Paul Tassin  |  April 3, 2017

Category: Closed Class Actions

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Nissan class action lawsuit

Parties have reached a settlement agreement in a Nissan Infiniti transmission defect class action lawsuit.

Owners and lessees of certain Nissan and Infiniti vehicles equipped with an FK-*k2 continuously variable transmission, or CVT, may qualify for benefits under terms of this settlement.

The settlement resolves claims from three separate Nissan and Infiniti class action lawsuits. Six plaintiffs in these actions allege the FK-*k2 CVT equipped in certain vehicles sold by defendant Nissan North America Inc. is defective in a way that causes the transmission to vibrate or judder during acceleration.

Plaintiffs claim this defect creates an unreasonable risk of a collision, putting drivers and passengers at risk for injury or death. They allege Nissan knew about the problem with these transmissions but failed to adequately resolve it.

The parties agreed to this Nissan Infiniti class action settlement last fall. Affected owners and lessees may qualify for a warranty extension or special pricing on a new Nissan or Infiniti vehicle.

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

Class Members will automatically benefit from this settlement unless they opt out. Those who want to exclude themselves from the terms of the Nissan settlement must do so by May 17, 2017.

Who’s Eligible

The settlement Class includes all persons who within the U.S. or its territories, including Puerto Rico, purchased or leased a Nissan Pathfinder from model years 2013 to 2014 or an Infiniti JX35/QX60 from model years 2013 to 2014 that was equipped with an FK-*k2 continuously variable transmission.

Potential Award

Varies.

Under terms of this settlement, Class Members may qualify for a warranty extension for their vehicle or special pricing on a new vehicle.

In all Class vehicles, Nissan will extend its warranty on the transmission assembly, including the valve body and torque converter, by an additional 24 months or 24,000 miles, whichever comes first. This warranty extension does not apply to the automatic transmission control unit, or ATCU.

Former owners of a Class vehicle who had at least two repairs or replacements of the transmission assembly, valve body or torque converter while they owned the vehicle may qualify for special pricing on the purchase or lease of a new Nissan or Infiniti vehicle under the Vehicle Purchase Program, also known as VPP Pricing.

Proof of Purchase

To receive a warranty extension, Class Members don’t need to do anything.

To exercise the VPP Pricing option, qualifying Class Members must provide their name and a government-issued ID to an authorized Nissan or Infiniti dealership on or before March 15, 2018.

Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS »

Exclusion Deadline

5/17/2017

Case Name

Kenai Batista, et al. v. Nissan North America Inc., Case No. 1:14-cv-24728, in the U.S. District Court for the Southern District of Florida

Final Hearing

6/21/2017

Settlement Website

www.NissanCVTLitigation.com

Claims Administrator

Nissan CVT Litigation Settlement Administrator
PO Box 43441
Providence, RI 02940-3441
1-855-306-1955

Class Counsel

F. Jerome Tapley
Hirlye R. “Ryan” Lutz, III
Adam W. Pittman
CORY WATSON PC

Ronald P. Weil
Mary Olszewska
WEIL QUARANTA PA

C. Richard Newsome
William Ourand
NEWSOME MELTON LLP

Lawrence Deutsch
Jeffrey L. Osterwise
BERGER & MONTAGUE PC

Jordan L. Lurie
Robert K. Friedl
Tarek H. Zhody
Cody R. Padgett
CAPSTONE LAW APC

Defense Counsel

E. Paul Cauley, Jr.
DRINKER BIDDLE & REATH LLP

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79 thoughts onNissan, Infiniti Transmission Defect Class Action Settlement

  1. Lateese says:

    I am so glad I found this site. I’ve had so many issues with my 2011 Nissan Altima. I started to notice vibrations out of the blue one day just sitting at a light or whenever I am just at a stand still. My mechanic told me it was engine mounts. I’ve had every engine mount and transmission mount replaced to try to stop the vibration but to no avail. At this point I’ve spent almost $1000 on mounts. I called Nissan headquarters in NY to see if I had recalls or if they could assist me with anything. I was told to take it to Nissan dealership to diagnose the issue and was told my altenator was cracked and needed to be replaced. Okay got that done… The car was still shaking, I gave up on that and continued to drive the car with the bad shaking until one day the car started making a weird noise and it was loud. Took it back to the dealer was told I needed to replace my transmission and by this time I had spoke with headquarters and filed claims with them 4 times and they would never help me. I was so frustrated with the whole process so 2 weeks til the day after having Nissan tell me I need a new transmission my car started slowing down in the middle of the highway. It would not allow me to accelerate. I pull over try all the gears the car wouldn’t move whatsoever. Definitely needed a transmission. Yes I was outside of my warranty with 120,000 miles but a car that’s only 5 years old shouldn’t need a whole new transmission already. Absolutely ridiculous!!! Had to borrow $ from my dad to get another transmission but this car has been an absolute nightmare. Never had this issue with my Maxima. I think it’s just an Altima thing. Cannot wait to buy another car. Can we start a class action suit????

