NHTSA Complaint #10193086 — 2004 HYUNDAI ELANTRA

PASSENGER SIDE AIRBAG OCCUPANT CLASSIFICATION SYSTEM DISABLES AIRBAG FOR ADULT PASSENGERS. ISSUE OCCURS REGULARLY OR INTERMITTENTLY WITH AT LEAST THREE ADULTS WEIGHING MORE THAN 130 LBS, TWO FEMALES AGED 23 AND 28 AND ONE 25-YEAR OLD MALE. 6/7/06 PROBLEM REPORTED TO FUCILLO HYUNDAI, SCHENECTADY, NY. REPROGRAMMED OCS IN ACCORDANCE WITH HYUNDAI CAMPAIN 073 AND INFORMED ISSUE RESOLVED. ISSUE SUBSEQUENTLY OBSERVED (CA. DEC 2006) 1/23/07 COMPLAINED TO CONNOLLY HYUNDAU, NATICK, MA 4/18/07 SEAT REMOVED AND SENT TO HYUNDAI FOR REPROGRAMMING. ISSUE NOT RESOLVED 5/29/07 HYUNDAI DISTRICT SERVICE MANGER (KEVIN CLEARY) VERIFIES PROBLEM WITH 130 LB. FEMALE PASSENGER AT MIRAK HYUNDAI, ARLINGTON, MA HYUNDAI HAS OFFERED A SETTLEMENT IN ACCORDANCE WITH CLASS ACTION. SETTLEMENT STIPULATES MILEAGE OFFSET FOR BUYBACK OR REPLACMENT WILL BE BASED ON CA LEMON LAW, WHICH SPECIFIES THE MILEAGE USED FOR THE OFFSET IS THAT OF THE FIRST COMPLAINT. HYUNDAI OFFERS OFFSET BASED ON 27,500 MILES (DATE SEAT REMOVED), NOT MILEAGE AT FIRST COMPLAINT (20,573).