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Common Council passes resolution that could lead to lawsuit against Kia/Hyundai

Milwaukee Common Council members passed a resolution Tuesday authorizing the city attorney to retain outside counsel to file a potential lawsuit.
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MILWAUKEE — The City of Milwaukee is getting closer to taking legal action against Kia and Hyundai in response to the city's rapid car thefts.

On Tuesday, the Common Council approved a substitute resolution that will allow the City Attorney to retain outside counsel to pursue remedies for damages suffered by the city as a result of the car thefts.

Ald. Milele A. Coggs and Ald. Khalif J. Rainey said in a joint statement Tuesday, "Certain models of Kia and Hyundai have been prime targets for car thieves after the automakers chose not to include anti-theft immobilizers as standard equipment on several vehicle models sold in the U.S. As a result, some thieves publicized how easy it was to steal some of the models – even posting ‘how to’ videos on social media."

City Attorney Tearman Spencer will hold a press conference at the Milwaukee Federal Court House on Wednesday at 10 a.m. to discuss the Kia/Hyundai lawsuit. In a statement Tuesday, Spencer said he "is pleased the Common Council approved a recommendation to sue Kia and Hyundai over the rash of vehicle thefts that have plagued the city of Milwaukee."

Lawmakers say the damage to public and private property from stolen vehicle crashes is immense, including the injuries, deaths, and overall threat to public safety. Lawmakers also note how pursuing stolen cars and investigating car thefts drains police resources.

On Monday, Wisconsin Attorney General Josh Kaul announced he is leading a coalition of 23 attorneys general across the country to get Kia and Hyundai to do more to stop the thefts. Standing alongside Milwaukee leaders, Kaul said he believes both companies failed to accept responsibility.

Kaul told TMJ4's Ben Jordan on Monday, "I’m not going to comment on any potential legal action that may happen. When you have A.G.’s come together across states, that often can send a very strong signal when there's an outreach to companies like Kia and Hyundai."

Ahead of the Council's approved resolution, Milwaukee Common Council President Jose Perez told Jordan on Monday that Milwaukee planned to take a "critical step on Tuesday in order to sue."

Milwaukee had the eighth-highest motor vehicle theft rate of any U.S. city in 2021, according to the National Insurance Crime Bureau. Milwaukee also experienced the highest increase in vehicle thefts from 2020 to 2021 in the nation. Milwaukee police data also shows that more than half of all cars stolen in the past three years were Kias and Hyundais.


Leaders demand action from Kia/Hyundai to address thefts

AG Kaul, Milwaukee leaders demand action from Kia/Hyundai to adress thefts

By Ben Jordan | March 20, 2023

MILWAUKEE — City and state leaders are demanding action from automakers Kia and Hyundai in response to Milwaukee’s car theft crisis.

"We are calling on Kia and Hyundai to take the responsible steps,” said Wisconsin Attorney General Josh Kaul.

A.G. Kaul stood alongside Milwaukee leaders on Monday to say he’s fed up with Kia and Hyundai thefts and he believes both companies have failed to accept responsibility for the problem.

That’s why A.G. Kaul said he’s leading a coalition of attorneys general representing 23 states who are sending a joint letter to Kia and Hyundai to request the automakers take swift action to remedy a lack of anti-theft devices in many of their cars.

“Why send a letter and not file a lawsuit?” TMJ4 reporter Ben Jordan asked.

“I’m not going to comment on any potential legal action that may happen,” A.G. Kaul replied. “When you have A.G.’s come together across states, that often can send a very strong signal when there's an outreach to companies like Kia and Hyundai."

While A.G. Kaul says he isn’t ready to file a lawsuit against the two companies on the state’s behalf, Common Council President Jose Perez says Milwaukee plans to take a critical step on Tuesday in order to sue. Perez says he expects Common Council members to pass a resolution authorizing Milwaukee’s city attorney to file a lawsuit.

“What are you looking to recoup in these lawsuits? Is it the amount of hours spend by the police department? Is it for the victims themselves?” Jordan asked.

"All of the above,” Perez replied. “Anything that will make our constituents as whole as possible and recoup any services and resources spent on stolen cars related to Kia and Hyundai for the fact that they've been that easy to steal."

Milwaukee police data shows more than half of all vehicles stolen in the past three years were Kias and Hyundais.

Kia owner Tammy Bartley of Milwaukee says she’s tired of worrying her car will be stolen every time she leaves her garage.

"Imagine how you would feel if you go to work, school, etcetera and hope that you still have a car when you come outside,” she said. “This is not a way for anyone to live."

Kia and Hyundai responded to TMJ4’s request for comment.

Kia’s statement reads in part:

“To be clear, Kia began testing and developing a free software upgrade to restrict the unauthorized operation of vehicle ignition systems months ago,” said a Kia America spokesperson. “In addition to this upgrade, we have already provided more than 23,000 steering wheel locks to over 120 law enforcement agencies across the country for them to distribute - at no cost - to impacted owners.”

Hyundai’s statement reads in part:

“We recently announced the launch of a free software upgrade to prevent the theft mode popularized on social media,” said a Hyundai USA spokesperson. “We have also initiated a program to begin reimbursement to eligible customers for their purchase of steering wheel locks.”

Bartley thinks those efforts are too little and too late.

"It's much more than a software upgrade, what about the people that still don't have cars?” she said.

She’s hopeful the two different paths the city and state are taking help put this issue to an end.


23 Attorney Generals, including Wisconsin, issue letter to Kia, Hyundai

By Jackson Danbeck | March 20, 2023

Wisconsin Attorney General Josh Kaul says he will be leading a coalition of 23 attorneys general across the country to urge the leaders of Kia and Hyundai to do more to stop rampant thefts of some vulnerable models.

According to the letter signed by the AGs and addressed to legal officers of the two companies, "We write regarding the ongoing crisis of thefts of Hyundai and Kia model automobiles not equipped with anti-theft immobilizers. The recent announcement1 of a customer service campaign – not a recall – which combines warning stickers, longer alarms and a software upgrade, is positive news but less than is called for under the circumstances. Our concerns with the adequacy of the newly-announced measures are informed by your companies’ slow response and lack of acceptance of responsibility for the crisis over the past few years."

Kaul's office notes that the makers of Kia and Hyundai decided to not include anti-theft immobilizers as standard equipment on several models sold in the U.S. Officials say the companies made this decision at a time when other major manufacturers were including anti-theft immobilizers on all models and as Kia and Hyundai themselves were using the immobilizers on different models of vehicles.

The AGs called a recent effort from Kia and Hyundai a "customer service campaign" and said it is long overdue and not enough. The AGs instead urge the companies to do everything in their power to improve the situation for owners of these vulnerable vehicles, including accelerating the implementation of a software update (to improve security) and providing free alternative protective measures.

"Your companies’ decisions not to install anti-theft immobilizers as standard equipment on certain vehicles sold in the United States has caused ongoing consumer harm and undermined public safety in communities across the country. It is well past time that you acknowledge your companies’ role and take swift and comprehensive action to remedy it," according to the letter.

In signing the letter, Kaul is joined by his counterparts in Arizona, California, Colorado, Connecticut, District of Columbia, Delaware, Illinois, Massachusetts, Maryland, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont, Washington, along with the Utah Division of Consumer Protection.

Read the AGs' letter here.


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