Ken,
You make some good arguments. I'm not a lawyer, but allow me to suggest what Hyundai might argue in response.
2. No one drives all highway, or, all city. Therefore that difference should NOT be used. Everyone drives a combination of city and highway so we use the combined EPA difference. It is impractical/impossible to figure each individual's amount of city and highway miles.
3. The amount of depreciation, if any, gets smaller the longer you keep the car, and the loss isn't incurred until you sell the car. When this happens, let us know how much loss you incurred as a result of the reduced EPA rating, and how you arrived at that figure.
4. With our Fuel Compensation Program, we are compensating you for the difference in EPA ratings. So you are now getting what you bargained for.
Ken,
I'm not on Hyundai's side on this issue. I'm just looking at it from both sides.
FWIW, which is nothing, I suspect Hyundai knew they were inflating the EPA ratings, and that it wasn't a coincidence that the car's MPG computer is about 2 mpg higher than actual. Fraud would be very difficult to prove, and extremely costly to attempt to prove it.
Again, FWIW, I think some people are over reacting to this issue and need to give it more thought. As stated by others, most people don't achieve the EPA ratings in their real world driving on all, or almost all, car makes.
I suggest you accept the fuel reimbursement without protest, put this issue behind you, and go back to loving the car as you did the day you brought it home from the dealership.
I'm still planning my purchase of a 2013 Santa Fe Sport and I won't be getting any fuel compensation.
John
John,
my responses:
2) I chose 4mpg (instead of 2) because that's the "real" difference between what I was originally promised (25mpg) and what I actually receive (21mpg) in COMBINED driving. My driving is actually more like 60%-70% highway and 30-40% suburban streets, but for arguments sake I'll say 50-50. Yes Hyundai changed the 25 combined to a 23 combined, but that still doesn't make 23 the "real" number.
3) Yes you could wait until actual depreciation occurs, meaning at the time of sale, but I think there is clearly a case of actual loss in value of the vehicle. Vehicles are valued by a combination of factors, one of which is their mpg. To change the mpg on a car down 8% (using your/Hyundai's suggested 2mpg) could conceivably lower the value of the car by the same amount assuming a linear correlation. So now that $35,000 Santa Fe Sport is worth $2800 less (8%) in the marketplace. We don't need to wait until the car is resold to make a diminution in value claim.
4) That makes no sense, I can NEVER get what I bargained for because that vehicle never existed, there is no Santa Fe Sport 2.0T that returns 31mpg highway and 25mpg combined. What Hyundai can say is that I didn't get what I bargained for, so they are offering "something" (fuel reimbursement program debit card) to try and make up for the fact that I didn't get what I bargained for, but they can never give me what I bargained for because that product doesn't exist.
Let me put it this way, let's say I bought an airplane from Hyundai and I go to take off and it won't leave the ground. It turns out that Hyundai didn't give the engine enough power or the wing the proper design to give the airplane enough lift to get off the ground. Hyundai decides to offer me a debit card to make up for this fact. Plane won't fly does the debit card make up for that fact? My Santa Fe Sport 2.0T won't average 25mpg, does the debit card make up for that fact?
I mean if you take it to extremes Hyundai could build a Santa Fe Sport that gets 5mpg but has a window sticker that says 25mpg and just hand out some debit cards. Would you still want the Santa Fe that gets 5mpg even with the debit card? I don't think most folks would....
I will NOT accept the fuel reimbursement settlement as it is currently INADEQUATE to address the loss of value and lack of mpg and the fact that I didn't get the vehicle I bargained for.
To ME the only acceptable answers are either:
1) They buy back the vehicle and make me whole and I buy something else. (Which still puts added cost/expense/time of going through buying process again, setting up insurance, licensing, etc. on a new vehicle)
2) They offer a larger more meaningful compensation. To wit I would suggest something in the neighborhood of the following:
A) 8% cash back on the purchase price of your Santa Fe
B) In my case $402.50 a year on the debit card.
That's a good starting point for discussion. The current offer on the table is woefully inadequate.