— A Hyundai NEXO class action lawsuit alleges the entire idea for the hydrogen fuel cell vehicle in California has been a disaster.
The Hyundai NEXO is a hydrogen fuel cell SUV sold only in California, and the class action includes:
"All persons or entities who purchased or leased a new or used Hyundai Nexo vehicle in California within four years prior to the filing of this Complaint through the date of class certification."
The Hyundai NEXO lawsuit was not only filed against Hyundai, but also defendants California Governor Gavin Newsom, and FirstElement Fuel (True Zero) which owns and operates hydrogen fueling stations throughout California.
According to the class action, the Hyundai NEXO is advertised as capable of 354 to 380 miles per tank of hydrogen fuel, based on "Limited" or "Blue" versions. Hyundai advertises the new NEXO takes only five minutes to refuel, and sales agents allegedly tell customers additional hydrogen fueling stations will open.
Plaintiff Stacy Ross purchased a new 2023 Hyundai Nexo but says she wishes she hadn't. The plaintiff contends she heard nothing but false promises prior to her purchase, including how she would receive a "$7,500 Clean Vehicle Rebate Project incentive, which she has never received."
According to the NEXO class action, Hyundai fails to warn California consumers about numerous issues, including:
- The tank never fully fills up (due to residual fuel and ambient temperature burn-offs)
- Hydrogen stations are non-operational more often than operational
- No new stations will be built
- Hydrogen prices will triple
- Only specially certified technicians at three dealerships in the entire state of California can service the NEXO
- The NEXO SUV is not good for the environment
- The car has electrical issues
- The car has no resale value
- The car is not eligible for the tax credits Hyundai promises
- The car cannot be driven long distances.
The plaintiff says she scheduled service at her Hyundai dealership just to be sent away because there were no certified technicians to work on the hydrogen fuel cell NEXO.
The plaintiff complains she went to a hydrogen fueling station at about 1 a.m. when the fuel pump nozzle became stuck on the NEXO in October 2024. She asserts the nozzle continued dispensing hydrogen fuel beyond the tank’s capacity, leaving her "stranded and distressed."
"Unlike gasoline, hydrogen fuel has no odor, leaving Plaintiff uncertain about the safety of her vehicle. She was forced to contact TruZero to have the nozzle removed from the Vehicle and determine if her car was safe to use." — Hyundai NEXO class action lawsuit
Hyundai and FirstElement have allegedly "perpetuated a system that consistently fails consumers while continuing to market and sell vehicles they know cannot be practically operated."
And Governor Newsom allegedly "continues to allocate substantial taxpayer funds to support this failing infrastructure despite clear evidence of its commercial non-viability and environmental harm."
The plaintiff also complains the California Energy Commission under Newsom’s administration has reportedly provided $1,451,000 for every True Zero / FirstElement hydrogen fuel station. But the plaintiff argues each station consistently closes within 18 months of opening.
The Hyundai NEXO class action further alleges a study showed during the first six months of 2021, California hydrogen fuel stations spent over 11,700 hours undergoing maintenance compared to fewer than 9,600 hours pumping hydrogen.
And the lawsuit claims hydrogen fuel stations ran at only 60% capacity due to equipment failures and supply problems.
The Hyundai NEXO class action lawsuit was filed in the U.S. District Court for the Central Division of California (Western Division): Stacy Ross v. Hyundai Motor America, et al.
The plaintiff is represented by Ingber Law Group.