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:
the Class Member must be a current or former owner or lessee of a Class Vehicle as of the Notice Date;
the Class Member actually paid for a Qualifying Repair; and
the Class Member must submit to the Settlement Administrator within the applicable Claims Period
a properly completed Claim Form with a proper VIN;
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
all necessary supporting documentation which is:
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.
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:
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.
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.
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!