor or assign of HMA, HMC, KA, or KC;
- 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;
- 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);
- 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;
- 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
- Those persons who timely and validly exclude themselves from the Settlement Class.
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Am I a Class Member?
The “Class Vehicles,” for the purpose of this Settlement, are the models and model years as described below that were the subject of NHTSA Recalls.
Make and Model Model Years Kia Cadenza 2017, 2018, and 2019 Kia K900 2016, 2017, and 2018 Kia Optima 2013, 2014, and 2015 Kia Sedona 2006, 2007, 2008, 2009, and 2010 Kia Sorento 2007, 2008, 2009, 2014, and 2015 Kia Sportage 2008, 2009, 2014, 2015, 2016, 2017, 2018, 2019, 2020, and 2021 Kia Stinger 2018, 2019, 2020, and 2021
For purposes of this Settlement, “NHTSA Recalls” refer to NHTSA Recall Campaigns 16V815, 18V026, 20V061, 20V088, 20V518, 20V519, 20V520, 20V543, 21V160, 21V161, 21V303, 21V331, 21V137, 22V051, and 22V056.Back To Top
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.Back To Top
I am still not sure if I’m included.
If you are still not sure whether you are included, you can ask for free help. You can review the Settlement Agreement or call 1-800-572-1168 (Toll-Free) and ask whether your vehicle is included in the Settlement. You may also check if your vehicle is part of the Settlement, by verifying your Vehicle Identification Number (“VIN”) here.
If you call the toll-free number or check your VIN on this website, you will need to have your Vehicle Identification Number (“VIN”) ready. The VIN is located on a small placard on the top of the vehicle’s dashboard and is visible through the driver’s side corner of the windshield. It also appears on your vehicle registration card and may also appear on your vehicle insurance card. Your VIN should have 17 characters, a combination of both letters and numbers.Back To Top
What does the Settlement provide?
The Settlement provides the following benefits Warranty Extension, Free One-Time Inspection, Reimbursement for Past Repairs, Reimbursement for Rental Cars, Towing, etc. and Compensation for Vehicle Loss Due to Engine Compartment Fire.
For Settlement Class Members whose Class Vehicles have a New Vehicle Limited Warranty that remains in effect as of the date of the Court’s Preliminary Approval Order, KA shall extend the warranty for Class Vehicles’ ABS Modules that have been repaired or replaced pursuant to a NHTSA Recall to cover future Qualifying Repairs for twelve (12) years from the date of original retail delivery or date of first use, whichever is later.
For Settlement Class Members whose Class Vehicles have an expired New Vehicle Limited Warranty as of the date of the Court’s Preliminary Approval Order, KA will provide a warranty for Class Vehicles’ ABS Modules that have been repaired or replaced pursuant to a NHTSA Recall to cover future Qualifying Repairs for five (5) years from the date of the Final Approval Order and Judgment.
If KA is unable to repair or replace a Class Vehicle’s ABS Module pursuant to a NHTSA Recall due to the unavailability of necessary components, KA will provide a warranty for the Class Vehicle’s ABS Module to cover future Qualifying Repairs for five (5) years from the date the NHTSA Recall repair or replacement is complete, provided, however, that the Settlement Class Member must attest in writing that they attempted to get an appointment for the recall repair at an authorized Kia dealer but could not due to parts unavailability.
The extended warranties described above cover all costs related to a Qualifying Repair. Settlement Class Members are suggested to retain all vehicle maintenance records and may be required to provide records for vehicle maintenance performed to receive warranty repairs.
You do NOT need to submit a Claim Form to receive this warranty extension for the ABS Modules under this Settlement.
