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
How do i get added to the lawsuit???
I purchased my car 4/15/2017 in CA but lived in NV. I have gotten all of my worked done on my car by Henderson Nissan and United Nissan out of pocket and warranty. On 1/4/2019 my car wouldn’t accelerate on the freeway and had shut off on me, I had my car towed to Henderson Nissan and they told me it was nothing wrong with my car, I asked them was it my transmission and they said it was nothing wrong. On 2/01/2019 I took my car to United Nissan to get a second opinion because i was not comfortable with the way my car just shut off on me for no reason, and they told me that I needed a new transmission. I got my car back on 2/5/2019 and my car still felt like it didn’t want to accelerate and was a shaking. So I took the car back to United Nissan on 3/20/2019 and asked was it my transmission and was told it was a Toruq mount and needed a complete Fuel System Cleaning. Got the car back 3/20/2019 and paying Total $610.82 took it home drove it for a few days and BOOM engine light came on. Took the car back to United Nissan 3/28/2019 and they did a recheck to replace the throttle chamber, got the car back 3/30/2019. Drove it around a few more days and BOOM engine light back on car still driving weird take it back to United Nissan 4/3/2019 and they say its Mass Air Flow get the car back 4/9/2019. Today is 4/17/2019 and my car drives like a piece of shit I’m scared to drive it now. Last night I drove it and i was only doing 20Mph and the RPM shot up to number 4-5 and it still feels like my car won’t accelerate. My warranty is over in 800 Miles and I don’t know want else I should do or what should be my next step.
I have a tooth out I have a 2014 Nissan Sentra. With the CVT transmission. Same exact problem. Spoke with a Nissan representative yesterday. They are sorry but they cannot help me due to the fact that my transmission is out of warranty by 38,000 miles. It has less than a hundred thousand on it and only a five-year-old vehicle. I find it sad that Ford will stand behind their product and Nissan will not. They need to make a recall on these Transmissions.
How can I be added to this claim?
I needed to be added 2016 Nissan Altima transmission issue started February 2019 fixed March 2019 went back to the Shop and the engine light on now 45 thousand miles on it
2015 Altima , same issues. shaking between 1500 and 2000 rpm, or a low growl. add me to the suit. because i will need a tranny too
I second this lawsuit, I also have similar complaint with my Nissan Altima 2013. My transmission was replaced at 69,000 kms and cost me around $ 2700 to repair.
2017 Nissan Altima. I have had the car for 4 months. Its been in the shop 4 times. I have been complaining about the noise and transmission that they say is just how the car is made. The technician even told me that ever altima from 2015 and up all get the same complaints but theres nothing they can do about it.
Can I be added to the lawsuit? 2013 Altima that was having issues while still in warranty. Dealer said it wasn’t the transmission. Now that it is out of warranty, they say the exact same noise is the transmission.
I had the same issue with my 2009 Nissan Altima. I paid thousands to replace the transmission. I filed a complaint with Nissan NA, but they refused to help. Can I be added here?
Please add me to this lawsuit. This is ridiculous. 62,000 miles and I have to replace the transmission. 2016 Altima. $3600 to replace.