Class action lawsuit by Kia and Hyundai: Vehicles do not have an immobilizer to protect against theft

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Overview of the Kia lawsuit:

• WHO: Plaintiff Mary Horne has filed a class action lawsuit against Kia America Inc. and Hyundai Motor America Inc.
• Why: Kia and Hyundai vehicles are reportedly not equipped with immobilizers and are therefore vulnerable to theft.
• Where: The lawsuit against Kia was filed in federal court in the state of Georgia.

According to a recently filed class action lawsuit, Kia and Hyundai vehicles have a serious defect: They are not equipped with an immobilizer to prevent theft.

Plaintiff Mary Horne explains in the Kia lawsuit that an engine immobilizer prevents theft of unattended vehicles. It works by transmitting a code to the vehicle when a key is inserted or the vehicle’s key fob is inside the vehicle.

Horne claims it is common knowledge that the vehicles do not have an immobilizer, which is why thefts of Kia and Hyundai vehicles have increased sharply across the country.

Lawsuit against Kia: Kia and Hyundai vehicles do not comply with federal safety regulations

Federal Motor Vehicle Safety Standard 114 requires that a vehicle’s engine cannot be started unless the key is present, the Kia lawsuit states. So if a key is removed from a vehicle, the starting system must prevent normal activation of the engine and prevent steering or the vehicle from moving forward on its own.

Horne says Kia and Hyundai vehicles do not meet this law because the engine can be started without the key and removing the key supposedly does not prevent the vehicle from steering or moving forward.

“If defendants’ vehicles had been manufactured in accordance with FMVSS 114, their vehicles would not be stolen at such alarming rates because removing the key from the starter system would prevent both steering and independent forward movement,” Kia’s lawsuit states.

According to Kia’s lawsuit, Kia and Hyundai knew that their vehicles had defects and did not comply with FMVSS 114. Despite this knowledge, the automakers did not disclose the defect to consumers.

Kia and Hyundai have not provided a solution for people with vehicles without immobilizers, says plaintiff

Horne points out that Kia and Hyundai have responded to the significant increase in car thefts by installing immobilizers in their new cars. However, the car manufacturers have also not provided a solution for the thousands of Kia and Hyundai owners whose vehicles are not equipped with immobilizers.

The class action lawsuit against Kia alleges breach of warranty, negligent failure to warn, design defects and unjust enrichment.

Horne filed the class action lawsuit against Kia on behalf of a group of U.S. and Georgia citizens who purchased or leased a Kia or Hyundai vehicle without an immobilizer.

What do you think about the allegations in the Kia lawsuit that Hyundai and Kia vehicles do not have immobilizers? Join the discussion in the comments!

Horne is represented by Cale Conley of Conley Griggs Partin LLP and Timothy J. Becker, Jacob R. Rusch and Zackary S. Kaylor of Johnson Becker PLLC.

The Class action lawsuit against Kia Is Mary Horne v. Kia America Inc. et al.Case No. 1:22-cv-04062-SEG, in the United States District Court for the Northern District of Georgia, Atlanta Division.

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