Posts tagged Nissan Altima
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 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!

Name *
Name
Phone
Phone
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!

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!

Name *
Name
Phone
Phone
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!

 

Name *
Name
Phone
Phone
Nissan Timing Chain Class Action Settlement

Settlement terms have been agreed to in Falco v. Nissan North America, a class action lawsuit that alleged that the timing chains in certain Nissan vehicles would fail prematurely.  If you own one of the following vehicles, you may be entitled to partial reimbursement: 

  • 2004-2008 Nissan Maxima
  • 2004-2009 Nissan Quest
  • 2004-2006 Nissan Altima (VQ35 engine)
  • 2005-2007 Nissan Pathfinder
  • 2005-2007 Nissan Xterra
  • 2005-2007 Nissan Frontier (VQ40 engine)

Under the settlement, affected owners and lessees are entitled to partial reimbursement for money spent in connection with the diagnosis of, repair to, or replacement of the primary or secondary timing chain systems or components. Alternatively, those owners and lessees may receive a voucher to be used toward the purchase of a new Nissan vehicle.

If a complaint/repair was made between 60,000 miles and 80,000 miles, Nissan will provide reimbursement of 80 percent of the first $900 of repair costs paid, or a voucher in the amount of $1,500.

If a complaint/repair was made between 80,001 and 100,000 miles, Nissan will provide reimbursement of 50 percent of the first $900 of the repair costs paid, or provide a voucher for $1,000.

If a repair was made between  100,001 and 120,000 miles, Nissan will reimburse 20 percent of the first $900 of the repair costs, or provide a voucher in the amount of $500.

If a complaint/ repair was made after 120,000 miles at the time of repair is not entitled to reimbursement. 

Class members will be notified by mail and more information can be had here