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
So far so good. I have a 2013 Altima S with 142 thousand miles on it..it works like a charm so far.I will keep my eye out for problems as many have described.Hope nothing happens.
I have a 2013 Altima 3.5 it also has the shaking problem just waiting for it to fail
I have 2009 Nissan Altima 2.5s sedan with same issues. It shakes constantly.
I drove a used 2011 Altima for less than two years and the CVT transmission failed at roughly 142,000 miles.
Pls. Add me to this class action suit.
We have a 2012 altima shake jerks and now won’t move
I own 2013 Altima SV and my transmission failed with 8,000 miles. New car, their replacement for warranty but that’s was an issue.
I have a 2013 Nissan Altima S and I have the same issues with the transmission. I was told there was nothing they can do about it but to replace it, but it was going to cost me thousands of dollars in which I don’t have. Please add me to this Class Action.
I had to trade in my 2013 Altima 3.5 in February 2018 because while I was driving home at 2am in 35 degree weather my transmission failed. I’m no having to pay a 6 year note on a new Altima.
When I asked the dealership about the transmission defects, I was told they had fixed it. Every time I took my vehicle in for the shaking, the mechanics said they could never find anything wrong with my car. I want in on this class action.
I have an 05 Altima experiencing the same random vibration or shaking in the front end.
05’s didn’t have a CVT, I can only imagine how many miles you have in 14 years though..
Typo I meant to say please add me to this class action not (civil action)