Get Help With Legal Options vs. Hyundai Capital

If your relationship with Hyundai Capital is causing you stress or financial harm, it’s important to know your legal rights. 

You might want to know how to sue Hyundai Capital, whether you can join a Hyundai Capital lawsuit, how to get compensation from Hyundai Capital, or how to hire a lawyer against Hyundai Capital.

Below are some of the most commonly asked questions about Hyundai Capital, and some answers.

Editor’s Note: FairShake is not an attorney, law firm, or financial advisor. Our content team conducts research to the best of our ability to ensure this content is accurate, but it does not replace professional financial or legal advice.

What kind of company is Hyundai Capital?

Hyundai Capital is a company providing auto financing services including leases, new car installment loans, used car loans and rental services. As the name suggests, Hyundai Capital mainly provides financing via Hyundai and Kia dealerships.

Hyundai Capital is one of the largest auto finance subsidiaries in the United States. Their full name is Hyundai Capital America and they are owned by the Hyundai Motor Group.

ls Hyundai Capital legit?

Yes, Hyundai Capital is a legitimate company offering auto financing options. However, even legitimate companies can make mistakes and harm their customers. If you have been financially harmed in dealing with Hyundai Capital, you might consider speaking with an attorney about your options, which may include suing Hyundai Capital.

Who is the CEO of Hyundai Capital?

According to their website, as of 2023 the current president and CEO of Hyundai Capital is Ross Williams. Their website states that he worked with the company starting in 2010 and was named president and CEO in 2015.

Where is Hyundai Capital headquarters?

The current headquarters for Hyundai Capital are situated in Irvine, California at:

3161 Michelson Dr.
Suite 1900
Irvine, CA 92612

How do I contact Hyundai Capital?

There are many ways you can contact Hyundai Capital America, depending on your issue. 

The customer service department is available live from 8:00 a.m. through 9:00 p.m. EST, Monday through Friday at 1-800-523-4030. 

If you need to make a payment you can phone the customer service number and use the automated system. The lease end servicing team is available 8:00 a.m. through 9:00 p.m. EST, Monday through Friday at 1-855-463-5378.

The collections department can be reached Monday through Friday from 8:00 a.m. until 10:00 p.m. EST as well as 8:00 a.m. through 4:30 p.m. Saturdays and 8:00 a.m. through 5:00 p.m. Sundays at 1-800 523-7020.

You can also send financing payments or lease payments in the mail. the address for finance payments is:

Hyundai Motor Finance
P.O. Box 650805
Dallas, TX 75265-0805

The address for lease payments is:

Hyundai Motor Finance
P.O. Box 660891
Dallas, TX 75266-0891

Other written correspondence can be sent to:

Hyundai Motor Finance
PO Box 20829
Fountain Valley, CA 92728

Is there a lawsuit against Hyundai Capital?

There have been several recent government actions and lawsuits against Hyundai Capital America.

In 2022, the Consumer Financial Protection Bureau found that Hyundai Capital was sending negative, inaccurate information to credit reporting agencies hurting consumer credit reports. As a result they were fined $19 million dollars. According to the CFPB this happened because Hyundai Capital was using outdated manuals, systems, processes, and procedures.

If you are having issues with incorrectly reported credit information you can speak with an attorney about ways to get a resolution with the Fair Credit Reporting Act.

Or read more about car loan lawsuits and your legal rights to take action.

What laws apply to Hyundai Capital?

When taking out a car loan from Hyundai Capital, you’re protected by a variety of federal and state laws.

Some of the laws that apply to Hyundai Capital car loans include:

Laws requiring Hyundai Capital to disclose important information about your loan:

