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Nissan North America Inc. has reached a settlement with a group of consumers accusing the company of producing vehicles with defective transmissions and concealing the information from drivers.
Under the terms of the settlement, Nissan agreed to pay for repair costs for potentially tens of thousands of vehicles.
Specifically, the settlement resolves three putative class action lawsuits alleging that certain Nissan Pathfinder and Infiniti vehicles contain a defect in the continuously variable transmission (CVT) which can lead to transmission judder.
Under the settlement, for which the plaintiffs are seeking approval from a Florida federal court, all current or former owners or lessees of 2013-2014 model year Nissan Pathfinder and and Infiniti JX35/QX60 vehicles equipped with the FK0*k2 CVT will benefit from time and mileage durational limits for powertrain coverage under the applicable New Vehicle Limited Warranty to the extent it applies to the transmission assembly by 24 months or 24,000 miles, whichever occurs first.
It is important to note that this warranty extension does not apply to the Automatic Transmission Control Unit (ATCU) and related software, nor does it apply to any other powertrain components.
Nissan has also agreed to notify current owners and lessees of the Class vehicles of an ATCU software update that can set diagnostic trouble codes for detection of transmission judder.
Additionally, the Nissan settlement provides former owners of 2013-2014 model year Nissan Pathfinder and Infiniti JX35/QX60 vehicles VPP pricing for either a purchase or lease of a single eligible Nissan or Infiniti vehicle as long as the authorized VPP participant makes the purchase or lease before Mar. 15, 2018.
In order to qualify for VPP pricing, a settlement Class Member must have warranty records that reflect they owned a 2013-2014 model year Nissan Pathfinder or Infiniti JX35/QX60 vehicles equipped with the FK0*k2 CVT and had two or more CVT replacements or repairs to the transmission assembly, torque converter and/or valve body.
The settlement also stipulates that Nissan will cover plaintiffs’ counsel fees and expenses up to $3.75 million and incentive awards of $5,000 to each of the five Class representatives.
Pathfinder and Infiniti owners Kenai Batista, Andy Chance, Gerardo Torres, Angela Matlin, Boyong Park and Tung Nguyen filed the three putative class action lawsuits against Nissan, alleging that their vehicles were equipped with defective transmissions, causing sudden, unexpected shaking and violent jerking, commonly referred to as “juddering” or “shuddering” when a driver attempts to accelerate the vehicle.
“This transmission defect creates an unreasonably dangerous situation and increases the risk of crash; it is inevitable that an individual will be injured or killed due to a collision caused by this safety defect,” Batista’s lawsuit stated.
According to the plaintiffs, Nissan was at fault for not recalling the affected Pathfinder and Infiniti models, offering to repair the alleged transmission defect free of charge or offering to reimburse Nissan owners, despite the company’s knowledge of the problem.
The complaint also claimed that Nissan chose financial gain over the safety of their consumers by concealing knowledge of the alleged transmission defect and continuing to market the Pathfinder and Infiniti vehicles to customers.
The class action sought more than $5 million in damages, injunctive and declaratory relief, and punitive damages for its alleged deceptive and unfair trade practices, as well as alleged breach of express and implied warranties, violations of the Magnuson-Moss Warranty Act and Florida common law.
Nissan strongly denied and continues to deny all of the plaintiffs claims related to the alleged transmission defect in 2013-2014 model year Nissan Pathfinder and Infiniti JX35/QX60 vehicles, denies all allegations of wrongdoing, fault, liability, or damage of any kind to the settlement Class.
However, the automaker has concluded that the settlement is desirable to end further litigation.
The Class is represented by Cory Watson PC, Berger & Montague PC, Newsome Melton LLP, Weil Quaranta PA, and Capstone Law APC.
The Nissan Transmission Defect Class Action Lawsuit is Batista, et al. v. Nissan North America Inc., Case No. 1:14-cv-24728-CIV-SCOLA/OTAZO-REYEZ, in the U.S. District Court for the Southern District of Florida, Miami Division.
UPDATE: The Nissan transmission defect class action settlement is now open! Click here to see if you qualify.
