Anne Bucher  |  September 14, 2017

Category: Consumer News

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Nissan class action lawsuitOn Monday, Nissan North America Inc. was hit with a class action lawsuit alleging it failed to disclose that some of its Nissan Sentra vehicles contain a defect that can cause premature transmission failure.

Plaintiff Waldo Leyva filed the Nissan class action lawsuit on behalf of himself and a proposed Class of U.S. consumers who purchased or leased any 2012 through 2017 Nissan Sentra with an Xtronic Continuously Variable Transmission (CVT).

According to the Nissan Sentra class action lawsuit, the CVT is prone to premature failure. Leyva asserts that the CVT’s cooling system is designed in such a way that makes the transmission unreasonably sensitive to heat and prone to overheating.

When the transmission overheats, it may activate the “Fail-Safe Mode,” which may reduce the engine’s performance and cause drivers to experience shudders, vibrations, or catastrophic transmission failure, Leyva says.

Nissan also failed to disclose to consumers that the Nissan Sentra vehicles were equipped with a cooling system that is too small to effectively cool the transmission, the Nissan class action lawsuit says. These cooling systems are allegedly prone to malfunctions and premature wear that may cause drivers to experience loss of power or stalling unexpectedly while driving.

Leyva claims Nissan was aware of the Sentra transmission defect since at least 2013, if not earlier, and that the vehicles’ transmissions would require frequent repair. Despite this awareness, Nissan continued to install the allegedly defective CVT and inadequate cooling system, the Nissan class action lawsuit claims.

“Moreover, Nissan not only refused to disclose the problem to consumers, but it also actively concealed, and continued to conceal, its knowledge concerning the defective cooling system and prematurely wearing CVT,” the Nissan Sentra transmission defect class action states.

Transmission malfunctions can create dangerous situations, such as impairing a driver’s ability to control a vehicle and increasing the risk of collision, Leyva claims in the class action lawsuit. He says he would not have purchased a 2015 Nissan Sentra, or he would have paid less for the vehicle, if he had known about the Sentra transmission defect.

The Nissan class action lawsuit points to numerous complaints that have allegedly been filed with the National Highway Traffic Safety Administration and online about the Nissan Sentra transmission defect. Many of the complaints involved issues such as slow acceleration, stalling, clunking noises, and loss of control of the vehicle while driving.

In addition to a nationwide Class, Levya also seeks to represent subclasses of consumers who reside in California and/or who purchased and/or leased their Class Vehicles in California.

The Nissan class action lawsuit asserts claims for violation of California’s Consumers Legal Remedies Act, breach of implied warranty pursuant to the Song-Beverly Consumer Warranty Act, breach of implied warranty under the Magnuson-Moss Warranty Act, and unjust enrichment.

Leyva is represented by Jordan L. Lurie, Tarek H. Zohdy, Cody R. Padgett, and Karen L. Wallace of Capstone Law APC.

The Nissan Sentra Transmission Defect Class Action Lawsuit is Waldo Leyva v. Nissan North America Inc., Case No. 2:17-cv-06682, in the U.S. District Court for the Central District of California.

UPDATE: On Jan. 12, 2018, Nissan sought dismissal of several claims from a class action alleging transmission defects in certain model years of Nissan Sentra vehicles.

UPDATE 2: The case Waldo Leyva v. Nissan North America Inc., Case No. 2:17-cv-06682 was dismissed on April 20, 2018.  The plaintiff joined a similar case, Falk, et al. v. Nissan North America Inc., Case No. 4:17-­cv­-04871, in the U.S. District Court for the Northern District of California, which is still pending.