• The Truth in Lending Act – The Truth in Lending Act (TILA) guarantees your right to get relevant details before taking out a car loan. It requires that creditors like Hyundai Capital provide a written disclosure of important terms including the annual percentage rate (APR), finance charge, monthly payment amount, payment due dates, amount financed, length of the credit agreement, and any charges for late payment. If Hyundai Capital fails to provide this information prior to obtaining your signature, they’ve violated the Truth in Lending Act and you may have a legal complaint. 
• Consumer Leasing Act – The Consumer Leasing Act is another federal law that guarantees you receive additional important information when leasing a car. This law requires whoever is offering a lease (in this case Hyundai Capital), to disclose certain information including:
  •  the amount due at lease signing or delivery; 
  • the number and amount of monthly payments; 
  • all other fees charged under the agreement, such as license fees, taxes, payments due at the end of the lease, and any charges for excess mileage.
  • penalties charged for late payment or default; 
  • conditions under which the lease can be ended early (and penalties for doing so); 
  • whether you have a right to buy the vehicle at the end of the lease and the price to do so.
• Credit Practices Rule  – If you’re a cosigner on a Hyundai Capital loan, the Credit Practices Rule provides important protections. This is a regulation from the Federal Reserve that, among other things, protects the rights of cosigners on loans. Creditors like Hyundai Capital must provide a written notice to potential cosigners about their liability if the other person fails to pay. The Act also prohibits late charges in some situations and prohibits creditors from using certain contract provisions that the government has found to be unfair to consumers.
• Consumer Credit Protection Act – If Hyundai Capital denied you credit, they may owe you information under this law. The Consumer Credit Protection Act requires certain creditors to provide consumers with information if the creditor denies them financing.
• Hyundai Capital is bound by Risk-Based Pricing rules. This rule means Hyundai Capital has to provide you a written notice if they gave you less favorable lending terms than other borrowers with similar credit histories and credit scores. Hyundai Capital has to explain why you received less favorable lending terms. 

Laws that protect you if the car you’ve financed through Hyundai Capital is faulty:

• Uniform Commercial Code (“UCC”) – The Uniform Commercial Code is a set of state laws that provide you fundamental rights in consumer transactions. Every state and DC has adopted all or most of the UCC. Article 2 of the UCC defines key laws that protect you in buying or leasing a car including lemon laws and express warranties. Article 2A of the UCC applies specifically to leases.
  • Lemon laws enable purchasers to have a defect repaired, or to receive a replacement or a refund. You can find more information on your state’s lemon laws here.
  • An express warranty is a fact or promise provided by the seller that becomes enforceable by the buyer as a “basis” of the sale. 
• Magnuson-Moss Warranty Act – If you’ve been offered a warranty on your vehicle, the Magnuson-Moss Act provides important protections. This federal law applies to any consumer goods with a retail price of $15 or more, and requires a seller making an express warranty to fully disclose the warranty’s terms and conditions. Sales agreements may not limit consumers’ rights under any implied warranties; may not impose any duties on consumers to take advantage of warranties other than notifying the seller of defects; and the seller must attempt repair, replacement, or refund if possible

Laws that protect you against lending discrimination by Hyundai Capital:

• Equal Credit Opportunity Act (“ECOA”) – The ECOA is a federal act that prohibits denying credit, or charging more for credit, based on a list of protected factors including race, color, religion, national origin, sex, marital status, age, and receipt of public assistance. If you feel you’ve been discriminated against in applying for a Hyundai Capital loan, this law may apply.

Laws that protect you against Hyundai Capital debt collectors:

• Fair Debt Collection Practices Act (“FDCPA”) The FDCPA protects you from aggressive debt collection tactics by regulating the ways in which companies like Hyundai Capital are allowed to collect on a debt. 

If you believe that Hyundai Capital has punished you or denied you financing because of discrimination, incorrectly reported information on your credit report, or violated any other federal laws that apply to their organization, you may wish to speak with an attorney about how to sue Hyundai Capital.

Also from FairShake:

• Introduction to Car Lending Laws
• The Truth in Lending Act — Explained
• 10 Consumer Protection Laws to Know About
• What is the Fair Debt Collection Practices Act?
• Understand the Fair Credit Reporting Act

What can I do if a salesperson lied to me about a Hyundai Capital loan?

If a salesperson lied to you about a Hyundai Capital loan, you may be able to start a lawsuit.

Some common tactics by creditors that violate the Truth in Lending Act (TILA) include failing to accurately disclose the finance charge and APR, or applying penalty fees exceeding TILA limits.

If Hyundai Capital misled you to make a sale you are entitled to take action against them. Tell us more about it below for the chance to be matched with an attorney.

If you were sold a car with defects you didn’t know about, you can also pursue your rights under the law.

If your car is under warranty, lemon laws require the vehicle manufacturer to repair it. If your vehicle cannot be repaired or a defect is too severe, you are entitled to a refund or a replacement vehicle. (The specifics of lemon laws vary by state, however. In some states lemon laws only cover new vehicles, while in other states they apply to both new and used vehicles.)

Can a Hyundai Capital car loan be discharged in bankruptcy?

How your Hyundai Capital car loan will be treated in bankruptcy depends on the type of bankruptcy you’re filing for. Unfortunately, you’re unlikely to be able to wipe out the debt while keeping the car.

Under a Chapter 7 bankruptcy or “liquidation bankruptcy,” a car loan will not be discharged because it is a secured debt.