The warranty extension may be denied for Exceptional Neglect of the vehicle, which means: (a) when the vehicle clearly evidences a lack of maintenance or care, such that the vehicle appears dilapidated, abandoned, and/or beyond repair as a result of gross failure to service and/or maintain the vehicle; (b) failure of a Settlement Class Member to present a Class Vehicle to an authorized Kia dealer to have the ABS Module in their Class Vehicle inspected within ninety (90) days of the Class Vehicle’s ABS or ESC dashboard warning lights becoming illuminated; or (c) failure of a Settlement Class Member to present a Class Vehicle to an authorized Kia dealer to have the ABS Module in their Class Vehicle inspected, repaired, and/or replaced pursuant to an applicable NHTSA Recall within ninety (90) days of (i) the Notice Date, (ii) the mailing of the recall campaign notice, or (iii) the availability of the parts necessary to repair the Class Vehicle’s ABS Module pursuant to the recall at the nearest authorized Kia dealer, whichever is later.
The benefits provided by the extended warranties described above will become available after the Settlement has been finally approved by the Court and any appeals from that decision are completed.
If a Settlement Class Member brings their Class Vehicle into an authorized Kia dealership for another unrelated service, the Settlement Class Member may request a free, one-time inspection of the Class Vehicle’s ABS Module, to the extent the Class Vehicle’s ABS Module was previously repaired or replaced pursuant to a NHTSA Recall, to ensure the repaired or replaced ABS Module is not affected by the Qualifying Defect.
This free one-time inspection will become available after the Settlement has been finally approved by the Court and any appeals from that decision are completed.
You may be entitled to reimbursement of money you spent on certain Class Vehicle repairs.
Date of Repairs: To be eligible for reimbursement, a Qualifying Repair must have been completed prior to the date that the Settlement was signed or within 60 days of the date of the Final Approval Order and Judgment.
Types of “Qualifying Repairs”: A “Qualifying Repair” includes any type of repair, replacement, diagnosis, or inspection, including a repair pursuant to a NHTSA Recall, of a Class Vehicle arising from the Qualifying Defect, excluding cases of Exceptional Neglect.
A “Qualifying Defect” is an electrical short circuit in the ABS Module and/or failure of the ABS Module that may result in an engine compartment fire.
Goodwill Payment For Non-Collision Fires: Any Settlement Class Member whose Class Vehicle experienced a non-collision fire caused by the Qualifying Defect that would have otherwise been addressed by a Qualifying Repair (with the fire having occurred prior to ninety (90) days following availability of the recall for the Class Vehicle or the date of the Final Approval Order and Judgment, whichever is later, or following repair or replacement of the ABS Module pursuant to a NHTSA Recall) will also receive a goodwill payment of $140 from KA.
Make a Timely Claim: You must file a timely Claim Form to request reimbursement for past repairs (see FAQ 10).
Repair reimbursements shall be provided to Settlement Class Members even if warranty coverage was initially denied for the Qualifying Repair on the grounds that it was necessitated by a failure to properly service or maintain the vehicle, provided, however, that the Qualifying Repair was not necessitated by Exceptional Neglect.
For information on how to claim Reimbursement for Past Repairs, see FAQ 10 for how to make your Claim using the Claim Form.
You may be entitled to reimbursement for money you spent on rental cars, towing services, and similar out-of-pocket expenses, if the expense was reasonably related to obtaining a Qualifying Repair and you make a timely Claim using the Claim Form (see FAQ 10).
If prior to ninety (90) days following the availability of a recall remedy for your Class Vehicle or the date of the Final Approval Order and Judgment, whichever is later, or following a repair or replacement of your Class Vehicle’s ABS Module pursuant to a NHTSA Recall, you suffered a Total Loss of your Class Vehicle due to a fire caused by the Qualifying Defect, you may be entitled to receive compensation for the value of the vehicle, and an additional $140 goodwill payment.
You must file a timely Claim Form to request compensation for vehicle loss due to engine compartment fire (see FAQ 10).
For purposes of this Settlement, “Total Loss” means any Class Vehicle incident that would have led to a Qualifying Repair, but either the cost of the repair was too great or other circumstances led the Settlement Class Member or owner to dispose of the Class Vehicle at a loss. This includes events in which there was insurance coverage, but where the Settlement Class Member was still not made whole by such insurance payments.
