Nissan Infiniti Q50 InTouch False Advertising Class Action Settlement

Owners and lessors of Infiniti vehicles equipped with an InTouch entertainment system may qualify for benefits from an InTouch class action settlement.

This Nissan Infinti InTouch class action lawsuit was filed in March 2015 by plaintiffs Joshua Rafofsky and Joshua Iron Wing. The plaintiffs alleged that defendant Nissan North America overstated the capabilities of the InTouch entertainment system installed in its Infiniti Q50 vehicles.

Promotional materials for the InTouch system allegedly represented that it would allow drivers and riders to use mobile phone apps like Pandora, Facebook and iHeartRadio. Users could purportedly access their calendar through InTouch and could have their emails read to them out loud.

But these promised features were apparently beyond the InTouch system’s capabilities. Some of the advertised InTouch functions would not become available until after Nissan started marketing InTouch, according to the plaintiffs. Other advertised functions like Pandora and iHeartRadio would never become available, they claimed.

Rafofsky and Iron Wing alleged the loss of this promised functionality translated to a loss of around $1,000 for any person who purchased an InTouch-equipped Infiniti Q50.

In opposing the plaintiffs’ motion for Class certification, Nissan argued that promotion of the InTouch system was not broad enough for the entire proposed Class to have relied on it in choosing to buy a Q50. The company argued that promotion of the InTouch system was unique to each interaction between a Nissan salesperson and a potential buyer.

U.S. District Judge Andre Birotte denied Class certification in February 2017. Soon after that, the parties began working on a settlement agreement.

In April 2017, the parties reached the current InTouch class action settlement. Under terms of the settlement, Nissan will offer qualifying Class Members their choice of a cash payment or a voucher  good toward the purchase or lease of a new Infiniti vehicle.

Nissan continues to deny the plaintiffs’ allegations. The InTouch settlement does not require Nissan to admit any fault, and the court has made no decision regarding liability.

If approved the settlement will resolve two similar cases: Zingerman v. Nissan North America Inc., Case No. 1:14-cv-07835, in the U.S. District Court for the Northern District of Illinois, and Rafofsky v. Nissan North America, Inc., Case No. 2:15-cv-01848-AB-MAN, in the U.S. District Court for the Central District of California.

Class Members who want to object or opt-out of the terms of the Infiniti class action settlement must do so by Aug. 14, 2017.

Who’s Eligible

Class Members eligible to claim settlement benefits include persons who purchased or leased a new 2014 Infiniti Q50, for their own use and not for resale, from an Infiniti dealer within the U.S. or any U.S. territory.

Potential Award

Up to $1,250.

Qualifying Class Members can choose to receive either a cash payment or a voucher.

The cash payment will be worth at least $30. Class Members who affirm that they downloaded the Infiniti InTouch App before April 17, 2017 will receive an additional $55, for a total payment of $85.

The voucher will be good toward the purchase or lease of a new Infiniti vehicle. Class Members who have had fewer than three warranty service visits as of April 30, 2017 can get a voucher worth $500 towards a lease or $750 toward a purchase. Those who have had three or more warranty service visits as of that date can get a voucher worth $750 toward a lease or $1,250 toward a purchase.

NOTE: Nissan will offer only one payment or voucher per affected vehicle.

Proof of Purchase

No additional documentation is necessary other than the information requested on the settlement Claim Form.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

1/9/2018

Case Name

Joshua Rafofsky and Joshua Iron Wing v. Nissan North America Inc., Case No. 2;15-cv-01848, in the U.S. District Court for the Central District of California; Zingerman v. Nissan North America Inc., Case No. 1:14-cv-07835, in the U.S. District Court for the Northern District of Illinois

Final Hearing

9/11/2017

Settlement Website

www.2014Q50ClassActionSettlement.com

Claims Administrator

Infiniti 2014 Q50 InTouch Settlement Administrator
c/o Kurtzman Carson Consultants (KCC)
PO Box 43486
Providence, RI 02940-3486
1-844-454-4159
admin@2014Q50ClassActionSettlement.com

Class Counsel

Ben Barnow
BARNOW & ASSOCIATES PC

Defense Counsel

Peter J. Brennen
JENNER & BLOCK LLP