Infiniti Drivers Seek Certification of InTouch Class Action

Plaintiffs in a class action lawsuit accusing Nissan North America Inc. of misleading Infiniti buyers about the capabilities of the InTouch entertainment system have asked a California federal judge to certify classes of consumers who purchased or leased a 2014 Infiniti Q50 in California or Nevada.

The Infiniti class action lawsuit alleges Nissan engaged in a marketing campaign that touted the InTouch “infotainment” system as the best available technology in the industry.

Nissan allegedly promised consumers that the InTouch system would allow them to use mobile phone apps such as Pandora, Google Search, Facebook and iHeartRadio, access their calendars and have their emails read out loud.

However, the Infiniti Q50’s InTouch infotainment system did not perform as promised, plaintiffs Joshua Rafofsky and Joshua Iron Wing allege in the Infiniti class action lawsuit. Nissan reportedly began selling the Infiniti Q50 with the InTouch system in August 2013.

“As of this filing, the InTouch System remains incapable of accessing Pandora and iHeartRadio,” the plaintiffs state in their motion seeking certification of the Infiniti class action lawsuit. “Nissan concedes that these popular audio apps will never be viewable and accessible.”

The plaintiffs state that some features, such as the Google Search app and the calendar features, became functional in September 2014.

Nissan knew that the InTouch system was an important draw for prospective car buyers who desired advanced technology and connectivity in their vehicles, according to the Infiniti class action lawsuit. Therefore, they seized on the opportunity to set the Infiniti Q50 above its competitors by overstating the functionality of the InTouch system, the plaintiffs allege.

Rafofsky and Wing claim that Nissan extensively marketed the functionality of the InTouch system, and began promoting the product about eight months before the Q50 was available for sale in the United States.

One advertisement reportedly displayed icons for Facebook, Google, iHeartRadio, Pandora, and Nissan’s InTouch App. This ad promised: “The apps that are essential to your digital life are now available inside your vehicle. Infiniti’s revolutionary dual-touchscreen infotainment system gives you everything from Facebook updates to the music you love,” the Nissan class action lawsuit states.

According to the Infiniti InTouch class action lawsuit, the losses suffered by consumers who purchased or leased the Infiniti Q50 are estimated to be more than $1,000 per vehicle. However, Nissan has reportedly refused to reimburse Class Members for these losses.

The plaintiffs have asserted claims under California’s Unfair Competition Law and the Consumer Legal Remedies Act; the Nevada Deceptive Trade Practices Act; and breach of express warranty.

A hearing on the matter has reportedly been scheduled to take place on Jan. 23, 2017.

The plaintiffs are represented by Timothy Blood, Thomas O’Reardon and Paula Brown of Blood Hurst O’Reardon LLP, Ben Barnow and Erich Schork of Barnow & Associates PC and Jeffrey Hurst of Monteleone & McCory LLP.

The Infiniti InTouch Class Action Lawsuit is Rafofsky v. Nissan North America Inc., Case No. 2:15-cv-01848, in the U.S. District Court for the Central District of California.

UPDATE: On Feb. 6, 2017, Nissan Infiniti owners got one step closer towards Class certification in a lawsuit alleging their InTouch infotainment systems did not perform as advertised. A U.S. District Judge heard oral arguments from both parties and noted he was inclined to certify the class action lawsuit.

UPDATE 2: On April 19, 2017, Nissan North America reportedly agreed to settle a class action lawsuit alleging it used false advertising to promote the InTouch infotainment system included in certain Infiniti Q50 vehicles.

UPDATE 3: The Nissan Infiniti Q50 InTouch Class Action Settlement is now open. Click here to file a claim.