Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A federal judge has rejected Nissan’s request to dismiss a class action lawsuit alleging Altima vehicles have defective transmissions.
Nissan states that there are no particular misrepresentations named in the Nissan class action lawsuit and that no specific design defects were outlined in the suit.
According to the judge overseeing the Nissan class action lawsuit, the case will proceed as the plaintiffs appeared to have provided specifics about the alleged issues.
Lead plaintiff Krista Costa believes she’s not the only one who experienced transmission issues with a Nissan Altima after purchasing the vehicle.
Costa states that her vehicle randomly shook while she was driving until the vehicle ultimately failed.
She alleges that she spent $3,500 to address the transmission issue in the car, a claim that the judge says is at least plausible enough to continue the case.
The Nissan class action lawsuit was originally filed after Costa bought her Nissan Altima in October 2014. She says that marketing statements used with the car included claims of excellent responsiveness, a smooth drive, and great drivability. The vehicle contained a continuously automatic variable transmission.
However, as argued in the Nissan class action lawsuit, Costa and other drivers with 2013 and 2014 models dealt with the shaking issues and premature transmission failure. The Nissan Altima class action lawsuit alleges that this is due to a known defect in the car.
Nissan is accused of promoting the vehicle by making claims about a smooth ride and other features despite knowing that the transmission was likely to fail early.
The lawsuit was filed based on alleged violations of the Magnuson-Moss Warranty Act, implied warranty of merchantability under Massachusetts law, and the Massachusetts Consumer Protection Act.
In response to the filing of the Nissan class action lawsuit, the defendant tried to argue that the perceived vague nature of the plaintiffs’ claims and the fact that the car worked normally for four years should void the suit altogether.
Nissan took issue in particular with the claims brought under the Massachusetts breach of implied warranty statutes.
The judge, however, said that since the breach of implied warranty law in Massachusetts relates to the roadworthy nature of the vehicle that the plaintiffs’ allegations of vehicle shaking and other issues enable the case to proceed for now. If the car breaks down in traffic due to the shaking or stalling, this could be seen as a traffic hazard, the plaintiffs claim.
The plaintiffs are represented by Ben Barnow, Erich P. Schork and Jeffrey D. Blake of Barnow and Associates PC, Timothy G. Blood and Thomas J. O’Reardon of Blood Hurst & O’Reardon LLP, and David Pastor of Pastor Law Office.
The Nissan Altima Transmission Class Action Lawsuit is Krista Costa, et al. v. Nissan North America Inc., Case No. 1:18-11523-LTS, in the U.S. District Court for the District of Massachusetts.
UPDATE: The Vehicle Safety Defect Investigation is now open! If you own a vehicle that has a safety defect and you believe it should be covered by the warranty and it’s not, submit your information here.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
392 thoughts onNissan Can’t Escape Altima Transmission Defect Class Action
please add me have an altima with cvt and it has to be replaced
Please add me, my 2018 Nissan is in the shop as I type this message.
It did absolutely nothing when I put in drive and reverse. I’m awaiting my faith as it is still covered under the power train warranty.
I have a 2017 Nissan Altima right at 80,000 miles and transmission went out. They said it would cost over 4000 to fix. They said my extended warranty expired at the beginning of the year and they won’t do anything about it.
How can I file a class action lawsuit due to my 2015 Nissan Altima’s transmission went out and the repair is $4,000?
Please add my to the class action. My 2012 Nissan Altima’s transmission has been giving me problems since I bought it.brand new from Nissan. it’s almost 10 years and 70k miles later and all Nissan dealerships have ever done over the years is simply charge my battery and send me on my way stating there is nothing they can do. Nissan North America offered me $700 “for my troubles” that, according to their proposed agreement, would be taken back if I ever traded the car in. I asked for them to please just fix my car, and they refused saying that the extended warranty I purchased from them has run out. I’m scared of being stranded in the middle of nowhere or not having a reliable car to get to work in the morning. I’m highly disappointed and will never buy another Nissan vehicle EVER!
I have 49K miles on my 2014 Nissan Altima which I bought new, it still drives great, but the air conditioner compressor may need replaced, a year ago and they said they could not do it under warranty its too old. The last time I had it serviced the service repo told me I had a branded title and no warranty, but I was to have an extended warranty on the transmission. I found out that a month after I paid my car off Nissan branded my title and removed my warranty! I have waited for 2 months on them to fix that. I had to send them proof from the MVD that it was not my state that did branded it, and I have had no accident. If my transmission does have problems later I would expect them to replace it. But from what I have read not everyone’ s has been covered as it should. I would like more information if others have had this same problem.
I am going through the same cvt transmission issue. My issues started in July of 2021 and NISSAN AND THE NISSAN DEALERSHIP have refused to make it right. I have contacted the Attorney General in KY with my complaint and I have sent out my story to lawyers in KY but haven’t heard any positive feedback. I have a 2013 Nissan Altima that I bought that had 35,000 miles on it in 2016 and it basically shut down without warning and has about 52,000 on it. I want to file either a class action or individual lawsuit and you are right this is out and out known fraud
2016 Altima is having transmission issues.