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
2013 Nissan Altima. Please include
Please include me
Please add me. Same issue.
Have been having the same issue. Car shakes when driving and especially at certain speeds.
I have a 2013 Altima and same shaking issues. Please add me
My 2009 Nissan Altima transmission also went out!!! Pls add me!!
I had my transmission go out in my Altima.
PLEASE ADD ME
I have just purchased a 2014 Nissan and the transmission at times won’t shift. We go down a hill the car responds like the cruise control is on and slows it down.
Pease add me to your list
I currently own a 2016 Nissan Rogue and am experiencing mild shaking during braking and occasional transmission slips when the car is driven for an extended period of time. I have complained to my Nissan Service Consultant and they have been unable to replicate the problem so they won’t do any maintenance or even preventative maintenance to ensure the transmission is in good working order. I just need to know if this defect being claimed on the Altima extends to other vehicles like the Rogue. I love my car but am afraid to drive it with my kids. Any help would be appreciated.
Same lie they told me that they could not reproduce the problems, even when they were in the car and it did the problems. Nissan Dealers are dishonest, IMHO!
join the club,us 2005 xterra victims never got reimbursed for our premature transmission failures with some piss poor settlement that only benefited nissan,and I am still angry because I had to trade mine in at a big loss.Needless to say I would never buy a nissan,and tell every one I know not too also.I also worked for gooddyear and many people complained about the altima and pathfinder too.The worst car company buy far.
Yes, I had a Nissan with a Transmission defect under warranty that they simply refused to fix. Never buy Nissan!
I bought a 2007 Nissan Altima. Transmission went out. Costed me $1500 to replace it and I have the proof. Toyota is my solid way to drive.
join the club,us 2005 xterra victims never got reimbursed for our premature transmission failures with some piss poor settlement that only benefited nissan,and I am still angry because I had to trade mine in at a big loss.Needless to say I would never buy a nissan,and tell every one I know not too also.I also worked for gooddyear and many people complained about the altima and pathfinder too.The worst car company buy far.