— A Hyundai and Kia electric charging class action lawsuit alleges these models are defective because they do not charge as advertised when using level 2 charging:
- Hyundai Ioniq 5
- Hyundai Ioniq 6
- Kia EV6
- Kia Niro EV
- Genesis GV60
Specifically, the class action alleges there are problems with the level 2 chargers that cause them to overheat before the vehicles are charged.
The lawsuit says a level 2 charger can overheat within 30 to 60 minutes which forces customers to unplug and replug the home chargers in order to restart the charging process.
Hyundai and Kia customers contend vehicle components can be damaged when a level 2 charger overheats.
Hyundai and Kia allegedly haven't repaired the charger problems, and a software repair performed by dealerships causes extended charging times because the level 2 charging speeds are decreased.
According to the class action, it may take more than 10 hours to charge a vehicle.
"When the port reaches a certain temperature, the vehicle terminates the charging session as a safety measure, but it does not restart the session once the port has reached an acceptable temperature." — Hyundai and Kia level 2 charger class action lawsuit
Motion to Compel Arbitration
Hyundai and Kia allege the level 2 class action lawsuit shouldn't be in court because the customers signed valid arbitration agreements when they agreed to Kia Connect and Hyundai BlueLink service terms.
Kia and Hyundai contend that the Kia Connect and Hyundai BlueLink Terms of Service are clickwrap agreements. Under a clickwrap agreement, a “user is required to affirmatively acknowledge the agreement before proceeding with use of the website.”
Courts regularly enforce arbitration clauses contained in clickwrap agreements.
Most of the plaintiffs told the judge the arbitration terms shouldn't apply because they did not know there was an arbitration agreement.
According to the judge:
"After considering the relevant facts, the applicable law, and the positions of all parties, the Court concludes that a valid agreement to arbitrate exists between Plaintiffs and Kia and Hyundai." — Judge John W. Holcomb
Judge Holcomb ruled the case is stayed pending arbitration.
The Hyundai and Kia class action lawsuit was filed by these plaintiffs:
- David Gould / New York / 2023 Hyundai Ioniq 5
- Kaushik Iyengar / Georgia / 2023 Hyundai Ioniq 5 Limited
- John Nixon / Florida / 2023 Hyundai Ioniq 5
- Brendon Lobo / Georgia / Hyundai Ioniq 5 SE
- John Nixon / Florida / 2023 Ioniq 5
- Jane Chang Bright / California / 2022 Kia EV6
- Shane Mahon / Illinois / 2022 Hyundai Ioniq 5
- Peter Conheim / California / 2022 Hyundai Ioniq 5
- Kingsley Barnie / New York / 2022 Kia EV6
The Hyundai and Kia level 2 charger class action lawsuit was filed in the U.S. District Court for the Central District of California: David Gould, et al., v. Hyundai Motor Company, et al.
The plaintiffs are represented by Hagens Berman Sobol Shapiro LLP.