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215 thoughts onNissan Class Action Alleges Sentra Transmission Defect

  1. Melissa Parker says:

    I am paying for a 2015 nissan sentra i had it for about 2 years when i first got it i had problems with the air flow madd sensor and now it just jerkkef to a hault and wont go they told me the sensors to the transmission went out and its gonna cost 2000 dollar’s or more to fix i still owe 9000 dollars so im making payments on a car i can’t even drive what can i do. Can someone help me plz

    1. Harold S Redfern says:

      We purchase a 2015 Nissan Sentra Sr one year ago transmission is giving problems had fluid change twice at $150 a pop still owe $7,000 on and I think Nissan should fix all the transmissions in these cars and you can add us to your class action lawsuit because something should be done

  2. Kimmie’s SentraNightmare says:

    I purchased a 2015 Nissan Sentra SR used with 6,000 miles on it in March 2017. I have had numerous issues with my car. There’s definitely a short somewhere in the electrical wiring as I’ve had to replace the battery more than 15 times. I have had to replace the compressor twice, and transmission 2 x in 1 year. All this was covered under warranty, thankfully. My car currently has 51,000 miles on it and just got it out of the dealership/service today for that second transmission replacement.
    I can turn my steering wheel one way or another and it changes the music from SiriusXM to my iPod without touching anything. So many idiosyncrasies that I’ve grown used to because I know my car.
    Am going to try and get a buy back with Nissan because I’ve definitely got a lemon.

  3. Ken Anderson says:

    I purchased a 2016 Nissan Sentra from a used car dealer. Drove the car 4,000 miles and the transmission started losing power, RPM up and down.
    Went to the Nissan Dealer and they blamed the problem on a dent in the transmission oil pan.
    I did not put the dent in the pan. Not sure how they say the dent is causing the problem, especially after reading all these comments and Nissan know what the problem is. I really feel they should fix the problem.

  4. Susan Hendrix says:

    Purchased a 2013 Nissan Sentra new off lot. Only 60,000 miles transmission went out. So pissed it will cost me plenty. I can’t understand why the manufacture most likely do nothing. Even spent extra money for an extended warranty. Unreal!!!

  5. Kaylir says:

    What about the Nissan Versa? They have transmission issues as well.

  6. Amy Loeffelholz says:

    Bought 2013 Sentra in Feb. It’s now oct. And having cvt problems. Not happy!

  7. Shannon says:

    Buy used 2017 Nissan Sentra had it for 6 months transmission went out before I was able to have it towed CHP impounded …my finance company said not worth getting…but i still have to pay $12,000 loan and I have no car ..NEVER BUY NISSAN!!!!!

  8. Shaun says:

    My wife came home with a new nissan sentra in 2013. She was so proud. She had just graduated from college and rewarded her self with a new car. My wife and i never drove each others vehichles unless we where on a trip and we took turns driving. Well the first time i drove her car. I could tell that the tranmission had some weird shift points. Some shifts where long almost like the transmission was having problems locating the next gear. I was afraid to say something to her because she bought the car without me and it would have caused problems between us. My wifes first reaction would have been your just mad because i bought this car without you. I didnt want to go there. Well after a few years she came to me and ask me to drive her car because she felt something weird was happening. This was at about 40,000 miles i drove it. I noticed the car was jerking and acclerating funny. Sometimes it would take off smooth and other times it would hesitate or lag and then power would come on all the sudden and the car would take off like you had punched gas pedal. Very dangerous when pulling out into traffic. Also it was still acting like it was searching for the next gear. So i told her to take it dealer and have them to check it out. Well with no check engine light showing they claimed the car was fine. So they blew her off. Well she continued to drive the car past 60,000 miles. Well at 61,000 we had the fluids changed. The car continued to have its issues. Still no check engine light no warning of any kind that the transmission needed to be serviced. Now the cars transmission is slipping and not able to find second gear or sometimes 3rd gear. Rpms rising while car has no exceleration. We contact the dealer. The dealer tells me yes there is a problem but your car is out of warranty. I told him we had been complaing about this car way before the transmission started slipping. He says there was nothing they could do because the car was not showing a check engine light. I said thats another problem you guys needed to figure out. Its not my fault that the transmission and computer are not comminicating. My wife has neen complaining about this car. You guys need to figure out something. Well he tells me that nissan was in court as we speak and most likely they would lose and a recall would go into effect. Well while where waiting for the class action law sute to go through where racking up miles on the car because she has to work and the kids had to be taken to school. We get a letter in the mail stating the class action law sute went through. But if your car has over 84,000 miles its past the exstended warranty. Now where at 96,000. Now they tell me they want to run a diagnostics on the transmission. Why its still not showing a check engine light. He says where going to update your transmission. That way it will kick out the codes we need in order to know whats going on with the transmission. I couldnt believe what he just said. All this time he could have done this. This is bad. I felt so angry. He could have done this 20,000 miles ago. My wife has been putting my kids and her life in danger all this time. Because we didnt have the money to fix the transmission. She had just paid the car off. Now where stuck with a car with a bad transmission that we now got to get fix. Because nissan didnt want to recall on all the pieces of shit cvt transmissions. I hope this is a warning to all. Not to buy nissan at all. Not the same company. The sad thing is the extended warranty was a bunch of bull crapp. It should have been a recall.

