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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
It’s not just the Altimas I have a 14 Nissan Maxima at 59000. Every since getting a oil change it’s been shutting off.The Greenville NC dealership is aware of the cvt issue and were not helpful at all.Never never will I purchase a Nissan they dont stand behind their product!
Same symptoms with my 2012 Altima. Was not aware of class action until called around for estimates. Called local Nissan dealer said the would perform diagnostic test, and it was the cvt. They called corporate and corporate called me and said mileages was past 60k and the can’t help me. I need help.
2014 Nissan Versa CVT transmission. Car randomly shakes and transmission slips/jerks. Randomly stopped responding to the acceleration pedal today and I believe it put itself on limp mode. There’s not a check engine light or anything. How can I get on this?
MY 2005 NISSAN ALTIMA IS HAVING ISSUES
My 2016 Nissan transmission is also having these same issues.. I parked it in fear it would leave me stranded let alone I still owe so much money on it. I can’t afford a new transmission on my car! Plus it’s three years old! It will not accelerate on hills past 40 mph and then the engine will shut off all together. Now the engine light is on. This has been a known problem and still has not been corrected. I can not afford to buy defected cars! And I should not have to!
How do you join the class action lawsuit? 2013 Nissan Altima, under 100K miles, transmission is shot.
My 2017 Nissan Altima’s transmission just went out at 61,000 miles and the warranty expires at 60,000. Not sure how Nissan is going to handle this but we shall see. Super stressed out. I thought buying a newer car would prevent these problems from happening so soon.
Mine went out at 62,000 miles. The dealer i took it to called nissan and they paid 85% of the cost. But this was the second car and second transmission
My wife’s 2016 Altima with 66,000 miles is going through the same issue with the cvt transmission. She had my kids in the car . Very unsafe. Nissan should be held accountable for their poorly manufactured transmissions, Recall the transmission or car.
I would support this too! My 2017 Altima transmission is garbage. Slips, jumps, jerks. The other day I put it into drive and it just shut off on me. My car is currently at the dealership and they are having trouble duplicating it. I know there’s a problem after reading into all these other comments on various sites. Thunder Bay Ontario.
i have a 2014 altima with 107,000KM, the transmission just went and the warranty expired at 100KM or at the 5 year mark which was March 10, 2019 (i took the car into the dealership today May 24th.
i escalated with Nissan and they said there is nothing they can do and the bill to replace it is $5,000.
this car is a lemon, 106KM and the transmission goes???? garbage, please help!!
i am located in Ontario Canada.
My son is also having an issue with his Nissan and we are in Kingston, Ontario. Wondering if there is a way to start a class action here?
I have a 2013 Altima with 127,000 KM on it and I’m faced with having to put in a THIRD transmission.
I would very much like to be included in the class action suit if there is one, please!
I have a 2013 Altima with 115000 miles and the CVT transmission just died.Repair is $3200 and the repair shop I am using Multistate says he has Nissans in every week.with the same problem. Please let me know about this lawsuit. What do I need to do to get in on this lawsuit?