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
So, what is the next step on this issue?? I have a 2013 Nissan Rogue. Should we call the dealership?
I just bought a 2016 Nissan Rouge and thought I did all my research only to find out this late after I purchased the vehicle how can I protect myself I just turned 40,000
I bought a 2006 Nissan Frontier from Roseville auto mall in Sacramento. The vehicle started losing speed while driving on the highway. I took the vehicle in for inspection and was told it was transmission & coolant contamination. When I returned to have the transmission rechecked, they claim that the visit wasn’t in the computer system. I wasn’t even notified concerning a lawsuit on this particular vehicle. Anyways I’ve spent around $5,100 for transmission & radiator repairs.
I HAVE A 2010 NISSAN ALTIMA V6 MY MOTHER ENDLAW GIVE THAT AS A GIFT FOR MY DAUGTHER THE TRANSMISSION FAIL I SPEND 4000 DOLLARS TO REPLACED A NEW TRANSMISSION (CVT) WHEN I READ THE NEWS HOW COME THEY ONLY SAID IN THE ARTCLE THAT THOSE PEOPLE WHO OWN THE 2013 TO 2016 CAN RECEIVED THE 1000 VOUCHER WHY IS LIKE THAT IT SHOULD BE ALL PEOPLE WHO OWN THE ATLIMA THAT HAVE CVT TRANSMISSION BECAUSE THATS THE ISSUE HERE .I AM HOPING THAT THE JUDGE ALSO LOOK INTO IT
Just purchased a 2010 Nissan Altima (before i knew about this issue) The entire car is shaking and the transmission is starting to slip at just under 80,000 miles.
Hi don’t know what a Altima is but I have a manual qashqai here in the uk and the clutch judders in 1st and 2nd took it to Nissan and they said there was nothing there so went to a independent clutch centre and they said it was the fly wheel replaced it with Nissan part and no judder until a year later and the judder is back. There are a lot of drivers in the UK with the same problems so I think Nissan have a big problems world wide
Please add me to this immediately, I have a 2009 Nissan Altima 2.5s and need help..
Thank you,
Lori
2003 Altima V6 SE (Canadain). I Purchased mine Brand New and the transmission failed after just 125K! I paid $2000 to have it repaired, I have my original purchased receipt and my repair invoice.
2016 Altima sr starting to have issues also. Sign me up
My 2012 Nissan Altima 2.5S was purchased Brand New from Hudson Nissan in N. Chas, SC. I was going out of town 2 weeks ago & my car stopped accelerating as I was going up a strep hill in Columbia, SC . I had my metal completely to the floor & my car steadily decreased in speed on I-26. I had to try to get in the right lane quickly so I wouldn’t get run off the road by the large tractor trailers. I drive several miles until I found a rest stop. I said a prayer & got bank on the road to try to make it to my cousin’s house. I am interested in being a part of a class action lawsuit, so my car can get repaired.
I have a 2009 Nissan Altima a bit under reaching 100.000 miles. at 80.000 miles I had the transmission serviced as stated in the owners manual. I have kept my car with proper service when needed they say if you keep up with your oil changes and service your car it would last longer than a car that was not properly serviced .Well My grandson and I were making a trip to visit my father for the day it was a 2 hour drive I had been on the road for about 50 min. on the freeway suddenly my car started dropping its speed I was coming up an uphill and as I accelerated for speed my car would not speed up but only allowed me to drive at 40 miles on the freeway and going uphill at that I noticed when I pressed the peddle to try and accelerate the engine did not rev up but only stood at the speed of 40 miles it was mid afternoon traffic was steady for it being a weekend soon as I reached the 1st exit I pulled over turned off the vehicle was undecided if It would be safe for my grandson and I to wait for a tow truck, the location we were at it was open field. 20 min. later I decided to see if I could make it back to one exit further where there would be better lighting and a restaurant to wait for the tow truck. That short drive back to the exit? The car drove as if nothing was wrong with it. I did not want to take a chance in driving it back home so I had it towed. The car is not a reliable car with a serious issue like this and not only myself but to many other Nissan owners, You once had a good reputation that is why I chose to purchase my Nissan, it’s not only unreliable but it is not safe especially on the freeway at the speed of 65 70 miles. My father is 91 years old and I live 2 hrs away and I can not take a safe trip knowing that I dont know if I would make it to see him with this car and the problem I and others as well are having. I’m a single parent it’s not easy just to go out and take it the dealership for repair or buy another right from the lot and no longer having a warranty? I feel Nissan should take the responsibility for these defected parts on our vehicles and have our vehicles repaired! own up to your responsibility and the reputation you once had reliability to your manufactured cars.