Posts in Class Actions
Chevrolet Equinox and GMC Terrain Oil Consumption Class Action Settlement Nears

To California residents, as mentioned before, Berman v. General Motors, LLC (the Chevrolet Equinox GMC Terrain oil consumption class action) is very near settlement. Notice of settlement has gone out to potential class members and there are very important deadlines approaching. Most significantly, if you want to NOT be in the class action and pursue an individual lemon law claim, you MUST OPT OUT of the class action prior to the September 20, 2019 deadline. Here is a link to the Notice that went out to class members and here is the information regarding opting out:

Equinox Oil Consumption

If you're in California and you own a 2.4L engine 2010, 2011, 2012, or 2013 Chevrolet Equinox and have experienced oil consumption issues, you may be have a potential lemon law claim. If you’ve taken your Equinox or Terrain to a dealership for issues above, from engine stalling, abnormal oil consumption, high pressure fuel pump failure, balance shaft chain failure or engine failure, 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!

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Ford extends transmission warranty for certain Fiesta and Focus vehicles

Ford is extending the warranty on certain 2014-16 model year Focus and Fiesta vehicles with dual-clutch transmissions by two years and 40,000 miles and offering a software update for customers who continue to have issues with the problematic gearboxes. With the extended warranty, the Fiesta’s and Focus’ will be covered up to 7 years and 100,000 miles.. Warranty coverage for the transmission control module remains 10 years or 150,000 miles.

Ford also said it will reimburse customers who are now covered with the extended warranty who have paid for clutch repairs out of pocket. The automaker said it recently saw an uptick in out-of-pocket expenses for 2014 model year customers whose warranty had recently expired.

The update provides an enhanced warning if a transmission control module fails.

These transmissions have been problematic, to say the least, for Ford., since at least 2012. Currently, there is a class action titled Vargas v. Ford that is on appeal.

Nissan issues warranty extension for 2013 Nissan Altima

A Nissan Altima lower control arm replacement program will provide car owners in 22 salt belt states and Canada with free repairs for damage caused by cracks, rust and corrosion.

Nissan says the Altima lower control arm replacement campaign will focus on areas that use road salt in the winter, or what are known as salt belt states.

The replacement program covers the 2013 Nissan Altimas in 22 states.

Per Nissan , the Altima rear lower control arms (suspension links) can crack from normal use of the cars, but corrosion from road salt can make the cracks worse. The potential defect at the heart of this issue is the risk corrosion could cause a suspension part to detach from the frame in states that use salt on icy roads. The rear lower control arms may separate at the areas of the bushing joints. Warning signs of control arm failure include a knocking or rattling noise from the rear of the vehicle.

“Nissan acknowledges that a crack may develop in the lower control arm due to stress and loading from normal use of the vehicle, and that road salts commonly used for snow and ice treatment results in corrosion that exacerbates growth and progression of the crack,” NHTSA documents read. "Once the crack develops, continued use of the vehicle causes the control arm to separate at one of four attachment points that connect it to the vehicle chassis. “Nissan determined the current incident rate was 0.003%.

The campaign is a ‘service campaign’ (similar to a warranty extension) and Nissan owners in those 22 states should receive notice within the next few months.

Customers who want to learn more about the campaign should call Nissan in the U.S. at 800-867-7669 or in Canada at 855-835-3854.

Nissan CVT Class Action Stayed Pending Preliminary Approval

Nissan is pretty well known for its problematic Jatco CVT Transmissions and there are no fewer than four different class actions covering the:

  1. 2011-2017 Nissan Senra

  2. 2011-2017 Nissan Versa

  3. 2011-2017 Nissan Versa Note

  4. 2011-2017 Nissan Juke

Currently, all four class actions are ‘stayed’ pending approval of the proposed Class Action Settlement. A preliminary approval hearing date has not been set yet by the court yet.

Nissan CVT Warranty Extension

Nissan CVT Warranty Extension

If you're in California and you’ve taken your CVT equipped Nissan 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!

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Chevrolet Equinox Class Action Notice Mailed Out

Just a general FYI. Notice of the potential settlement regarding the Equinox Terrain Oil Consumption class action Berman v. General Motors, LLC has been mailed out. The address you should have received it from is:

2.4 Liter Oil Consumption Litigation

C/O Analytics Consulting LLC

P.O. Box 2003

Chanhassen, MN 55318-2003

And it should look similar to this:

Berman Notice.png

The Class Action administrator is the party one should direct all inquiries regarding the class action to. They can be found at 1.877.318.1027

New Nissan Sentra and Nissan Versa CVT Judder TSB

While not a warranty extension like those offered for 2003-2009 CVT Equipped Nissan Vehicles, this is helpful for those who have have either a 2013-2017 Nissan Sentra or a 2014-2017 Nissan Versa Note with a CVT Transmission. This is version H of the technical service bulletin, which presumably means that there were 7 (SEVEN!) prior versions.

