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 have 2005 Altima and everything was working wonders!! Now dealing with very similar/same issues!!!!
I have a 2012 Altima & I had to replace my cvt due to slippage how can I get in the class action
I have two Nissans with the CVT transmission and the thought of failure scares the crap out of me. Hope they somehow get recalled, although it might put them under.
My 2013 Altima SL, transmission is beginning to slip and fail on me. I am scared to drive it ANYWHERE because of this. It has 97,000 miles on it. Can I get added to this?
I have a 13 Altima SL. Transfer is slipping. Please add me to class action
I am dealing with this right now. I have a 14 Nissan Rogue S. My daughter and I were stranded in California this last weekend. On her birthday :( . Thank God it happen in a safe place, My family had to come tow us home to AZ. The car wouldnt go into gear. Just rolled forward. It had shaking in the past when I would stop at a light . Took it in to get checked months ago and mechanic couldnt diagnose the problem.
I have a 2011 Altima and mine shakes all the time when initially accelerating. It has done this for quite some time, even after having it serviced and checked out. The techs advise me it is due to the nature of it being a “CVT” and that it is normal. I feel as though it is a ticking time bomb. Please add me to the class action!
I have a Altima 13, and has been diagnosed by Nissan dealership that the transmission is going to fail some time in the future. Please add me to the class action.
is there any way that I can get in on this? I purchased a 2017 with 50,000 miles on it and the transmission failed after I had it for Less Than 3 months. It was still under warranty so I had it replaced but at this point I don’t even want it anymore.
I just had the 2013 Altima’s transmission completely fail with 87,000 miles. I was out in the dark about 40 miles from home when it started slipping. I was afraid I wouldn’t make it home without being in some kind of accident on the road. I had to pay for the full amount of $3,600. with no assistance from Nissan even though I had the transmission checked a couple times at Nissan dealerships. I was in a dangerous situation on the road with no warning this CVT transmission would fail like this. I think it is unsafe to drive a car with this transmission.
I bought a 2013 Altima in April 2013. I had the car checked over and over do to it’s stalling in traffic at stop signs and traffic signals. It was under warranty but they could never find a reason or get it to do it when “they” had it in to check it. So it has never been fixed. I’ve had it for 5 years and have about 170k miles on it. It still has the issue but after having it “checked” so many times I just gave up. It has done this since I bout it new and still scares me. I never know when it will happen. I’ve been so fortunate not to have been involved in an accident. Hopefully my luck will continue. I hate being scared Everytime I pull out into traffic. You never know when it might happen.