Nissan Hit with Class Action Lawsuit over Infiniti InTouch App

Yesterday, a plaintiff filed a motion to certify a class action lawsuit alleging Nissan North America Inc.’s 2014 Infiniti Q50 vehicles lacked the features that were promised with the included InTouch telematics system.

According to the Nissan class action lawsuit, Nissan released the 2014 Infiniti Q50 in the United States in August 2013. The luxury sedan was touted as having a wide variety of advanced technologies, including the ability to access apps through the InTouch system. The InTouch system would allow users to access mobile phone apps such as Facebook, Pandora, iHeartRadio and access their email and calendars.

To use the InTouch system, users were required to download the Infiniti InTouch app onto their smartphones and obtain a software upgrade. However, the app was allegedly not available for at least a year after the Infiniti Q50’s release.

“Contrary to these representations, until late-September 2014, at the earliest (if at all), purchasers and lessees of Q50s were unable to access the Advertised Apps/Functions through InTouch,” the class action lawsuit says. “And, even though [Nissan] has recently claimed to be releasing products to make the system operate as represented, the effort has been less than effective.”

Plaintiff Leon Zingerman filed the Nissan class action lawsuit this week after he attempted to get the InTouch upgrade that would allow him to access his apps as promised. However, he claims the Infiniti dealership said it was unaware of the upgrade and did not know how long it would be before it was equipped to perform the upgrade.

Zingerman alleges that, without the ability to use the InTouch feature, he received a vehicle that was worth less than he paid for and that did not perform as advertised. In making the decision to purchase the Infiniti Q50, Zingerman alleges he relied on Infiniti advertisements, the Infiniti website and representations made by the sales staff at the Infiniti dealership.

The Infiniti class action lawsuit points to numerous complaints that have been posted online regarding the failed release of the InTouch app. “We were promised this app in Fall 2013, then December 2013, then they stopped talking about it altogether,” one reviewer wrote. “Now in September 2014 it is released and it is completely useless. … [N]one of the apps work. Ridiculous experience on the Q50.” Other reviewers expressed similar frustration.

To make matters worse, the InTouch class action lawsuit alleges, Nissan failed to provide a reason for the delay of the app and has not offered any compensation or other benefits to the potential Class Members for the unavailability of the advertised app.

The Infiniti InTouch app class action lawsuit seeks to hold Nissan accountable for violating the Magnuson-Moss Warranty Act, the Illinois Consumer Fraud Act and breach of express warranty.

Yesterday, Zingerman filed a motion to certify the InTouch class action lawsuit. He seeks to certify a Class of “All persons and entities that purchased or leased a 2014 Infiniti Q50 for end use and not for resale.”

Zingerman is represented by Ben Barnow, Sharon Harris, Erich P. Schork and Jeffrey Blake of Barnow and Associates PC.

The Infiniti InTouch App Class Action Lawsuit is L. Zingerman DDS PC d/b/a Niles Family Dental v. Nissan North America Inc., Case No. 1:14-cv-07835, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

UPDATE: The Nissan Infiniti Q50 InTouch Class Action Settlement is now open. Click here to file a claim.