If you own your Class Vehicle and it is a Total Loss, the amount of compensation will be based on the maximum Black Book value of the vehicle at the time of loss, minus any proceeds or actual value received, subject to verification. If you lease your Class Vehicle and it is a Total Loss, the amount of compensation will be based on the greater of: (1) maximum Black Book value of the Class Vehicle at the time of loss, or (2) the outstanding lease balance, if any, due to the lessor following the disposal of the Class Vehicle in accordance with the terms of the lease, minus any proceeds or actual value received and minus any amounts owed under the lease that are attributable to negative equity that was rolled into the lease from a prior vehicle purchase, subject to verification. If you own or lease a Class Vehicle that suffers a Partial Loss due to a fire caused by the Qualifying Defect, you will be entitled to a Qualifying Repair to the extent such Qualifying Repair is covered by the extended warranties provided by the Settlement Agreement.
For both Partial Losses and Total Losses, you must submit a Claim demonstrating the fire was caused by the Qualifying Defect. The vehicle’s maintenance history or lack thereof before the repair diagnosis will not be a basis for denying or limiting compensation under this section (excepting Exceptional Neglect).
To be considered for compensation, submit a Claim using the Claim Form (see FAQ 10). After you submit your Claim, you will be contacted by the Settlement Administrator and advised of the process for evaluation of your Claim and proposed compensation. If you are unsatisfied with the proposal, you can elect telephone arbitration through the Better Business Bureau (“BBB”).Back To Top
How do I make a Claim?
You can fill out a Claim Form online here, or download a copy of the Claim Form here to submit by mail, or email to the address listed below. You must include copies of documentation as specified on the Claim Form and they must be completed by the deadlines as described below.
Kia HECU Settlement
P.O. Box 3139
Portland, OR 97208-3139
Claim Forms must be submitted online via this website, via email, or postmarked no later than July 9, 2023 or 60 days from when the expense was incurred for repair-related reimbursements. Claims for vehicle loss due to engine compartment fire can be filed if the qualifying fire occurred on or prior to August 8, 2023. The deadline to file a claim for repair reimbursement passed on July 19, 2023.
For repair reimbursements and qualified repair-related expenses incurred after final approval of the settlement, claims may still be made up to sixty (60) days after the expense is incurred. For more information, please contact the Settlement Administrator.
Please keep a copy of your completed Claim Form and all documentation you submit for your own records.
If you fail to submit a Claim Form and supporting documents by the required deadline, you will not be eligible to receive any reimbursement. Sending in a Claim Form late will be the same as doing nothing.Back To Top
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 after the Court’s Order giving final approval to the Settlement and any appeals are resolved. When the date becomes known, it will be posted on this website.
The Hon. Stanley Blumenfeld, Jr., U.S. District Court Judge, held a Fairness Hearing on April 21, 2023, 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 Court issued its Final Approval Order on May 5, 2023, and its Final Judgment on May 10, 2023. A notice of appeal was filed on July 13, 2023. 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 this website or calling 1-800-572-1168 (Toll-Free). Payments under the Settlement will begin once the appeal window closes and any filed appeals are resolved.Back To Top
What if my Claim is found to be deficient?
If a Claim is found to be deficient and is rejected during the review process by the Settlement Administrator, the Settlement Class Member will be notified of the deficiency. The Settlement Class Member will then have an opportunity to remedy the deficiency within thirty (30) days of the notice.Back To Top
What am I giving up to stay in the Settlement Class?
Unless you excluded yourself from the Settlement Class in writing (see FAQ 14), 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) 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 gave up by staying the Settlement Class, you may view Section VI of the Settlement Agreement, contact the Class Counsel for free, or speak with your own lawyer at your own expense. Class Counsel may be contacted at addresses listed below.
Elizabeth A. Fegan
Fegan Scott LLC
150 S. Wacker Drive
Chicago, IL 60606
Hagens Berman Sobol Shapiro LLP
1301 Second Avenue
Seattle, WA 98101
How do I get out of the Settlement?