  9. Sarah says:

    I have a 2015 Nissan Sentra SR that I got in 2018. Few short months of driving before I started to realize how messed up it was. I’m not very knowledgeable with cars so when I would take it to for the oil changes I would try to explain what was going on and they always brushed it off and I foolishly didn’t take it anywhere else to get checked. One day on my way home from work it stopped in the middle of Atl traffic and had to be towed. I’m now being told that the majority of Nissan owners are needing a replacement so these CVT’s are in high demand and a used transmission is going to cost more than a new one, it’s going to already have atleast 50k miles on it and they’re only giving it with a 6 month warranty. So my best bet is to buy a new transmission for $4400 and wait an additional 2-3 weeks for it be delivered (on top of the two weeks it’s already been sitting in the shop) and installed. Luckily for Nissan, they have always been aware of these failures so they set the recall limit at 87k miles and decided it would be a great idea to sell me the car with 75k miles already on it. Best part of all of this is being blamed for not doing my research on the vehicle before buying it. Which I mean, they’re not wrong, for that part at least.

    1. Mary says:

      My 2015 Sentra, clunked to a jerking stop whole I was at a store. I called the nissan dealership where I purchased it and I had it towed into them where they replaced the transmission for free. You shouldn’t have to pay a penny on these defective pieces of crap.

    2. Dee says:

      I did the exact same, bought a 2015 from them in 2018. Felt EXACTLY the same way as you about not knowing much about cars but I did know something wasn’t right, however my car only had about 38k miles when I purchased it and I bought an extended warranty as it was used and I knew I would be needing to drive it a bit more than usual. I also took it back to the dealership SEVERAL times trying to explain what was happening and what I was feeling. I had to change out my battery twice in two years and then ended up having to replace the transmission which they should have paid in full but did not because the transmission gave out at around 86,000 miles instead of 84k, when I had taken it in to get it checked well before that. But as Shaun said, that also happened to us, our check engine light never came on and the dealership kept making me feel like I was crazy or just needed another oil change. I should have better researched CVTs but they were too new at the time and I was too naive, plus I had driven two other Nissans which were AMAZING cars, they just were not made with these new trash transmissions! But don’t replace the transmission, they’ll just put another CVT in your car and it will just cause more damage than it already has to everything else, trade that bad boy in, make Nissan take it back, I’m still having problems with my Sentra, with a “brand new” transmission, lol.

  10. Mark Garozzo says:

    I have a 2017 nissan sentra its at the dealership getting the transmission rebuilt only have 71000 miles on it

    1. Barbara McKenna says:

      my sentra 2015 was switched from a 2014 Juke when the juke started burning 2 qts oil a week. I had recently became a widow and was driving Lyft and Uber..(still am when this virus settles down.) My sentra was new and the transmission.died in the middle of a busy intersection at 53,000 miles. Paid out of pocket 2900.00 and it lasted 5 mo. I have filled out class action.paperwork twice and have heard nothing

    2. Barbara McKenna says:

      my sentra 2015 was switched from a 2014 Juke when the juke started burning 2 qts oil a week. I had recently became a widow and was driving Lyft and Uber..(still am when this virus settles down.) My sentra was new and the transmission.died in the middle of a busy intersection at 53,000 miles. Paid out of pocket 2900.00 and it lasted 5 mo. I have filled out class action.paperwork twice and have heard nothing..also I never was told about the defect or offered extended warrenty

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