Nissan To Settle Infiniti InTouch False Advertising Class Action

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Nissan North America Inc. has 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.

According to court documents filed last week in California federal court, Nissan will provide benefits to approximately 52,000 owners and lessees of 2014 Nissan Infiniti Q50 vehicles.

The Infiniti InTouch class action settlement allows eligible Class Members to claim $30 in cash (plus an additional $55 payment if they affirm in a statement that they downloaded the Infiniti iTouch app before April 17) or a $500 voucher that can be used toward the purchase of a new Infiniti vehicle before March 2019.

The Infiniti class action lawsuit alleges the InTouch infotainment system in 2014 Infiniti Q50 vehicles did not perform as advertised. The plaintiffs claim that the InTouch system failed to access email, sync calendar information, or connect to apps like Pandora or iHeart Radio even though Nissan’s advertisements suggested the infotainment system had these capabilities.

According to the Infiniti InTouch class action lawsuit, Nissan began promoting the InTouch infotainment system in the summer of 2013, touting the system’s alleged ability to connect with many popular apps. However, the plaintiffs claim that many of these features did not become available on the InTouch system until much later. For example, the Facebook check-in functionality did not work until September 2014, and even then, many other Facebook features did not work on the InTouch system, the plaintiffs allege.

In December, the plaintiffs filed a motion seeking certification of the Infiniti InTouch class action lawsuit, and in February, U.S. District Judge Andre Birotte Jr. indicated he would likely grant the plaintiffs’ motion. However, the Class certification motion was denied after the judge agreed with Nissan that consumers who bought or leased the Infiniti vehicles may not have done so because of the InTouch system and that therefore individual issues predominate over Class-wide issues.

The parties participated in a settlement conference on Feb. 21, 2017 and agreed to settle the Infiniti InTouch class action lawsuit.

“The Parties believe this is a fair, reasonable, and adequate Agreement and have arrived at this Agreement through arm’s-length negotiations, taking into account all relevant factors, both present and potential,” the Infiniti class action settlement documents state.

Nissan denies the allegations but agreed to settle the Infiniti InTouch class action lawsuit to avoid the burden, expense and uncertainty associated with continued litigation.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the green “Follow Article” button at the top of the post.

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 S. Hurst of Monteleone & McCory LLP.

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

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