To have excluded yourself from the Settlement you must have submitted a letter by U.S. Mail or email saying that you wanted to "opt out of" or "be excluded from" the Settlement Class no later than April 4, 2023. The deadline has now passed.
If you asked to be excluded, you cannot receive any benefits under this Settlement and cannot object to the Settlement. If you chose to be excluded, or opt out, you are excluded for all claims you have that are included in the Settlement. You will not be legally bound by anything that happens in these lawsuits. Depending on the laws in your state, you may be able to sue (or continue to sue) HMA, HMC, KC, KA, or other related entities or individuals in the future about the legal issues in this case.Back To Top
If I don’t exclude myself, can I sue for the same thing later?
No. Unless you excluded yourself (opt out), you gave up the right to sue HMA, HMC, KC, KA, and other related entities or individuals for the claims that this Settlement resolves.
If you have a pending lawsuit against HMA, HMC, KC, KA, or related entities, speak to your lawyer in that lawsuit immediately. You must have excluded yourself from this Settlement Class to continue your own lawsuit if it concerns the same legal issues in this case. The exclusion deadline was April 4, 2023. The deadline to exclude yourself has now passed.
If you are a Settlement Class Member and you do nothing, you will remain a Settlement Class Member and all of the Court’s orders will apply to you. You will be eligible for the Settlement benefits described above as long as you satisfy the conditions for receiving each benefit, and you will not be able to sue the Defendants over the issues in this lawsuit.Back To Top
If I exclude myself, can I get the benefits of this Settlement?
No. If you excluded yourself, do not send in a Claim Form to ask for any reimbursement and do not seek repairs under the Settlement’s warranty extension. However, you may sue, continue to sue, or be part of a different lawsuit against HMA, HMC, KC, KA, and other related entities or individuals for the claims that this Settlement resolves.Back To Top
Do I have a lawyer in this case?
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". You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own cost. If you have questions about the Settlement you can contact them at the following addresses:
Elizabeth A. Fegan
Fegan Scott LLC
150 S. Wacker Drive
Chicago, IL 60606
Hagens Berman Sobol Shapiro LLP
1301 Second Avenue
Seattle, WA 98101
How will the lawyers be paid? Will the Class Representatives receive service payments?
Class Counsel asked the Court for attorneys’ fees, expenses, and service payments to each of the named Class Representatives (Kimberly Elzinga, Theodore Maddox, Jr., Jacqueline Washington, Ramtin Zakikhani, Patti Talley, Ana Olaciregui, Elaine Peacock, Melody Irish, Donna Tinsley, Brenda Evans, Anthony Vacchio, Minda Briaddy, Adam Pluskowski, Ricky Barber, Lucille Jacob, Carla Ward, Pepper Miller, and Cindy Brady). Class Counsel's requests and the Court's approval of these costs may be viewed in the Documents section of this website. The Defendants will separately pay the fees, expenses, and service payments that the Court awarded. These amounts will not come out of the funds for payments to Settlement Class Members. You may continue to check on the progress of Class Counsel’s request for attorneys’ fees, expenses, and service awards by visiting this website.
The Defendants will also separately pay the costs to administer the Settlement. The payment of settlement administration costs will not come out of the funds for payments to Settlement Class Members.Back To Top
How do I tell the Court if I do not like the Settlement?
If you are a member of the Settlement Class, you could have objected to the Settlement if you didn't like any part of it. You could have given reasons why you think the Court should not approve it. The Court will consider your views. To object, you must have mailed a letter stating that you object to the addresses below by April 4,2023. The deadline has now passed.