The TSB is titled “2013-2017 SENTRA AND VERSA SEDAN, AND 2014-2017 VERSA NOTE; CVT JUDDER AND/OR P0746/P0965/P17F0/P0846 STORED” and it was released on February 15, 2019. It states that if you’ve been having the following issues:

The customer reports a transmission judder (shake, shudder, single or multiple bumps or vibration), hesitation on acceleration, lack of power or RPM flare.

Then the TSB should be applied to the vehicle.

valero law nissan cvt TSB transmission

If you’re in California and you’ve had warranty work done to your Nissan CVT transmission, you may be better off filing an individual lemon law claim. If you're in California and you’ve taken your CVT equipped Nissan 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!

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Nissan Altima CVT Class Action nears Settlement

A class action concerning the CVT transmission in 2013-2016 Nissan Altima’s (Elisa Cabebe vs. Nissan of North America, Inc) is nearing settlement as parties representing the plaintiff here submitted a Proposed Settlement for the federal court to review and sign off on. With that, there are more than a few hurdles potential class members have to jump through, namely:

… a Class Member must satisfy in order to be eligible to receive a reimbursement for a Qualifying Repair pursuant to the terms of this Settlement Agreement, which are:

  1. the Class Member must be a current or former owner or lessee of a Class Vehicle as of the Notice Date;

  2. the Class Member actually paid for a Qualifying Repair; and

  3. the Class Member must submit to the Settlement Administrator within the applicable Claims Period

    1. a properly completed Claim Form with a proper VIN;

    2. an affirmation under penalty of perjury that the Class Member (i) is a current or former owner or lessee of the Class Vehicle identified on the Claim Form and (ii) is not seeking reimbursement for any portion of the Qualifying Repairs previously paid for by NNA or by an extended warranty or service contract provider; and

    3. all necessary supporting documentation which is:

      1. Appropriate Contemporaneous Documentation of Qualifying Repair establishing that (i) a Qualifying Repair was made; (ii) the Class Member paid for the Qualifying Repair; (iii) the amount paid for the Qualifying Repair; (iv) the vehicle’s mileage at the time of the Qualifying Repair; and (v) the date of the Qualifying Repair. B.

      2. Additionally, for a Qualifying Repair made after expiration of the Warranty Extension but within the time frame described in Paragraph 59, Appropriate Contemporaneous Documentation of Nissan Diagnosis establishing that (i) an authorized Nissan dealer diagnosed and recommended a repair to the transmission assembly or ATCU; (ii) the vehicle’s mileage at the time of the diagnosis and recommendation was within the Warranty Extension Period; and (iii) the date on which the diagnosis and recommendation was made which was within the Warranty Extension Period.

Needless to say, there are more than a few hurdles to jump through here, not including the fact that the Judge still has to approve the settlement. The ‘benefits’ of the class action are:

If you are a Class Member, you could receive one of the following benefits if the Settlement is approved:

  1. Warranty Extension. Nissan will extend the terms of the Nissan New Vehicle Limited Warranty for the transmission assembly (including the valve body and torque converter) and Automatic Transmission Control Unit (“ATCU”) in all Class Vehicles by twenty-four (24) months or twenty-four thousand (24,000) miles, whichever occurs first (the “Warranty Extension”). The Warranty Extension will be subject to the terms and conditions of the original New Vehicle Limited Warranty applicable to the Class Vehicle.

  2. Reimbursement for Replacement of or Repair to Transmission Assembly or ATCU. Nissan will reimburse Class Members for parts and labor actually paid by the Class Member for qualifying repairs involving the replacement of or repair to the transmission assembly or ATCU of their Class Vehicle if the work was done after the expiration of the powertrain coverage under the original New Vehicle Limited Warranty but within the durational limits of the Warranty Extension. If the replacement or repair was performed by a Nissan dealer, the full amount the Class Member paid will be reimbursed. If the repair or replacement was performed by a nonNissan automotive repair facility, Nissan will reimburse up to $5,000 for that repair or replacement. In both cases, the replacement or repair must have occurred on or before the Class Vehicle has been in service for eighty-four (84) months or been driven for eighty-four thousand (84,000) miles, whichever occurs first. If you paid for more repairs on more than one occasion, you can be reimbursed for all qualifying repairs subject to the above limits. For more information, see Question 8 below.

