KMA obtains complete dismissal of putative class/representative action relating to consumer data collection practices

Client(s) Kia Motors America, Inc.

Jones Day obtained a complete dismissal on behalf of Kia Motors America, Inc. ("KMA") in a putative class/representative action seeking public injunctive relief under California's Unfair Competition Law and California's Data Access and Fraud Act on behalf of other similarly situated KMA vehicle owners. The action also sought to enjoin KMA from collecting vehicle and other telematics data from consumers without compensating them for their personal information. The relief sought would have required KMA to completely alter its data collection and telematics system processes on all of its vehicles sold in the United States. The same repeat class action plaintiffs' firm has filed similar actions against other automotive original equipment manufacturers.

After Jones Day threatened significant motion practice—and after multiple rounds of meet-and-confer communications between the parties—the plaintiff and her firm completely capitulated and agreed to dismiss her class/representative claims in their entirety.

Elizabeth Berberyan v. Kia Motors America, Inc., No. 19STCV14408 (Cal. Super.)