Defense Counsel Settlement Administrator Class Counsel Court Lance A. Etcheverry
Skadden, Arps, Slate, Meagher & Flom LLP
525 University Avenue
Palo Alto, CA 94301
Kia HECU Settlement
P.O. Box 3139
Portland, OR 97208-3139
Elizabeth A. Fegan
Fegan Scott LLC
150 S. Wacker Drive
Chicago, IL 60606
First Street U.S. Courthouse
Clerk of Court
350 W. 1st Street
Los Angeles, CA 90012-4565
Your objection letter must have included:
- The names and titles of the lawsuit, Zakikhani, et al. v. Hyundai Motor Company, et al., No. 8:20-cv-01584 (C.D. Cal.);
- A detailed written statement of each objection being made, including the specific reasons for each objection, and any evidence or legal authority to support each objection;
- Your full name, current address, and current telephone number;
- The model year and VIN of your Class Vehicle;
- A statement whether you or your lawyer will ask to appear at the Fairness Hearing to talk about your objections;
- Any supporting papers, materials, exhibits, or briefs that you want the Court to consider when reviewing the objection;
- The identity of all counsel who represent you, including any former or current counsel who may be entitled to compensation for any reason related to your objection;
- The number of times you, your counsel (if any), or your counsel’s law firm (if any) have objected to a class action settlement within the five (5) years preceding the date that you file the objection and the caption of each case in which such objection was made;
- A statement disclosing any consideration that you, your counsel (if any), or your counsel’s law firm (if any) has received in connection with the resolution or dismissal of an objection to a class action settlement within the five (5) years preceding the date that you file the objection; and
- Your signature and that of your attorney, if you have one.
Submitting an objection allows Class Counsel or counsel for the Defendants to notice your deposition and to seek any documentary evidence or other tangible things that are relevant to your objection. Failure to make yourself available for such a deposition or to comply with expedited discovery requests may result in the Court striking your objection or denying you the opportunity to be heard. The Court may require you or your counsel to pay the costs of any such discovery should the Court determine the objection is frivolous or made for improper purpose.
Objections must have been sent by First-Class Mail to each of the above addresses, postmarked no later than April 4, 2023. Objections submitted after this date will not be considered. The deadline has passed.Back To Top
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 excluded yourself, you have no basis to object because the case no longer affects you.Back To Top
When and where will the Court decide whether to approve the Settlement?
The Court held a Fairness Hearing at 8:30 a.m. on April 21, 2023, at the U.S. District Court for the Central District of California, First Street U.S. Courthouse, 350 W. 1st Street, Los Angeles, CA 90012. At this hearing, the Court considered whether the Settlement is fair, reasonable, and adequate. The Court considered objections and listened to people who asked to speak at the hearing. The Court also decided how much to pay Class Counsel and to approve the Class Representatives’ service awards. The Court issued its Final Approval Order on May 5, 2023, and its Final Judgment on May 10, 2023. A notice of appeal was filed on July 13, 2023. The Effective Date will not occur, nor will Settlement benefits be available, until the filed appeal is resolved. Appeals can take many months to be resolved, so please be patient.
Updates about the status of the case, including information about the Effective Date, will be made available on this website.Back To Top
Do I have to come to the Fairness Hearing?
No. The Fairness Hearing was held on April 21, 2023. Class Counsel answered any questions Judge Blumenfeld had. It was not necessary for Settlement Class Members to attend.Back To Top
May I speak at the Fairness Hearing?
The Fairness Hearing was held on April 21, 2023. Class Counsel answered any questions Judge Blumenfeld had. It was not necessary for Settlement Class Members to attend.Back To Top
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. However, unless you excluded 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 the Defendants for any other claims not resolved by the Settlement.Back To Top
Are there more details about the Settlement?
This website and the Notice summarize the Settlement. More details are in a Settlement Agreement, which you can view here.
Neither Defendants nor the Class Representatives make any representation regarding the tax effects, if any, of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have.Back To Top
How do I get more information?
If you have questions about the Settlement you can contact the Settlement Administrator by calling 1-800-572-1168 (Toll-Free) or sending an email to info@KiaHECUSettlement.com. You may also write to Class Counsel as listed in FAQ 17.
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.Back To Top