  2. jeremy dixon says:

    I have a 2009 Nissan Pathfinder with over 178000 and noticed it was misting and took it to my mechanic and that’s when he told me about the coolant leaking in the transmission. how do I get on this lawsuit because it is a matter of time before my transmission goes out.

  3. Jessie says:

    Do u have to sign up for this class action suit my 2013 pathfinder in shop for transmission

  4. Gloria Scott says:

    There is a problem with my 2010 Nissan Rouge transmission. I was told that you can only get it fixed at the dealership.

  5. Cindy Shires says:

    I just had my 2012 Nissan Versa diagnosed today with a recommendation to replace the cvt!!!! It has less than 120k on it. To boot, I also had e cvt flushed in Dec 2016 and had the cvt software upgraded. This is DANGEROUS since the car can lose speed or delay in accelerating. These are accidents that can call se serious injury and harm to many. There is NO reason for a company such as Nissan to be irresponsible and neglect the safety of customers. Now I have a car sitting in my driveway because it broke down 2 miles from home! The kicker, a stranger that had a tow truck (small business owner) towed me for FREE! Can’t get Nissan to take ownership of their faulty parts. But they don’t mind telling ya it will cost 3500.00-4000.00 to replace it! Newer cars are suppose to last longer…I even paid the car off a year early so I could buy another newer 2016 Versa. Now I’m nervous and anxious about it lasting. I want it fixed at their expense. This warranty stuff is nothing but a ripoff as well…paying all that extra money that ‘isn’t covered”. What does it cover exactly? Need help!

    1. willie says:

      i think there is enough of us to start a class action law suit,my fiance’s 2012 nissan sv,did the same thing,hesitating in stops signs,pushing the acceletor pedal and just reving up the engine without moving while it was on drive and didnt have 60k miles yet,lucky she paid 2 grand for an extended warranty and they replaced it,but before that,the dealer where she bought from,took it to an authorized nissan dealer so they can fix all the recalls and then fix the tranny,so far so good,plus they charge us $100.00 deductible,i think they charge $1500.00 for the turnkey job and the new tranny,plus a year warranty,here in Chicago

  6. Candi Daniel says:

    I have a 2007 I haven’t had long that has this problem how can I join this

  7. Ashley says:

    My 2011 Altima nearly killed me a million times. After driving it for about 40 minutes straight, the transmission would shudder and then it would totally quit accelerating. I had it at about 10 different mechanics, had to borrow vehicles to try and get to and from school during those times and NO ONE could figure out the problem…NOT EVEN NISSAN!!! So ergo, I was driving around in a car that would randomly stop on me in the middle of the highway with little to no warning…I would LOVE to sue Nissan for all the stress that put me through. I cried myself to sleep almost every night wondering how in the heck I was going to afford a different car while I was still in nursing school. Had it not been for my grandparents I wouldn’t have been able to do it, but I am telling you, Nissan needs a good reaming for those transmissions…I paid so many mechanics so much money for NOTHING…It still makes me angry when I think about it today and I traded it in for a different Nissan about 2 months ago. yeesh…Nissan must really suck.

    1. diana says:

      What are they doing about this transmission problem withall nissans?

    2. diana says:

      What are they doing about this transmission problem with all nissans? I have a 2010 Nissan Altima 2.5L with 112,000 miles…

    3. Atondra Mitchell says:

      Did anyone respond to you Ashley? I sent a message about a week or two ago about the SAME EXACT thing with my 2011 Nissan Altima.

      1. Atondra Mitchell says:

        Correction: my car is a 2012 Nissan Altima which makes it even worse.

  8. Dan says:

    What about the 2014 Sentra?????

    1. Vivian Golson says:

      I agree. And mines don’t have 50,000 miles yet and the transmission is slipping

  9. michelle says:

    we traded in our Nissan Sentra because of CVT transmission problems, which the Sentra is not included in this class action. We took it in multiple times to the dealership because of shaking. When the warranty ran out, we traded it in.

  10. Tammy says:

    My 2013 Pathfinder has also had to have replacement visors every one to one and a half years since I have owned the vehicle. The first time was under warranty and this time even after the dealership service department stating that Nissan is aware that they have faulty visors and are making corrections; I was still charged $164.00 otherwise the visor hung directly into line of vision.
    I had complained about the shuddering on several occasions along with the seat sensor turning off the air bag on the front passenger seat. I was originally told that they could not duplicate the shudder and I told them I was leaving my vehicle with the assistance of the Nissan used car manager and the next morning they were able to duplicate it. The service department tried to get a part and since the recall notice was being processed but Nissan had not notified the dealerships, they did not have access to a replacement part for nearly 3 months. I am starting to experience a jerk after a cold start in the morning and late afternoon after sitting for several hours.

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