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A settlement has been proposed in a class action lawsuit alleging Nissan North America Inc. failed to notify consumers that the failure of a brake booster component in certain Nissan and Infiniti vehicles could cause a reduction in braking power.
If you owned or leased a model year 2004-2008 Nisan Titan (with VDC), Nissan Armada or Infiniti QX56, you may be entitled to benefits from the Nissan class action settlement.
The Nissan brake defect class action lawsuit accuses the car maker of failing to notify consumers that the failure of the Delta Stroke Sensor (DSS), a component in the brake booster in certain Nissan and Infiniti vehicles, could reduce the braking power in affected vehicles. The brake booster with DSS at issue in this Nissan class action lawsuit was reportedly manufactured by Continental Automotive Systems Inc.
Nissan and Continental Automotive Systems deny the allegations and maintain that the driver would have sufficient braking power even in the unlikely event of a DSS failure. However, they have agreed to settle the Nissan class action lawsuit to avoid the expense and risk of litigation.
The proposed Nissan settlement provides a number of benefits to eligible Class Members, including partial reimbursement for out-of-pocket costs incurred for repairing the active brake booster and/or VDC control unit.
If you would like to object to or exclude yourself from the Nissan DSS class action settlement, you must do so no later than Aug. 19, 2016.
Who’s Eligible
Class Members include U.S. residents who currently own or lease, or who previously owned or leased, a model year 2004-2008 Nissan Titan (equipped with VDC), Nissan Armada, or Infiniti QX56 vehicle.
Potential Award
Up to $800.
The amount each Class Member is eligible to receive from the Nissan brake defect settlement depends on the mileage at the time of repair of the DSS issue. The settlement offers a partial reimbursement for the out-of-pocket costs associated with repairing or replacing the active brake booster and/or VDC control unit.
Proof of Purchase
Class Members must provide documentation reflecting the specific C1179 diagnostic code associated with the DSS issue, proof that the out-of-pocket expenses were actually paid by the Class Member, and proof that the Class Member owned or leased the vehicle at the time of repair of the DSS issue.
Claim Form
Claim Form Deadline
8/19/2016
Case Name
Banks v. Nissan North America Inc., Case No. 4:11-cv-02022-PJH, in the U.S. District Court for the Northern District of California
Final Hearing
9/21/2016
UPDATE: The Nissan Brake settlement was granted final approval by the court on September 23, 2016.  Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
Claims Administrator
Banks v. Nissan North America Inc. Settlement Administrator
P.O. Box 43344
Providence, RI 02940-3344
Phone: 1-877-790-2122
Fax: 1-866-519-2764
Admin@DSSClassAction.com
Class Counsel
RAM OLSON CEREGHINO & KOPCYZNSKI LLP
CARTER WOLDEN CURTIS LLP
CORY WATSON CROWDER & DEGARIS PC
WYLY-ROMMEL PLLC
Defense Counsel
GIBSON DUNN & CRUTCHER LLP
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25 thoughts onNissan Brake Defect Class Action Lawsuit Settlement
My 9/20/11 brake failure was VDC control unit
On September 20, 2011 I was getting back on the highway after getting gas, the brake light was on, I checked to make sure the parking brake was off, I was to get off at the next exit which was a downhill exit, about 1/4 mile long, I exited and tried to brake, there were no brakes, I kept pumping with no response until about the 11th time when it started responding a little bit more each time I pumped the pedal (while I started to gear down, slowly engage the park brake. I was finally able to stop about 10 feet from the white line at the light at the bottom of the hill. I had it towed across the street to a Nissan dealer. The computer check said I had complete brake failure, it was due to an alerted computer issue (not recall). They replaced it for free due to the alert. Ever since, when I get my Armada serviced, I ask if there are any alerts (not recall) and if so have them deal with it then. I don’t want to have to have such a scary event again just because they chose not to do a true recall. I have had other brake problems such as the antilock computer defect had to replace so it wouldn’t grind.
I called today Feb 7th. Checks went out Feb 3Rd.
UPDATE: The Nissan Brake settlement was granted final approval by the court on September 23, 2016.  Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
I have a 2006 Nissan armada with a Brake issue and I had it since 2007 and I barely find out there was a law suit for this problem I want to know what can I do about it at this point ? Thank you !
Yo tengo una i finiti qx56 del 2005 y los frenos se ponen y ase ruido ase tiempo m llego un papel para la demanda lo regrese pero asta ahorita no m an contestado k tengo k aser alguien m puede ayudar
Have the same question…any resolution available with Nissan since past settlement date. Was not notified of the recall & just started having problems with grinding noise while braking.
This should also include Nissan Maxima 2013.
I just had my brakes make the grinding noise tonite (10-2016) and never had an issue and didnt get into the lawsuit. Am I out of luck getting reimbursed or will infiniti address this with dealers to fix this very dangerous issue that is still occurring and people might not even know? Miles? 120,000 and follow maintenance to a T.
Hola yo tengo una Nissan 2007 y tengo problemas con los frenos ya me pasó 3 veces que los frenos no agarran y es demasiado preocupante Xk la compre para mi familia ,, la lleve a que la revisarán en la Nissan y dicen que no tiene nada puedo unirme ala demanda colectiva ??
I Agree did Nissan Replace the The Brake Booster on the Titan Truck. For the year 2011-2014.Was their a Recall done for Titans After this. I never received a Notice on Titan Truck.
This should also include 2012 Titans as my husband has had his brakes replaces numerous times since he purchased his truck in 2012 and the dealership replaced the back ones for free when they replaced the front ones because they didn’t last and we’re replaced not even 3 months before and he had less then 20000 miles.
That has nothing to do with this recall. This recall is for the brake booster. I had a friend that had the same issue you are and Nissan claimed his Titan to be a lemon. You should check into that.