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. Paul Sinclair says:

    I financed a 2013 Nissan Rogue about 2 years ago and heard a whining noise for a long time not knowing what it was. When I first got the car it had about 30,000 miles on it and right now it currently has 95000 miles and a couple of days ago a diagnostic test was ran on it saying transmission failure which I can’t believe from a 2013 vehicle that this would happen. I’m in year 2 of a 6 year Finance with a 15% APR because of my credit score from 2 years ago when it first got it. I’m the only driver in my household and I use my vehicle for work so it is a really big hit on me and my family and I don’t know what to do. I called Nissan to see if there’s any type of warranties that would cover this issue and they ran my VIN number telling me that they couldn’t help me. Can anybody please help me about this issue thank you, Paul.

  2. Jon says:

    Hello, I have purchased a 2013 Nissan Sentra from a used car dealer with 42,000 miles on it and knew nothing about problems with the Nissan CVT transmissions, and when i hit 45,000 miles the Transmission blue while just cruising on highway at 65 miles an hour, they replaced transmission st the local dealer. 1 week later cruising on highway and the same thing, the Transmission stopped working and they told me a seal blue that was not properly installed on the replacement transmission. Which i truly don’t believe, now on Christmas eve the transmission blew again, i do have 142,000 miles but i travel a lot of miles on the highway, and now told I need another transmission. This will be the 3rd one in a year, and when I spoke on phone,with an independent Transmission person, told me these CVT transmissions are a piece of garbage and I should keep them in stock. I have been driving cars for almost 36 years and have replaced more transmissions in this car than all combined. Some with 331,000 miles. This repair will cost about $3600.00 which I don’t have and need my car for work, Called Nissan Consumer Affairs and they are no help either. Go on line Nissan, looks like over 300 complaints about this transmission in your vehicles. You need to replace for the average person that needs to make a living to support their families!!!

  3. Ernest says:

    FYI, There is a class action lawsuit settlement Batista v. Nissan, North America, Inc. Please go and review and check to see if your car may have been involved. I also filed a BBB complaint per instructions on settlement web site. Just a little help because no one ever let me know about this. I had to research myself.

    1. Top Class Actions says:

      This article is about the Batista settlement and includes a link to the settlement website where viewers can review FAQs: http://www.nissancvtlitigation.com/

  4. Ernest says:

    I purchased my 2013 Infiniti JX35 less than two years ago from a used car dealer but did notice there were transmission concerns happening to my vehicle shortly after. I was still under the 70k powertrain warranty and was instructed to take it to the Infiniti dealership. I took my vehicle and they advised me that nothing was wrong with the transmission. I took the vehicle a few more times and again was told nothing was wrong with the transmission. Keep in mind this was before the 70k warranty expired. Now my warranty is expired and I am being told my vehicle is pulling a code to have the transmission replaced. It is juddering on acceleration just like everyone else that seems to have filed complaints. I paid 1400.00 for a all wheel drive part replacement which I was told would fix the problem, it didn’t. I called Infiniti consumer affairs and spoke with Brian 615-725-7573 and was told by Brian that he had no records showing that I took my vehicle in for transmission concerns nor would he refund or fix my problem. Actually, he sounded really un-empathetic and could have cared less what I am going through. I am stuck with a new part that didn’t work, out $1400.00 that I had to charge to my cc, and a vehicle that I am upside down on and probably will not be able to trade in. I have been reading nothing but complaints and will never recommend to anyone “EVER” to buy a Nissan product. They are ruthless and only care about themselves. I will be filing a formal complaint with my AG and possibly will be going to the local media. THIS IS NOT FAKE NEWS! Nissan made a bad product, profited off the bad product, and stuck its consumers with the bill. Wow… I am sorry for the rant but it is very heartbreaking to put so much trust in a product and have it rip the carpet our from under you.

    1. Top Class Actions says:

      We offer a submission form on our website for you to fill out if you are seeking class action legal help. Attorneys will then review your submission to determine if you have a case. If they feel you qualify, they will contact you directly. You can submit your information here: https://topclassactions.com/start-a-class-action/.

  5. Kara says:

    I just purchased a 2014 Pathfinder and within a month its been to Nissan twice for transmission repairs! I was never told about any issues they were having when I purchased the vehicle nor has Nissan mentioned a darn thing about this law suit

  6. Sandra says:

    I’ve noticed that the get up and go in my 2014 Maxima had gotten up and gone. I’ll definitely check into this. Thank you

  7. judy says:

    I am 66 i cannot afford another car !! my CVT just went out also. I have a Nissan Versa SL and still paying the note. This is not fair. Why want anyone help us.??

    1. michelle mcpherson says:

      We have a 2014 Nissan Versa with a bad cvt transmission that nissan won’t do anything about.

  8. Nicole King says:

    I have a 2014 nissan sentra. Just bought car transmission gone . What can i do because i owe on this car?

  9. khaled el baser says:

    i have 2005 pathfinder it just shut off i towing to the dealer they told me it is the transmission it is going to cost me 5000 $ to get fix why and they know it is defeated how low the can go i am not sure what to do
    i bought from TOYOTA DEALERSHIP IN NEW YORK i need help

    1. jamie says:

      2005 Pathfinders had a very BIG design error. Transmission cooler located inside of the radiator. So basically what happened was if your transmission cooler leaked, it would take antifreeze into it, and then distribute the antifreeze to the transmission. (This equals toasted trans) Nissan hasn’t really been very associated with building quality since the 80’s-early 90’s Been in the car business a long time. Stick with Toyota’s!

    2. Joe rogers says:

      I just purchased a 2005 Nissan extera I made 2payments and my transmission is also gone I also purchased from private dealership I think we need to ban together from what I’m reading they are well aware of the situation and have ins

  10. Susan says:

    I had the issue with the transmission too. (2013 Pathfinder) Nissan’s fix to that was to reprogram it. So that I can never get to a steady 20mph on my speedometer , (that’s when I would get the shudder) I’m always getting tailgated because I always think I’m doing the speed limit of 30 but in reality I’m going 25.
    I also have the same issue with the passenger side airbag censor, I need to bring it in once again for a reprogram. Reprogramming is Nissan fix. I keep photo records of every time it malfunctions, So just in case I have an accident and it doesn’t deploy I’m Sueing Nissan. Oh and I wont tell you about the blower motor that took the dealership over a year to finally figure out what the problem was.

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