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58 thoughts onNissan Agrees to Settle Pathfinder Transmission Defect Class Action
I have a 2013 nissan pathfinder that the cvt went out its going to cost 6700.00 to get it fixed when the car is only worth about 7200.00 I own the vehicle but can’t afford the price to get it fixed I think Nissan should pay for it if they are having that many problems.
I have a 2015 nissan pathfinder great almost new and today got the news that need transmission replacement i bough this car almost new at nissan with 37000.00 and now is 107,000.00 i took care of my car. maintain this car directly with nissan I feel that i have been robbed still owned this car two more years . in my experience i had other car older nd never a problem this huge i am sure this car has a defect and they need to pay their mistake
My transmission was replaced two times and the charged us like 1600.00 for the labor
Have a 2014 Nissan Pathfinder with 60,000 miles having transmission problems since august. Has been worked on and still having problems. Also makes a knocking noise when ideling.
I have a 2014 Nissan Parhfinder, super well cared for and great shape. Started it in the garage yesterday, put it into gear, heard a little noise and now the transmission won’t engage and the car will not move. This should not be happening at this age and I cannot afford to fix it financially or buy anything else which I need to be able to go to work. All this does is makes the little hard working guy go under with a family.
I too just started experiencing the exact same thing in my 2013 pf. Is there anything we can do?
Hello I was part of this settlement. Can someone please update me on what ever happened???? I stopped receiving information on what happened.
I have Nissan pathfinder and I am facing transmission issues. It starts shaking at low speed and at times too much jerks.
Please advise if this issue can be fixed by changing transmission oil ?
2014 Nissian pathfinder bought used at Mike Barney Nissian Amherst ny 59,000 miles went to drive off the lot and it started hopping like crazy in 2 wheel drive I told dealership I didn’t want it it’s a lemon they said I signed papers I had to keep it but it’s under warranty so they fixed it rebuilt the transmission picked up car a month later went to drive home check engine brought it back blown head gasket they fixed it now it continued to leak transmission fluid witch was not noticed because my drive way was already damaged from first repairs speed forward 6 months had to replace radiator and hoses out of my pocket 1200 not under warranty well my miles we’re getting close to 100,000 so I informed them that it still was leaking last October after I got inspected I made a appointment with them witch they called back and rescheduled well holidays were busy time for me so I called in February but got sick because of Carona virus and couldn’t come in shop well car was exactly at 100,000 miles in may I scheduled a appointment with dealership they purposely reschedule me following week witch put my car over the 100,000 mile warranty the following week they told me my vehicle was over warranty and it would cost me 2000 to fix it I wouldn’t pay them so I took it to personal macanic it’s a transfer case in transmission that should have been replaced when the transmission was rebuilt but the dealership failed to do so I just called Nissian explained my situation they told me they couldn’t help me that my car was only under warranty for 87,000 miles I asked well their was a recall and my car is under the 24000 miles extended warranty Nissian told me my particular vehicle isn’t under the recall well how do I get my pathfinder vin under the recall to get repaired I still have 1000 miles left at this point
2013-2014 Pathfinder extended warranty to 84k miles or up to 7 years of purchase. Whatever comes first. If you are near that mileage, DON’T DRIVE THE CAR. You are in for a bad experience with NISSAN. I’ve been claiming a repair for 18 months… and got nothing.
Got a 2014 brand new Nissan, during these years had different issues. The AC was failing. Then after 90K miles the transmission issue appeared. I won’t buy a Nissan ever again.
Your story is bull CVT has no oil so it couldn’t have sprung a leak!
It has transmission fluid and they go bad this will be my 3rd one in less that 7 years
My 2013 Nissan Pathfinder is needing a new transmission. Is there someone I can talk to about this?
I have a 2014 pathfinder 114k miles and my engine went out last week!
I have a 2013 Nissan Pathfinder that started shuttering and shaking for about a month now. After taking it to 3 different places to confirm, I’m now forced to get a new transmission. Is this case still going on? Is it possible to still get reimbursed? Who can I call? I called one law firm that advertised they can help but they’re no longer taking these cases. I would appreciate any help I can get.