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
Please add me to the class action, I have had the same problems as others Nissan owners have, I am a mechanic, @ a shop, many nissans cone in with the same problem, I am glad to see it will be address,I will not EVER BUY another nissan, had to replace the shift lock assembly gear 578.00 + labor & 3,500 on a new transmission, please contact me to add me thanks …..
I too have a 2014 Altima, and there are times I’m stopped at a light/stop and then try to accelerate and the car won’t budge,and there are times it won’t even go over a speed bump.
I just purchased a 2014 Altima for my no issues this far. I bought a warranty, but sounds like problems await. Add me to the lawsuit.
I have a 2012 Altima with only 84,000 miles and the transmission started its whinning about 79,000 miles. So just recently the car starts to not shift and I took it to a mechanic and he tells me he had quit a few of the 2012 come in because of the CVT it’s poor and doesn’t know why they even put them in these cars. I go to look at reviews and there it almost everything about the 2012 are bad.
I have 2009 Nissan Altima 2.5s sedan with same issues. It shakes constantly.
SIGN ME UP FOR THIS!!
My 2014 Altima transmission failed at 58,000 miles just outside of the 5 year/ 60,000 warranty (purchased Oct 2013 failed Nov 28 2019). Earlier on the AC compressor failed just outside of the 3 year/ 36,000 warranty @ 21,000 miles. I spent $2,100 and dropped a used transmission in it, needless to say I traded it in the following weekend for a ’19 Sonata. I will never buy another Nissan product again!
Please add me to the the civil action as well. I have a 2009 Altima got it used in 2011. I’m at a 146,00 miles I have be having shackingness with the car. I have several repairs in the last couple of years. Now I need a catalytic converter. I’ve put more money that what it’s worth in the car.
I would like to know about the shifter locking up not able to put in gear. Most all Latinas do this at one time or another.
Most of you people dont even know what a CVT is, how it works, or what model years were effected. 2013-15 are different than 2012s and older, and 2016s and newer. I sold Nissan for 6 years, my family has had quite a few Altimas, we’ve never had a problem. Nissans CVT were updated 13-15 to shift differently because customers hated not feeling “a shift.” Those years they make deep, gutteral noises when adjusting around 0-40, and climbing steep hills. They have proven better than autos, so if you dont like it, go get a garbage 8-speed auto that gear hunts 24/7. BTW V6’s would definitely not be part of this, if it moves forward.
I have a 2011 Altima, which the transmission would fail to move while drivin in D.C. traffic. This is very dangerous, because there is no warning. It cost thousands of dollars to replace. Only for the new to fail a month later.