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. Too expensive to fix. We trashed it.
Please add me. My transmission we t out and we had to junk it. It was 2 expensive to fix
Add me please
Please add me. My 2016 Altima with only 62,000 and 6 months old failed and had to be replaced
How do you join the lawsuit? I have already replaced my transmission once and now its acting up again.
I had 2014 altima i financed it 0 it was around 15000 mile when starts making noise of griding while driving after 3 days i checked the recall of the same model i took it to atlantic nissan and they checked and said this car doesnt have recall and we checked and updated
I asked about the noise and they said something fishy that this problem does t come in warranty we have checked it for free. Ut u have to pay to fix it
Becasue we are asians doesnt know alot or rules, doesnt speak your laguage and we scares so we pay high $$ so we asked them about expenses and them said we dont know yet we can check repair them bill u
And once again we became fool
And traded the car to atlantic hyundai
I had a 2015 Altima a special edition, bought brand new in 2015, had 2 n a half years with almost 50,000 miles on it, never had a problem. Now I have a 2018 Altima s, bc someone hit n totaled it parked in my carport. I wish I could have it back. I am so unhappy with the 2018, that I am currently looking for another 2015. She drove like perfection anytime anywhere.
I had the same problem with my 2015 Altima transmission went out at 38000 miles luckily it was under warranty then the starter at 42000 needles to say I dont own the Altima anymore
I purchased my 2013 Nissa Altima and just replaced the transmission and my car acted the same way then ultimately stalled on me where I had to get my BF to towe me home and it would not excelerate.
I want to join.
I purchased my 2008. Kept it up in EXCELLENT condition….However I am experiencing transmission issues.
I changed the O2 sensors and has been down hill from there.
Please add me to the lawsuit. I had my 2013 Altima transmission replaced with only 70,000+ miles on it.
Kynetta Shinard
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