The Hyundai warranty manual contains a binding arbitration clause, which you do not want. Under the "New Vehicle Warranty" section, there is a section identifying the warrantor as Hyundai Motor America, limitations on the implied warranties, information on the Alternative Dispute Resolution program, and then the Binding Arbitration provision. The arbitration clause states that all warranty claims including claims related to the refund or partial refund of your vehicle’s purchase price (excluding personal injury or product liability claims) shall be resolved by binding arbitration. The customer is not responsible for fees over $275.00. All other costs are paid by Hyundai Motor America. "This Binding Arbitration Agreement shall not deprive you of any remedies available to you under the applicable law." The agreement is governed by the FAA. The section also states, "You may revoke this Arbitration Agreement by (1) written notice , or (2) electronic notice. Written notice must be delivered by certified mail. Notice must be received within 90 days after your purchase your vehicle."
Consumers do have the right to OPT OUT within 90 days; however, most consumers don’t realize this right until their vehicle starts having problems. In most cases, Hyundai will argue that it is too late to revoke this "consent"and it is too late to apply the Lemon Law. If you do not revoke the arbitration clause within the 90 day period, you will not be able to take Hyundai to court for any warranty problem(s) or for any other reason. You have given up your constitutional right to a jury trial. You should revoke the Arbitration Agreement by sending a letter via certified mail. You should also save a copy of the letter and staple the return receipt to it once you receive it. That way you will have proof that Hyundai received the notice of refusal for Binding Arbitration.
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