The Hyundai oil consumption class action lawsuit, Cho v. Hyundai Motor Company, was dismissed in June 2023 before a class was ever certified, and no settlement was reached. Key claims were thrown out with prejudice, meaning they cannot be refiled. Owners whose Hyundai or Kia vehicles burn oil at abnormal rates are not entirely without options, though: a separate engine seizure settlement, a 2021 NHTSA recall, and Hyundai’s standard powertrain warranty may cover specific engines and model years.
What the Lawsuit Alleged
Eight plaintiffs filed suit in the U.S. District Court for the Central District of California in March 2022, accusing Hyundai and Kia of selling vehicles with engines that consumed oil far faster than the manufacturer’s own specifications allowed. The complaint targeted five engine families — Nu, Gamma, Theta, Lambda, and Kappa — and covered dozens of Hyundai and Kia models produced over more than a decade.1CourtListener. Davy Cho v. Hyundai Motor Company, Ltd.
According to the complaint, the reduced lubrication damaged gaskets, seals, and internal engine parts. Oil migrating into the combustion and exhaust systems caused carbon deposits and sludge, and in some cases stalling or engine failure. Owners said they were paying for constant oil top-offs and, eventually, for repairs or full engine replacements they believed Hyundai should have covered.2Top Class Actions. Hyundai Class Action Alleges Excessive Oil Consumption
The suit also accused Hyundai of denying warranty claims from owners who could not produce complete maintenance records and of forcing owners through burdensome dealership “oil consumption tests” before agreeing to any repair.3Lemon Law Help. Hyundai Engine Oil Consumption Lawsuit
Vehicles Named in the Complaint
The complaint covered a wide range of model years:
- Hyundai: 2012–2020 Elantra, 2009–2018 Genesis Coupe, 2019–2021 Kona, 2020–2021 Palisade, 2010–2012 and 2015–2021 Santa Fe, 2009–2010 and 2015–2021 Sonata, 2011–2021 Sonata Hybrid, 2010–2013 and 2015–2021 Tucson, 2011–2021 Veloster, and 2020–2021 Venue.
- Kia: 2010–2021 Forte, 2017–2020 Niro, 2011–2020 Optima and Optima Hybrid, 2012–2021 Rio, 2011–2020 Sorento, 2012–2021 Soul, 2011–2020 Sportage, 2018–2021 Stinger, and 2022 K5.
How the Case Was Dismissed
The court granted Hyundai’s motion to dismiss before any class could be certified. Along the way, several plaintiffs voluntarily dropped specific claims: lead plaintiff Davy Cho dismissed his California-law claims, and others gave up various state warranty and consumer protection claims. One plaintiff, Anthony Banderas, reached an individual settlement with Hyundai in September 2022. The nationwide fraudulent concealment class claims and certain state sub-class claims were dismissed with prejudice.4CaseMine. Cho et al. v. Hyundai Motor Co.
The case was terminated on June 22, 2023.1CourtListener. Davy Cho v. Hyundai Motor Company, Ltd.
A parallel Canadian class action pursuing similar oil consumption claims was also abandoned. McKenzie Lake Lawyers LLP announced on March 27, 2025 that it would not pursue the litigation further, without a public explanation.5McKenzie Lake Lawyers. Hyundai Kia Vehicle Defect Class Actions
The practical result: there is no oil-consumption class settlement fund, no claim form to file for oil consumption specifically, and no court-ordered warranty extension tied to Cho. Owners looking for relief have to work through other channels.
Coverage That Still Exists
What coverage you may have depends entirely on which engine and model year your vehicle has.
