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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
Wow! Can I still join this civil action? Please excuse my sarcasm, but i will never purchase a Nissan ever again! I had a 2015 Nissan Sentra and the transmission went out literally after the 50,000 warranty . The Nissan dealer here in town said they would fix it they paid 90% of the costs and I 10% . Tell me why not even 2 months later the transmission went out again. Took it back to the dealer and they said its my responsibility. It was going to cost $3,500 for a 2nd transmission. I did not have the money to fix it. I called the finance company explained the whole story and how it wasnt driveable. They told me my options were to sell car back to any dealer, pay the car note regardless if it was driveable or not or voluntary surrender the vehicle. I had no money to fix it so I had no choice but to voluntarily surrender it. Thanks to all this mess now thats on my credit. Over Nissan vehicles!
2016 Altima suddenly started to hesitate while shifting. Called dealership who said bring it in Mon because it was Saturday. I stopped to have brakes done. After, was driving home, came to a slight hill, car struggled to make it….after that it was worse. Barely made it home.
Never drove it again.
I had to have my trans replaced in my 2012 Ultima after owning it less than a year. The dealership said it was a known issue but wasnt covered under a recall or my warranty.
My 2012 Altima stopped on me on the interstate. After I bought it, I took it to the dealership several times due to the fact that while I was driving it would not accelerate properly and I would have to pull over and wait for awhile in order to get to my destination. Nissan nor the nissan dealerships did not tell that there was an extended warranty on the transmission. I had no clue until my vehicle put me down completely and I was pass the 130000 mile marker which the problem was going on well before this. I found out that there were a significant amount of altima owners that have had problems with their cvt transmissions as well. Nissan should be held accountable for this issue it is unacceptable. How can owners of other altimas with cvt transmissions that are not 2013-2014 get a law suit started?
I have a 2017 Altima it shakes and hesitates often.
I own a 2009 nissan altima 2.5 Which I purchased in 2016 and in 2018 the transmission went all of a sudden with no indication of failure . I spent $2,000 dollars for a transmission and no telling how long this one will last after seeing all the people and the law suit there is in regards to nissan altima cars , the nissan car company needs to rectify this problem and prevent this issue from happening to future sales of this specific car and all the different models of altima , nissan should be held liable towards all the consumers who has gone through this issue in question after all the money consumers have paid or still financing altima cars
Same here 2012 Nissan Altima problem with the CVT slipping I took it for check up it’s still slipping
My 2014 Sentra did the same thing. The dealership made me feel stupid and acted as if I was imagining it. I traded it in for a 2016 Altima bc no other dealership would deal with me bc of the amount I still owed. I knew I wasn’t crazy.
I have a 2011 Nissan Altima and it’s having the same issue. Transmission oil leaks and after filling up with cvt trans fluid, it works fine until it empties out. The car shakes and hesitates. I want into this lawsuit. Can someone contact me please?
Does this also include 2015 Altimas? Both 4 cylinder and V6?
I bought a 2015 4 cylinder yesterday!
I have a 2010 doing the samething