Attorneys general from across U.S. join Josh Kaul in pushing Kia, Hyundai for relief from car thefts

A group of 23 attorneys general led by Wisconsin’s Josh Kaul has penned letter to Kia and Hyundai car manufacturers urging them to more quickly fix the nationwide car theft epidemic plaguing its customers.

Although the move stops short of a lawsuit, the letter is the latest in a mounting series of legal actions and scrutiny circling the two car companies after thieves began exploiting a design flaw three years ago that made certain Kia and Hyundai models vulnerable to theft.

The city of Milwaukee may soon join in those legal actions. Common Council President José Pérez suggested Monday the council could authorize the city attorney to pursue legal action as early as Tuesday.

“It’s our hope that with (attorneys general) from around the country raising their voices, a bipartisan group, that this is going to spur further action,” Kaul said at a press conference at Milwaukee’s Police Administration Building.

What is the letter calling for?

In February, the two car companies announced they will provide a free software upgrade for the millions of vehicles they manufactured without an “engine immobilizer” – an anti-theft mechanism.

Kaul said that was a “significant positive development,” but the letter he and 22 other attorneys general signed onto called it “long overdue and still not enough.”

The letter identified three shortcomings of the two car companies: the upgrades will not be available for most of the affected car models until June; the companies have said the upgrade will not be available for some of the affected models but have not identified which those are; and the companies have not committed to providing direct notice to car owners about the upgrade.

The letter also points out that the two companies have arranged for physical anti-theft steering wheel locks to be distributed by local law enforcement agencies. But the letter argues “more needs to be done so that every current owner can obtain one of these devices at no cost as soon as possible – especially those owners whose cars are not compatible with the software upgrade you recently announced.”

What’s the importance of an engine immobilizer and which Kia and Hyundai models are being stolen?

Engine immobilizers are an electronic device that ensure the correct key is starting up a vehicle. Without one, certain models of Kia and Hyundai vehicles are vulnerable to being hotwired with just a USB cord and a screwdriver.

The process is so easy it has been documented in how-to videos on social media, and there are widespread reports of children younger than 13 using the technique.

Kia models from 2011 to 2021 and Hyundai models from 2015 to 2022 are the ones being targeted by thieves. In 2021, both car companies said that future models will include engine immobilizers.

The two companies have defended the lack engine immobilizers by arguing they are not required by the Federal Motor Vehicle Safety Standards and therefore there is no defect with the vehicles’ security design.

However, engine immobilizers are standard in most other cars – including Kia and Hyundai models sold in other countries.

In 2000, the device was standard in 62% of other manufacturer’s car models, according to the 23 attorneys general. By 2015, it was standard in 96%.

The letter also said the models of Kia and Hyundai that are vulnerable in the U.S. come equipped with the device in Canada and Europe.

“It’s a slap in the face,” Milwaukee Mayor Cavalier Johnson said. “Those companies did not take the initiative to make these cars safe in the United States like they did when they sell those vehicles abroad.”

How bad is car theft for Kia and Hyundai vehicles in Milwaukee and elsewhere?

Officials and commentators locally and nationally have pointed to Milwaukee as one of, if not the first, place where thieves began exploiting Kia and Hyundai cars. Police first reported a rise of thefts in late 2020.

In 2021, almost 7,000 Kia and Hyundai vehicles were stolen in Milwaukee, a nearly 800% increase compared to the year before, according to the letter. Since then, police and other officials have said Kias and Hyundais make up about half or more of stolen cars in the city.

Statewide, the top seven car models stolen in Wisconsin in 2021 were all 2015 to 2020 Kias and Hyundais, according to the National Insurance Crime Bureau. The situation propelled the Milwaukee-Waukesha area to number eight on the agency’s list of top 10 areas for car theft in the country.

Police have said the cars are often used for joyriding and reckless driving, leading to crashes that kill and injure innocent bystanders and destroy property. But they have also been used in the commission of other crimes, including shootings and homicides.

“Many of our shooters are shooting from stolen vehicles and many victims are being shot in stolen vehicles,” Milwaukee Assistant Chief Paul Formolo said Monday.

Car theft reports have since dropped in Milwaukee – 23% in 2022 and 33% so far this year – but the how-to videos floating around social media have been credited with spreading the phenomenon nationwide.

The increase in Kia and Hyundai thefts ranged between 400% and almost 1,100% in recent years in areas like Minneapolis, Philadelphia and St. Louis County, Mo., according to the letter. Chicago, Washington and Buffalo are also cited as experiencing sharp rises.

How can you get the free software upgrade?

The National Highway Traffic Safety Administration recommends that owners of the affected vehicles contact Hyundai at 800-633-5151 and Kia at 800-333-4542 for more information on how to receive the upgrade. Both numbers are toll-free.

Hyundai owners can also visit HyundaiAntiTheft.com.

Will Milwaukee file a lawsuit?

Officials in Milwaukee, namely Alds. Khalif Rainey and Milele Coggs, have been pushing for the city to take legal action since at least 2021. On Monday, Pérez indicated that may happen soon.

He said he expected the Common Council on Tuesday to authorize City Attorney Tearman Spencer to “engage and begin the process of ensuring a remedy is found.”

Pérez said that once authorized, he expected Spencer to take action “very, very soon.” He accused the two car companies of committing “corporate negligence” and said the goal is to receive compensation for the vast resources the city spent related to the car thefts.

Johnson said the issue has been a burden on police, fire and public works departments, apart from the carnage caused by the reckless driving associated with the stolen vehicles.

In early March, the Common Council in Madison authorized a lawsuit against the car companies. Two class action lawsuits against the manufacturers, filed in 2021 and 2023, have also originated in Milwaukee.

Other cities, such as Cleveland, San Diego, Columbus and Seattle have also filed suit against the companies, according to media reports.

Contact Elliot Hughes at [email protected] or 414-704-8958. Follow him on Twitter @elliothughes12.

This article originally appeared on Milwaukee Journal Sentinel: Josh Kaul, other attorneys general, put pressure on Kia, Hyundai