  3. Voucher Towards Purchase or Lease of a New Vehicle. Former owners of Class Vehicles who had two (2) or more replacements or repairs to the transmission assembly or ATCU during their ownership experience (as reflected by NNA warranty records) are eligible for a Voucher in the amount of $1,000 for either a purchase or lease of a single new Nissan or Infiniti vehicle. Prior software updates and/or reprogramming do not count as a prior repair. The election to apply the Voucher toward the purchase or lease of a single new Nissan or Infiniti vehicle must be exercised within nine (9) months of the Effective Date of this Settlement. The Voucher is not transferable. Class Members eligible for a Voucher but also eligible for reimbursement of a qualifying repair must elect either to receive the Voucher or to receive reimbursement; you cannot receive both.

There is NOT an option to have the vehicle repurchased from you, nor an option to receive a replacement vehicle. Furthermore, further claims must be submitted through the BBB.

All in all, if you’re in California and you’ve had warranty work done to your Nissan CVT transmission, you may be better off filing an individual lemon law claim. If you're in California and you’ve taken your CVT equipped Nissan 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!

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2016-2018 Chevrolet Malibu Throttle class action

A putative class class action was filed on May 24, 2019 in Federal Court in Maryland concerning 2016-2018 Chevrolet Malibu’s and their throttle position / accelerator system. At bottom, the class action alleges:

“This action arises from the sale or lease of thousands of 2016 – 2018 Chevy Malibu vehicles throughout Maryland and the United States manufactured by Defendant GM that are equipped with a defective electronic throttle control and/or accelerator pedal position sensor that cause the vehicles to abruptly lose power, often at interstate highway speeds”

The class action complaint also says the ‘Engine Power is Reduced” notification on the dashboard will illuminate, along with loss of power.

Hutchinson and the proposed Class are represented by Nicholas A. Migliaccio, Jason S. Rathod and Esfand Y. Nafisi of Migliaccio & Rathod LLP, and Daniel Levin and Nicholas Elia of Levin Sedran & Berman.

The Chevy Malibu Class Action Lawsuit is Hutchinson v. General Motors LLC, Case No. 8:19-­cv­-01551, in the U.S. District Court for the District of Maryland and class counsel are Migliaccio & Rathod LLP and Levin Sedran & Berman.

If you're in California and you’ve taken your Chevrolet Malibu to a dealership for issues above, from loss of power, throttle position sensor replacement, accelerator system replacement or any warranty condition, 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!  

Chevrolet Malibu Class Action - Valero Law.png
Equinox / Terrain Oil Consumption Class Action Receives Preliminary Approval

The judge overseeing Berman v. General Motors, LLC class action involving 2010-2017 Chevrolet Equinox and GMC Terrains has given preliminary approval to the settlement agreement. The court went further to set a final approval hearing on October 4, 2019. Notice will be sent to potential class members in the next few months.

If you are in California and if you’ve experienced oil consumption issues with your Chevrolet Equinox or GMC Terrain, you are possibly entitled to much more than what you would receive under the class action. With attentive and individualized attention, you may be entitled to a vehicle repurchase or a cash and keep settlement. This could possibly be more than what you are entitled to under the class action.

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Chevrolet Equinox Proposed Class Action Settlement Terms

The terms of the nationwide Chevrolet Equinox / GMC Terrain oil consumption class action have been released and, according to the documents filed by the attorneys (not Valero Law, APC), they are as follows:

  1. If you own a 2010, 2011, or 2012 Chevrolet Equinox, you will be reimbursed for ‘prior customer-paid repairs under existing model year Special Coverage Adjustments.

  2. A new Special Coverage Adjustment that will cover model year 2013 Class Vehicles that were manufactured prior to the production change that introduced the updated piston rings in May 2013. That coverage extends for 7 years, six months or 120,000 miles, whichever comes first.

ValeroLaw-GM Oil Consumption Class Benefit 1.png

ValeroLaw-GM Oil Consumption Class Benefit 2.png

The Proposed Settlement can be accessed here.

With that, class actions are handled exactly as described - in a class. As such, individualized attention is not directed on your case. Instead, if you satisfy the terms of the settlement agreement, you are potentially entitled to the settlement terms.

(Edit 5/16/2019: The class action has been approved. Link here).

