Martinez v. Nissan Class Action Opt Out Deadline (and other details)

Martinez v. Nissan North America, Inc. is the latest in a series of class action lawsuits that Nissan has weathered regarding the CVT transmission in certain model years.

If you own one of the following types of Nissan vehicles with a CVT transmission, then your legal rights are implicated here:

  1. 2017-2018 Nissan Altima

  2. 2018-2019 Nissan Sentra,

  3. 2018-2019 Nissan Versa or Versa Note

In the class action complaint, Nissan owners allege that their vehicles exhibit “sudden, unexpected shaking and violent jerking (commonly referred to as “juddering” or “shuddering”) when drivers attempt to accelerate their vehicles; it causes the vehicle to lag or delay when the driver tries to accelerate, causing an unsafe, unpredictable acceleration; it exhibits a hard deceleration or “clunk” when drivers either slow down or accelerate at low speeds; it causes complete transmission failure in the middle of roadways, and it suffers catastrophic failure, necessitating replacement.” A copy of the class action complaint can be found here.

All that sounds pretty serious and, actually, very common for any Nissan vehicle equipped with a CVT transmission. Most often, the transmission in these vehicles has to be replaced in or around 40,000 miles, which is just prior to the powertrain warranty lapsing at 60,000 miles.

If you’ve been reading Valero Law, then you’d know this isn’t the first Nissan CVT class action settlement Other class action settlements have included

  • Weckworth v. Nissan (2013 - 2017 Nissan Sentra, Nissan Versa and Nissan Versa Note)

  • Gann v. Nissan (2013-2016 Nissan Altimas)

  • Stringer v. Nissan (2014-2018 Nissan Rogue, Nissan Pathfinders and Infiniti QX60)

  • Bautista v. Nissan ( 2013-2014 Nissan Pathfinders)

So it seems like Nissan just can’t fix these problems and keeps settling these class action lawsuits to try to get rid of them on a large-scale basis.

An important note here is that if you don’t opt out of the class action by February 13, 2023, then you’re stuck in it forever.

If you're in California and you’ve taken your CVT equipped 2017 - 2019 Nissan Altima, 2017 - 2019 Nissan Versa, or 2017 - 2019 Nissan Sentra, vehicle to a dealership for any issue, ranging from transmission stalling, transmission failure, overheating, or any other warranty concern, we can help you…. AT NO COST TO YOU! Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you! Feel free to call at 424-299-4447 for a free case evaluation!