Facts

Guy Coss, Serafin Montenegro, Ken Smiley, Steven Thibert, Mitchell Goldstein, and Terry Somers filed a putative consumer protection class action against Hyundai Motor America, in connection with Hyundai's Blue Link Service, which facilitated roadside assistance and remote diagnostics in equipped vehicles.

PLAINTIFFS' CONTENTIONS:
Hyundai's threat to disable the Hyundai Blue Link Telematics Systems for owners who failed to renew or subscribe to the service was allegedly unlawful. Plaintiffs asserted causes of action for violation of the Magnuson-Moss Warranty Act, violation of the California Unfair Competition Law, violation of the California False Advertising law, violation of the California Consumer Legal Remedies Act, breach of the implied warranty of merchantability, breach of contract/common law warranty, fraud by concealment, negligent misrepresentation, violation of Song-Beverly Consumer Warranty Act for breach of express warranties, violation of Song-Beverly for breach of implied warranty of merchantability, deceit, violation of the Michigan Consumer Protection Act, violation of the Washington Consumer Protection Act, violation of the Nevada Deceptive Trade Practices Act, violation of the Kansas Consumer Protection Act, and violation of the Rhode Island Unfair Trade Practices and Consumer Protection Act.

DEFENDANT'S CONTENTIONS:
It was undisputed that none of the plaintiffs has had their Systems deactivated. Therefore, defendants asserted, plaintiffs suffered no injury. Accordingly, defendant moved for summary judgment for lack of standing.

Result

The court agreed with Hyundai's standing arguments and ultimately granted Hyundai's summary judgment motion.

Other Information

FILING DATE: Feb. 10, 2015.