However.

If you are in California and if you’ve experienced oil consumption issues with your Chevrolet Equinox or GMC Terrain, you are possibly entitled to much more than what you would receive under the class action. With attentive and individualized attention, you may be entitled to a vehicle repurchase or a cash and keep settlement. This could possibly be more than what you are entitled to under the class action.

The law firms that were appointed lead counsel to handle the class action are Ahdoot Wolfsoon, Coleman Law PC, and Whitfield Bryson & Mason LLP.

Chevrolet Equinox Oil Consumption Class Action Near Settlement?

A firm other than Valero Law, APC is litigating a class action in California regarding 2010-2017 Chevrolet Equinox and GMC Terrains regarding the rampant oil consumption issues in those vehicles. Based on documents that have been filed in Federal Court by those attorneys, it appears that the class action may be settling soon. Those documents can be accessed here. The most relevant portion of that is below:

Valero Law Chevrolet Equinox Oil Consumption Class Settle

From my experience, in a class action settlement, the class members receive less than what they would if the consumer brought an individual action. In an individual lemon law action, the consumer may be entitled to a refund of the purchase price of the vehicle (minus a small credit the manufacturer gets based on how long the consumer drove the vehicle up until it was taken to a dealership for the defect). In a class action, the recovery is generally limited to a coupon that can be presented to a dealership for repair or a nominal (less than $300.00) cash recovery. As such, an individual lemon law claim may be the best form of recovery here.

If you’ve taken your Equinox or Terrain to a dealership for issues above, from engine stalling, abnormal oil consumption, high pressure fuel pump failure, balance shaft chain failure or engine failure, 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!

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Transmission Class Action regarding 2015-2019 Cadillac, Canyons and Camaro

There is a new class action developing for owners of the

  1. 2015-2019 Chevrolet Silverado

  2. 2017-2019 Chevrolet Colorado

  3. 2015-2019 Chevrolet Corvette

  4. 2016-2019 Chevrolet Camaro

  5. 2015-2019 Cadillac Escalade and Escalade ESV

  6. 2016-2019 Cadillac ATS, ATS-V, CTS, CT6, and CTS-V

  7. 2015-2019 GMC Sierra, Yukon, and Yukon XL, and Yukon Denali XL

  8. 2017-2019 GMC Canyon

The transmission complaints revolve around hesitations, shakes, shudders, jerks, clunking and hard shifts that occur due to the design of the GM 8L90 and GM 8L45 transmissions. The class action goes on to suggest that the transmission defect is a safety issue and can also cost consumers extra money in repairs.

All this coupled with the fact that GM cut their power train warranties from 5 years and 100,000 miles to 5 years and 60,000 miles (which ever comes first) can definitely add up to more frustrated consumers who purchased these vehicles

A copy of the class action complaint, filed on 12/18/2018, can be accessed here. The name of it is Duffy v. General Motors, LLC

If you’ve taken your Silverado, Colorado, Corvette, Camaro, Escalade, Sierra or Canyon to a dealership for issues above, from transmission issues to 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!

Class Action in Massachusetts regarding Nissan Altima chugs along

Good news for Massachusetts residents who own a Nissan Altima with a CVT transmission. Not so much for anyone else outside of Massachusetts.

Krista Costa has sued Nissan North America, Inc. (“Nissan”) for violating chapter 93A of the Massachusetts General Laws, as well as state and federal implied warranty laws, by selling her a Nissan Altima with what she alleges is a defective transmission. Nissan has moved to dismiss Costa’s complaint in its entirety, contending she has not stated a plausible legal claim. Because the complaint provides fair notice to Nissan and contains ample facts that, if true, would entitle Costa to relief, Nissan’s motion is DENIED.

This snippet is interesting since so many consumers have made complaints similar to this:

Here, Costa has described how the alleged CVT defect manifested itself in reality both generally, e.g., Doc. No. 1 ¶ 1, and in her own car while she operated it between October 2014 and June 2018, id. ¶ 7. She also has plainly asserted that the alleged defect culminated in a total transmission failure, which occurred while she was driving and required the costly replacement of her CVT. Id. In other words, Costa has not simply identified a theoretical injury which she speculates could arise due to an unspecified “defect,” like the plaintiffs in Iannacchino. She alleges that she personally experienced recurrent safety-related performance problems, actual property damage, and real economic harm.

The name of the case is Costa v. Nissan North America, Inc and the case number is Civil No. 18-11523-LTS

if you're in California and you’ve taken your CVT equipped Nissan 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!

