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
My husband bought a 2013 Nissan Altima, had to put 2 transmission in it!!! He traded after 2 ND one put in only after a year or so of owning it. I bought a new 2014 Nissan Maxima at 60,700 miles had to put a transmission in it. Clearly there are issues with CVT!
Does the suit includes the shift lock issue that many are having?
Nissan Altima Has Defective made CVT Transmission .We purchased ours from Alexander Nissan Inc.
2013 Nissan Altima SL off the show room floor that was made with faulty parts.
We bought our first new car in 2013 after driving old junk for too long. Nissan old junk would rust out bad by the time they had 200,00 to 250,000 miles on them. The thing that made us by a Nissan was that the engine and transmissions would last with no major problems. I put protective coating on all the spots that rust on our new car. I was not aware that the CVT Transmission and Air conditioning pumps were made defective. Our car sits out at the dealer with a bad CVT transmission and AC pump. The owners manual says to change transmission fluid at 60,000 mile. I had taken extra good care of the car my wife drives by changing transmission fluid at 29,859 and at 59,950 miles. When our Altima was towed in and hooked up to code reader they said 11 error code came up saying transmission is no longer good. Nissan mechanic agreed that I should not have to pay $3200 for a used working defective transmission or $3400 for a rebuilt defectively made transmission. I think in 2016 Nissan was reported to have fixed the problem with faulty made transmissions. I want Nissan to pay for the repair with a free new transmission made after 2016. Our car investment should also get some money for the value lost by Nissan building Altima with faulty parts. If you Google 2013 Nissan Altima transmission the first pages are full of lawsuit information and complaints. Nissan needs to correct the problems by replacing all these bad transmission free of charge.
Add me to lawsuit!
My 2013 Altima is starting to show signs of possible transmissions problem. The rpm stick doesnt move a smooth as it once did. And seems to rev up higher than noemal when taking off in drive.
Same issue, they tell me it’s normal for that feeling & sound.
NOT TRUE
Where’s the truth
HELP PLEASE
I have a 2000 Altima with the last generation 4-speed Automatic. At 206,000+ miles still smooth, working like new! THAT is normal.
I have a 2015 Altima with the same problem. Through they tried to tell me that it was normal, it failed at 28,000 miles, 15 miles after being serviced. The problem restarted within 10 miles after the rebuild, three years after I bought it new. I’m taking to the dealer today, and have no intention of picking it up until it’s fixed. Still have eight months on the warranty. Wish they could be forced to extend it for fifteen years total. Would love to join this Class Action
The transmission has a 10 year 120,000 mile warranty, Nissan was forced to extend it because their transmissions are garbage.
Seriously, how do I join? Mine is a 2016 and at 27,000 miles the transmission failed. They fixed it but still, it’s replaced with the same awful transmission. Never buying a Nissan again after this. A new car should not fail like that.
I have 2013 and the lens is messed up making low beams too dim. 300 to 400 dollars each to put whole new unit to fix problem. Really? Can’t make headlights better that that. Last like normal vehicles I have owned at least 10 and headlights not ever an issue. Trying to pass car down to daughter but now I’m wondering if Nissan so money hungry won’t make normal things last and durable.
I have the same problem with the headlights. I bought this car for my daughter’s first vehicle and I can’t tell how many times the law has pulled us over due to the headlights being to dim.
We’ve got a 2015 Sentra that shakes like that , anyone else with this problem. Car was purchased new and only has 20,000 miles on it