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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
2010 nissan altima 2.5s transmission went out 112,000
Same thing is happening to me! I have a 2013 Nissan Altima, about two weeks ago my car would sputter and jerk. When I would be at a red light or a stop sign and try to push on the gas petal it would shut off. I took it to the shop and they said that my transmission is destroyed. It has 65,000 miles on it and I’m now going back and forth with the regional rep. All I know is it better get fixed!! This is insane that they are aloud to be selling infected cars.
I feel your pain. I have a 2013 pathfinder and my transmission has been replaced 3x and they won’t re-purchase or allow me to get trade it off for a new one. I am going to contact an attorney
I am having the same issue now and this is my second replacement. Did they make you pay anything when they replaced your transmission?
What was the outcome? We’re going round and round with Nissan now. 2014 Altima 65k miles.. same thing. Nissan isn’t willing to do anything! Something should be done about this!!
I have 2013 Altima 2.5s (its not just the V6), that I purchased at the end of August 2015 and after the 15,000 miles I put on it the transmission goes out just under 72,000 miles.
This is crazy! My car has been sitting in a parking spot since November 2016, because I don’t have an extra 5 grand for a transmission. In the meantime, I have to make my payments and pay full coverage insurance on a vehicle that’s not moving. Not to mention I have to drive a piece of crap 2004 Nissan that I’m sure is going to be the death of me on the highway.
Nissan of course declined my claim since it was over 60,000 miles and from what I understand all they are replacing these defective transmissions with is a refurbished old transmissions. So after 5 grand I get the same faulty transmission that’s used but of course refurbished “BY NISSAN”! REALLY…. Then you only get a 1 year 12,000 mile warranty on the used refurbished transmission. THIS IS INSANE……. especially since they already new of the problem way before they built these cars. DON’T BUY NISSAN!
I think the gigantic new/used dealer (NOT A NISSAN DEALER), I bought this car from should also be held accountable in some way. They knew of the Nissan transmission issue and sold it to me without disclosing the issues with Nissan’s transmissions. All legal I’m sure but should it be?
What is the most recent on this?
Thank u thank u thank u. After this I am Never buying ANY Nissan again. After all of my research, I have learned that Nissan has a close relationship with Renault. I remember Renault back in the 80’s and they were garbage. I just learned that Renault bought Mitusbishi so I will not be buying one of those cars either. It’s like Renault is a cancer or something and they’ve infected Nissan with it!!
This is great news for Pathfinder owners but will anything be done for 2013 Nissan Altima – V6 owners who have the same transmission and powertrain as the 2013 Pathfinder? We are also suffering from shudder issues and transmission failures also. If you look at many of the TSB’s they apply to the Altima – V6 and the Pathfinder.
I understand that there has been recall on radiator and transmissions for 2007 pathfinder I would like more information if u can supply it
You should contact Nissan directly with any questions about recalls. Good Luck!
I purchased a 2013 Pathfinder 7/2015 and this week (10/18/16) I had to take it to the dealer due to transmission issues. I was informed by the dealership that the transmission was just replaced 7/2015 (right before I purchased) and here I am having it replaced again??? How can I get more information about this class action? I nearly rear ended a car last week because my car wouldn’t stop!
The settlement has not yet received preliminary approval from the court. Hopefully it will shortly, and a settlement website will become available. Once the settlement is granted preliminary approval, the settlement does not go into effect until it receives final approval from the court and any appeals filed are exhausted. Please keep checking Top Class Actions for updates. We will let our viewers know as soon as the settlement website is available.
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Is there a further update on this since October?
Michelle, just curious why u blight a used pathfinder especially when reliability is documented everywhere showing how unreliable they are??
Bought not “blight”
Ford Dct is next! Beware Fiesta/Focus owners!
I recently (last month) had to have a new transmission put in my car because when I shifted out of park and into drive, there was a long pause and the car revved the engine as I gave it gas, but it was not moving forward as it should have. After continuing to step on the gas, the car began to move very slowly, then suddenly it would jerk forward and begin driving. Also, please note my car is a 2007 Nisson Maxima, with only 52,000 miles. My husband bought it for me in 2007 just before he passed away and being partially disabled I don’t drive that much. After contacting the Nisson dealer to inquire as to any recalls for this problem and informed that there were none, I took the car to AAMCO who informed me that it was the transmission. within a few days they changed the transmission, and now here two months later I am having the same problem. I have not yet contacted AAMCO yet, but will within this week. How are things like this handled?