Chrysler 9-speed transmission class action near settlement

Granillo v. FCA, a Chrysler 9-speed transmission lawsuit is nearing class wide settlement and the terms are as such:

Number of transmission complaints:

3 - $400

4-5 - $800

6 or more - $2,000

The class-action lawsuit alleges the 9-speed ZF 9HP transmissions cause sudden, delayed and rough shifting as a grinding noise is heard during shifting. Customers also claim the transmissions experience reduced power when the vehicles shift into gear, and the vehicles can jerk during a harsh engagement of the gears.

The class vehicles are:

2014-2015 Jeep Cherokees with a 9 Speed ZF 9HP Automatic Transmission

2015 Jeep Renegades with a 9 Speed ZF 9HP Automatic Transmission

2015 Chrysler 200 with a 9 Speed ZF 9HP Automatic Transmission

If you do not want to become a member of the class and want to ‘opt out’ of the class action, you must do so by January 2, 2019. Details here.

If you're in California and you’ve taken your 2014-2015 Jeep Cherokee or 2015 Jeep Renegade or 2015 Chrysler 200 above, from rough shifting, grinding noises, transmission failure or any warranty condition, 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!

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New Ford class action lawsuit filed regarding Bosch High Pressure Fuel Pumps

A new class action complaint was filed on 11/16/2018 against Ford Motor Company alleging their 2011-2018 model year Ford diesel vehicles equipped with a Power Stroke 6.7L engine suffer from a defect relating to the Bosch manufactured High Pressure Fuel Pump. The allegations appear to be catastrophic to the engine as the complaint states:

The culprit is the Bosch-supplied CP4 high pressure fuel injection pump, which unbeknownst to consumers is a ticking time bomb when used in American vehicles. As Ford knew before and during the Class Period (2011-2018), Bosch’s CP4 pump was never compatible with American fuel standards. The CP4 pump is not built to withstand the specifications for U.S. diesel fuel in terms of lubrication or water content, and it struggles to lift a volume of fuel sufficient to lubricate itself. As a result, the pump is forced to run dry and destroy itself as air bubbles allow metal to rub against metal. The pump secretly deposits metal shavings and debris throughout the fuel injection system and the engine until it suddenly and cataclysmically fails without warning, further contaminating the fuel delivery system with larger pieces of metal.

A copy of the complaint, filed by San Francisco law firm Hagens Berman, can be had here.

If you're in California and you’ve taken your 2011-2018 6.7L Powerstroke Ford to a dealership for issues above, from engine failure, piston failure or any warranty condition, 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!

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New GM Brakes Class Action filed.

A California couple has filed a class action lawsuit against General Motors (GM) alleging the company knowingly installed defective braking systems in thousands of Chevrolet, Cadillac and GMC Trucks and SUVs and failed to inform consumers of the dangers posed by the faulty systems.

The suit, filed by Scott and Samantha Peckerar, cites an “irreparable and defective braking system supplied in all of the Class vehicles.” The suit alleges the defect makes it difficult to stop with the brake pedal becoming hard, requiring the driver to use much more force to slow the vehicle, severely and suddenly compromising the distance required to stop.

The class action complaint was filled in United States District Court, Central District of California, Eastern Division. It goes on to allege the defective braking systems were installed in all of the following vehicles::

  • 2015 to present Cadillac Escalades

  • 2014 to present Chevrolet Silverados

  • 2015 to present Chevrolet Suburbans

  • 2015 to present Chevrolet Tahoes

  • 2014 to present GMC Sierras

  • 2015 to present GMC Yukon/Yukon XLs

If you have any questions, you can contact the attorneys here https://www.corywatson.com/

Nissan North America Facing Class Action Over Alleged Transmission Defect, Should have recalled

A Nissan Altima transmission recall should have been issued years ago according to a proposed class-action lawsuit that alleges 2013-2014 Altimas shake, shudder, make a whining noise, hesitate and finally fail from transmission failures.

The lawsuit includes all consumers who purchased or leased 2013-2014 Nissan Altimas equipped with CVT transmissions.

The Nissan Altima transmission class-action lawsuit was filed Tennessee and the name of it is Gann, et al., v. Nissan North America.

From classaction.org

A proposed class action filed in Tennessee against Nissan North America, Inc. alleges 2013-2014 Altima vehicles suffer from a transmission defect that causes “shuddering, hesitation, stalling, unusual noises,” and ultimately total failure. The alleged defect in Nissan’s continuously variable automatic transmissions (CVTs) presents a significant safety risk, the complaint states, as vehicles stricken with the issue can lose momentum suddenly before stalling—supposedly without illumination of the cars’ brake lights.