• Secured creditors—which include car loan holders—can require you to sign a reaffirmation agreement. A reaffirmation agreement between the creditor and debtor waives the discharge of debt in a pending bankruptcy proceeding. You will be required to maintain your monthly payments – upon default, the creditor has the right to repossess your car.
• However, Chapter 7 grants you the right to redeem your car. To redeem your vehicle, you must pay a lump sum equal to its replacement value, which can be much lower than the amount that remains on your loan.

A Chapter 13 bankruptcy, or “wage earners bankruptcy” allows a debtor to keep the property while restructuring the debts to pay them over time, usually three to five years. 

• If you default on payment schedule coming out of Chapter 13 bankruptcy, the lender can still repossess your car.
• If the balance of your loan is more than your car is worth, you can pay back the balance based on the current value rather than the contracted loan balance. This is known as a “cram down” and can lower your payment if you owe more than the car is worth.

How do I file a complaint against Hyundai Capital?

There are several ways you can file a complaint against Hyundai Capital. 

1. You can try your luck with Hyundai Capital customer service. This ensures the company is aware of your issue, but if you’ve made it this far you’ve probably tried this already and still have serious issues.
2. You can also file a complaint with your state government. If you believe that Hyundai Capital has violated state laws, you can reach out to your state attorney general or the other relevant body in your state. This doesn’t guarantee a resolution, but it’s worth knowing about as it could result in punitive action against Hyundai Capital.
3. The most effective resource may be to bring a legal action to sue Hyundai Capital. You should consider working with a lawyer against Hyundai Capital if you opt for this route, as they’ll know the procedures to follow and can give you an idea of what to expect. FairShake helps match individuals to lawyers – tell us more about your issue below.

How many payments can you miss before Hyundai Capital repossesses the car?

There is no specific number of payments you can miss before Hyundai Capital repossesses your car, but the industry average is three. Once you miss three or more payments, auto loan companies can start the repossession process. However some companies only provide a 60 day grace period (meaning two missed payments).

If you have extenuating circumstances it may be in your best interest to reach out to Hyundai Capital to let them know what’s going on and try to find a temporary resolution before repossession.

Will missed payments to Hyundai Capital hurt my credit?

Yes, missed payments to Hyundai Capital will hurt your credit score. You can improve your credit score by making as many timely payments as you can, and limiting how many/how often you have a missed payment. The best thing you can do in this situation is contact Hyundai Capital to see if they can make a note in your account or provide some temporary relief if you know you will miss a payment. If you continue to miss payments, your account can be sent to collections, which gets reported to the credit bureaus and will harm your credit score even more. 

Hyundai Capital has the right to report payment information, including missed payments, to the credit bureaus. If they have incorrectly reported information, though, you can seek a resolution with the Fair Credit Reporting Act. 

Can I get a lawyer against Hyundai Capital?

Yes, you may be able to get a lawyer against Hyundai Capital. A lawyer can potentially help you get compensation and justice from Hyundai Capital, depending on your circumstances. And an attorney can help you figure out what legal options you have if Hyundai Capital has broken the law or caused you financial harm.

If you share your issue with FairShake, we may be able to match you with an attorney. Attorneys with whom FairShake partners will never charge you up front. You only pay if you get compensation.

How do I sue Hyundai Capital?

If you have an issue with Hyundai Capital, you might be able to sue Hyundai Capital. How you sue is based on your circumstances, the issue you have with Hyundai Capital, and which laws apply to that issue. It is best to speak with an attorney who can look over your loan contract and provide legal advice.

What you are allowed to do and how much you can get in compensation if you do sue Hyundai Capital varies from one court to the next and depends upon the issue you have, what laws were broken, and what court you use. An attorney can help you review which options work best for your circumstances and the compensation you want. 

Some ways customers sue companies like Hyundai Capital:

Consumer Arbitration

Consumer arbitration is a legally binding alternative to traditional lawsuits. The terms of your contract might say that you are not allowed to join an existing Hyundai Capital lawsuit or sue Hyundai Capital in other courts, in which case, consumer arbitration can help you get compensation or a resolution. With consumer arbitration you can still work with an attorney but your issue will be decided by an independent arbitrator rather than a public court.

Small Claims Court

Another option is to sue Hyundai Capital in small claims court. Small claims courts are limited in the sort of claims they can take: there are limits for each state on the amount of monetary compensation they can provide, and they may not be able to provide non-financial relief.

Federal or State Courts

If Hyundai Capital violated state or federal law, you might be able to sue them at the state or federal level.. 

Tell us more below about your Hyundai Capital complaint: