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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
I brought my 2010 Nissan Altima to Team Nissan, Manchester NH with CVT transmission problems, they stated that it needed replaced. I paid them $3499.00 for a re manufactured transmission. That transmission lasted 20k miles and started slipping. I brought it to a Nissan dealership and they told me it was junk and needed replaced. I called Team Nissan, they stated it was out of warranty and nothing they would do, told me to call Nissan North America, I called them they took all of my info including VIN #, and told me there was nothing they would do for me. I will NEVER buy another Nissan.
Please add me
Shirley garcia i have a 2016 nissan sentra having problem been having this problem scine i bought in 2017
I brought my 2010 Nissan Altima to Team Nissan Manchester NH with CVT transmission problems, they stated that it needed replaced. I paid them $3499.00 for a re manufactured transmission. That transmission lasted 20k miles and started slipping. I brought it to a Nissan dealership and they told me it was junk and needed replaced. I called Team Nissan, they stated it was out of warranty and nothing they would do, told me to call Nissan North America, I called them they took all of my info including VIN #, and told me there was nothing they would do for me. I will NEVER buy another Nissan.
Add me to the class action list
I bought a 2017 nissan altima.drove it for 8 months and the transmission started slipping while i was driving causing the car to speed up then slow down.And it even stalled while a transfer truck was coming.I barely made it out the way.
2017 Altima cvt transmission went out two days ago. Live in the country and have no vehicle nor money to get this towed to a dealership to “diagnose”. How can I be added to lawsuit?
Puedes mandar esta información en español por favor, tengo un Nissan altima2017 y desde que lo compre nuevo ha pasado por muchos problemas, ruido en la breka o al frenar le cambiaron muy pronto la bateria y algunas otras cosas que he tenido que llevar a reparar y si la garantía lo cubre pero en este ultimo año ha sido como 3 veces que el escape lo han cambiado y sigue haciendo un ruido muy feo y no queda bien ahora pienzo que el carro tiembla mas que antes y la verdad temo por la seguridad ya que no se si esto es peligroso o no ellos se reusan a prestar un carro aunque dure algunos dias el carro en el taller el Abril 2019 supe que varias personas tenian el mismo problema y que tal vez arian una demanda colectiva si es que pudiera darme información que es lo que puedo hacer ya que para abril tendre 3 años con mi carro que solo tiene 32000 millas
I have a 2012 Nissan Altima that does exactly the same thing. When i bought it, it drove very smooth and wss a pleasure to drive now it bucks and shimmies at 60 and above and somties at even lower speeds and sometimes threatens to stall going down the road. Why was the 2012 model not included in the class action suit? I have seen over a hundred complaints of the same nature including transmissions having to be replaced regarding the 2012. We need help too. Please!
I completely agree with you. I have a 2012 that’s been sitting for 5 months Bc I can’t afford to buy a transmission right now, that’s not right they aren’t including 2012, when we are having the same exact problems. It’s bullish**
I have a 2012 Nissan Altima and my transmission is doing the same as others are describing..Please send me info on how to join this class action suit.
Thanks
i have a 2012 Nissan Altima as well i need to join this suit
I have 2012 that’s doing same thing and has been sitting for 5 months. It sucks they only want to do 2013 and up when 2012 should be included.
I had the same problem with my 2012 Nissan Altima CVT transmission. I need to replace it now. Are there any class actions involving the 2012 out there? I see there is one for 2013-17 but I am not sure if my 2012 would be considered under that one?
I bought a 2014 Nissan Altima in April 2015 from Maguire Nissan in Ithaca, NY. The vehicle started shaking or vibrating when it was 10k miles when accelerated around 1500 RPM to 2000 RPM. After taking it to dealer multiple times (in 2016, 2018) it was not fixed. The dealer mentioned it was a driving thing as car adapts to drivers way of driving. But what I noticed is that mostly in winter (cold times) this issue is happening where car shakes or vibrates a lot and gives unpleasant driving experience. Currently my car mileage is at 39K and I observed that vehicle started losing speed while driving on the highway and started vibrating or shaking more even at 70 speed when I put it in cruise mode (as the RPM is set automatically to 1900 for that speed to maintain). I would have not purchased this car if I know there are several transmission issues with Nissan cars. I am worried or afraid after seeing several reviews or comments of Nissan car owners mentioning their car got stalled in traffic or highways as it is a safety hazard. I wanted to go again to dealer after knowing all these issues to see what the dealer says about my car vibration. Please keep me in the lawsuit or send me if any updates on lawsuit. Thanks