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 h as ve a 2012 Altima when driving for a trip to Flagstaff the transmission feels like it just went out I give it gas az nd it feels like it’s in neutral I pull over to the side of the freeway let it cool down for a half hour I restart it ag as in and it runs fine till it does the same thing I dont take it on long trips any more this started at 68,000 K add me to this list thank you David Buruato
Same issues we have a 2010 Nissan Altima coupe bad transmission. Nissan wanted to charge me 7k to change or offered to sell me a new Altima lol doubt it.
We have an 08 Altima, the 4-cylinder with the CVT. we haven’t had any problems at all with it. in fact, it’s been a great car.
I had the same issue with the 2013 Altima that I had. Nissan wouldn’t do anything about it. I took it to them 5-7 times. Finally I was forced to trade it in and lose out on all the money I paid towards it before I was out of warranty and the transmission failed.
I have a 2010 Altima and had to replace the transmission at 130,000 miles. I’d love to be added to the class action suit.
I have a 2012 Nissan Altima that will not idle past 45 miles per hour when going up hill. This is very dangerous since this usually only happens when on long trips where the highway speed limit is 70 miles per hour. I will have to pull over to the side of the road and wait until the transmission cools down. Please add me to this class action.
I have a 2007 Nissan Altima that’s been having the same problems and I’ve been in situations were it almost cost me and my child’s life i feel like the defective cv transmission was installed on purpose because when I did some research online and found out that this is very common with Nissan vehicles and they are aware of the issues with these types of transmissions and still sale them and still refuse to replace them please add me to the class action lawsuit and/or assist me in the right direction thank you in advance
I would like to be added the class action lawsuit. I also have a 2014 Nissan Altima that has been to several place to be checked because the engine light keeps coming on. Nobody seems to be able to give me a reason why. When the car is in idle as soon as i put it in drive it will cut off, but will start back up, it studder all the time while driving like it wants to cut off. This is not safe, you could be driving at a high speed and the car decides it wants to cut off. Nissan needs to do a recall on these models . I dont EVER want another Bissan again in life.
I have a 2015 altima she shake and shutter vibration is almost unbearable at times.. 45k on the odometer wonder how much longer it goes!
My 2015 Nissan Altima with 84000 miles transmission failed and had to be replaced and I had to take the vehicle back twice for issues since the replacent.