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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.
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392 thoughts onNissan Can’t Escape Altima Transmission Defect Class Action
Please add me at class action,my transmission went down, at 90k
2008 Nissan Altima.
They told me this is so rare happened only to few Nissans
I agree with this claim my vehicle shakes like crazy too, and I took it to several nissan workshops nearby and all of them say, there is no issue with the vehilce, but I know it is not smooth as compared to similar year Toyota Camry anf Honda Accord. I will not recommend Nissan to anyone in future. Rubbish vehicles and and rubbish customer service.
I am currently without my 2011 Altima because the transmission went out on Christmas Eve. Due to the CVT (continuously automatic variable transmission) is is going to be very costly considering the purpose of these types of transmissions can not be worked on, they can only be completely replaced. Nissan should be responsible for all year models that have this issue simply because this defect should not be the consumers responsibility.
I believe u are covered under a recall I was told 2013 and newer have not been approved for the recall fix luckily I got the extended warranty or else I would had to pay 4,000
I have the same issue with my 2014 Nissan Altima S car wants to stall when I hit the gas. Please add me to that suit
My wife’s 2013 Altima lost the original trans at 10k. The seco f one at 26k and we traded it in with 58k on the odometer. The trans was starting to act like it was slipping again. Loved the car and comfort. Hated the drivtrain.
Good to know Nissan is in trouble.. I have a 2013 Altima and the transmission shift lever locked out probably within 3 years of purchase and hence cannot shift from Park to drive .. Dealer would charge $800 to fix it because the shift lever is not part of transmission and it not covered under warranty as per them.. many people have faced the same gear shift lever issue and it’s in many forums.. Nissan knows it’s their issue but won’t fix it and wants us to pay ..thanks…hope someone sue them for this too….
I own a 2013 Nissan Altima 3.5 SL. The transmission failed at 55000 miles due to an internal failure. Nissan replaced the transmission under its powertrain warranty, vehicle now has approximately 82,000 miles what time is starting to show the same symptoms it was showing before the initial failure.
I have a 2008 Nissan Altima as well having transmission issues. What are my options?
Same thing happened to my 2006 Maxima!!!
Had to replace transmission at 60k miles!!
Add me please
My transmission went out on my 2008 Nissan Altima twice please add me to this class action suite