According to the 29-page suit, the defect presents itself when a driver hits the accelerator; despite pressing the pedal, nothing occurs, the case claims. This event is sometimes followed by a sudden surge of power, which the lawsuit says increases the risk a driver will lose control over his or her vehicle. The cost of a total transmission replacement, which the suit points out consumers regularly have to undergo once the defect manifests, is upward of $3,000, according to the case.

Nissan allegedly knew the CVTs in certain Altima models were defective yet instead misrepresented the safety of the vehicles to proposed class members, the case says. As the lawsuit tells it, Nissan “knowingly engaged in omissions of material facts and false and misleading representations” concerning the performance of its 2013-2014 Altima transmissions.

A copy of the complaint can be found here.

If you're in California and you’ve taken your Nissan 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!

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Chevrolet Equinox Oil Consumption Class Action filed in Florida

Another Chevrolet Equinox class action regarding a defect regarding Oil Consumption has been filed, this time in Florida. The most salient portions of the class action complaint are highlighted below:

The Oil Consumption Defect is a substantial safety concern because it causes excessive oil consumption that cannot be reasonably anticipated or predicted, and causes the engine to run while dangerously low on engine oil. The Oil Consumption Defect is unreasonably dangerous because it can cause engine failure while the Class Vehicles are in operation at any time and under any driving conditions or speeds, thereby placing drivers, passengers, and the public at risk of accidents and injury. In particular, the Oil Consumption Defect can result in:

  • Sudden engine shutoff, resulting in loss of power, loss of braking, and inability to adequately maneuver in high-speed or congested driving situations;

  • Driver distraction due to sudden and unexpected engine shutoff, caused by sudden loss of power, illumination of warning lights and sounds, and loss or diminution of power brake assist;

  • Loss of maneuverability in high-speed or congested driving conditions due to unexpected loss of engine power—even when the engine does not shut off;

  • Unexpected vehicle stalling when the vehicle comes to a stop in traffic, thereby endangering vehicle occupants by substantially increasing the risk that other vehicles will hit the Class Vehicles that have stalled unexpectedly; and

  • Engine shutoff, failure (e.g., seizure), or stalling that strands vehicle occupants in remote, extreme, or unsafe locations or weather conditions.

The complaint can be found here

Individual actions, as opposed to class actions, are preferable as the potential reward can be much greater and, since each case is unique in it's own right, individualized attention can be given to each matter.

If you're in California and you’ve taken your Equinox or Terrain to a dealership for issues above, from engine stalling, abnormal oil consumption, high pressure fuel pump failure, balance shaft chain failure or engine failure, 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!

In the alternative, if you're in a state other than California, you can contact class counsel at 865-247-0080 and here.

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New Nissan Altima CVT Class action filed in Massachusetts

There is a new putative class action lawsuit pending in Massachusetts regarding the Nissan Altima continuously variable transmission (CVT).  The lawsuit alleges the CVT transmissions cause the cars to shudder, jerk, make noise, hesitate and stall and includes all consumers who purchased or leased a 2013-2014 Nissan Altima in ONLY in Massachusetts.  The name of it is Krista Costa, et al., v. Nissan North America, Inc.

This lawsuit is pending in Massachusets and only applies to MA residents.  However, if you're in California, Valero Law, APC may be able to help. If you're in California and you’ve taken your CVT equipped Nissan 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!

 

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Nissan CVT Problems

California consumers have been complaining vociferously regarding the problematic CVT transmissions in the Sentra, Versa, Juke,  Note, Pathfinder and Altima.  While Nissan did extend the warranty on the 2003-2010 models, Nissan later completely removed all reference to that warranty extension from their web page.  There have been multiple class actions filed regarding the CVT equipped Nissan vehicles.  

Common complaints in CVT equipped Nissans are:

  • Sudden shaking and violent jerking when drivers accelerate.
  • Lag or delay when the driver tries to accelerate.
  • Hard deceleration or “clunk” when drivers slow down or accelerate at low speeds.
  • Complete transmission failures and replacements.

A startling problem here is that, once out of warranty, it can cost approximately $4,000 to have the problematic CVT replaced AND, generally, dealerships often have trouble verifying the symptoms until it's too late!

The good news here is that, if you're in California and you’ve taken your CVT equipped Nissan 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!

 

 

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