2019–2021 Elantra, Kona, and Veloster (Nu 2.0L MPI)
These vehicles are covered by NHTSA Recall 21V-301, issued in 2021. The root cause was piston oil rings produced with inconsistent heat treatment, resulting in excessive hardness that caused the rings to chip and scuff the cylinder bore. That damage led to accelerated oil consumption and, in some cases, engine seizure or oil leaking onto hot surfaces with fire risk. The remedy involves engine inspection and replacement if necessary, along with a software update containing a Piston Noise Sensing System.6NHTSA. NHTSA Recall 21V-301
2011–2016 Elantra and Related Nu 1.8L Vehicles
2011–2016 Elantra, 2013 Elantra Coupe, and 2013 Elantra GT vehicles with the Nu 1.8L engine are covered by a Hyundai powertrain extended warranty for the short block assembly when damage is accompanied by a “piston slap noise.” Original purchasers get 10 years or 120,000 miles; subsequent owners get 8 years or 80,000 miles.7Hyundai AutoService. Hyundai Powertrain Extended Warranty – Nu 1.8L
Standard Powertrain Warranty
For vehicles that fall outside any recall or settlement, Hyundai has told NBC Los Angeles that excessive oil consumption is covered under its 10-year, 100,000-mile powertrain warranty for original owners, with a shorter coverage window for subsequent owners. There is no official recall addressing oil consumption broadly across all engine families.8NBC Los Angeles. Some Hyundai Car Owners Say Their Cars Are Gobbling Up Oil
Beyond warranty coverage, Hyundai may approve engine replacements on a case-by-case basis as a “goodwill decision,” but owners have reported inconsistent results. Consumer complaints about denied replacement claims, engine seizures, and catalytic converter fouling from oil burning continue to surface.2Top Class Actions. Hyundai Class Action Alleges Excessive Oil Consumption
The Dealership Oil Consumption Test
If you pursue a warranty claim for oil consumption, expect a formal dealership inspection process. Hyundai Technical Service Bulletin 23-EM-008H, issued in December 2023, sets out a 1,000-mile monitored oil consumption test as the standard procedure.9NHTSA. TSB 23-EM-008H Engine Oil Consumption Inspection and Repair Guidelines
A technician changes the oil and filter, fills the engine to the full mark, and applies anti-tamper seals to the drain plug and oil filter. You then drive at least 1,000 miles and return. The technician measures how much oil is needed to bring the level back to full. An engine that consumes more than one quart per 1,000 miles fails. A failed vehicle is sent for a combustion chamber cleaning procedure (TSB 23-EM-007H), which soaks the pistons to dissolve carbon deposits blocking the oil control rings. If the vehicle fails a retest after cleaning, the dealership can request authorization for an engine replacement.9NHTSA. TSB 23-EM-008H Engine Oil Consumption Inspection and Repair Guidelines
The process can take weeks or months because you have to accumulate the mileage and return for each stage. The TSB also requires an “Exception Rule Check” before any inspection: if there is evidence of oil maintenance neglect, the dealership may decline to proceed. Plaintiffs in Cho pointed to this step as one way Hyundai avoided paying for repairs. Keep every oil change receipt and maintenance record you can find before starting the process.
The Separate Engine Seizure Settlement
A different, broader case addressing engine seizure and fire risk did settle. In re: Hyundai and Kia Engine Litigation II received final approval on April 9, 2024, with final judgment entered on April 29, 2024. The settlement covers roughly 1.05 million Hyundai vehicles and 1.16 million Kia vehicles with 2.4-liter Theta II MPI, 2.0-liter Nu GDI, and 1.6-liter Gamma GDI engines. It targets damage caused by connecting rod bearing failure, not oil consumption as such — but there is significant model overlap with the vehicles named in Cho, so it is worth checking.10Kia Engine Class Settlement. In Re: Hyundai and Kia Engine Litigation II Settlement
Covered Hyundai models include the 2011–2019 Sonata Hybrid, 2016–2019 Sonata Plug-In Hybrid, 2010–2012 Santa Fe, 2010–2021 Tucson, 2014 Elantra Coupe, 2014–2016 Elantra, 2014–2020 Elantra GT, and 2012–2017 Veloster. Covered Kia models include the 2011–2020 Optima Hybrid, 2017–2020 Optima Plug-in Hybrid, 2011–2013 Sorento, 2011–2013 Sportage, 2010–2018 Forte, 2010–2016 Forte Koup, and 2012–2019 Soul.11Hyundai News. Hyundai and Kia Engine Litigation II Settlement
The core benefit is a 15-year or 150,000-mile powertrain warranty extension for damage to the engine short block or long block assembly caused by connecting rod bearing failure. The extension applies automatically to eligible vehicles that received the free Knock Sensor Detection System (KSDS) software update; no claim form is required for the warranty itself. Most cash claim deadlines have passed (the general deadline was July 8, 2024, and the KSDS installation deadline for certain benefits was November 4, 2023), but for qualifying repairs, failures, or fires occurring after June 7, 2023, claims must still be submitted within 90 days of the incident.10Kia Engine Class Settlement. In Re: Hyundai and Kia Engine Litigation II Settlement
An earlier settlement, Flaherty v. Hyundai Motor Company, approved in June 2021, covered 2011–2019 Sonata, 2013–2019 Santa Fe Sport, and 2014–2015 and 2018–2019 Tucson models with Theta II GDI engines. Its cash claims deadline passed on August 9, 2021, but the lifetime powertrain warranty for the short block assembly remains in effect for vehicles that received the knock sensor software update.12HMA Theta Settlement. Hyundai Theta Engine Settlement
If your vehicle is on one of these settlement lists and has the KSDS or knock sensor update installed, the extended warranty is your most concrete form of protection, even though it targets bearing failure rather than oil consumption directly. If your vehicle is not on any settlement list and does not fall under Recall 21V-301, your remaining options are the standard powertrain warranty, a documented oil consumption test at a Hyundai or Kia dealer, and potentially a goodwill request.