Nissan Fails To Abide By California Emissions Warranty For Its Low, Zero-Emission Vehicles, Says Class Action

Nissan Emissions Warranty California Class Action Lawsuit Overview: 

• Who: Lux Global Auto Sales filed a class action lawsuit against Nissan North America, Inc.
• Why: Lux Global Auto Sales claims Nissan fails to provide proper transmission warranty coverage for its zero and low emission vehicles, as required by the California Emissions Warranty.
• Where: The class action lawsuit was filed in California federal court.

Nissan North America fails to provide proper transmission warranty coverage for its partial zero-emissions vehicles and super ultra low emissions vehicles, a new class action lawsuit alleges. 

Plaintiff Lux Global Auto Sales claims the California Emissions Warranty requires Nissan to provide 15-year or 150,000 mile coverage for the transmissions of partial zero-emissions vehicles and super ultra low emissions vehicles. 

“As a result of Nissan not providing proper coverage, Plaintiff and members of the Class are paying out of pocket for repairs that should be covered under the California Emissions Warranty,” states the class action lawsuit. 

Lux Global Auto Sales wants to represent a California Class of consumers who have had to pay out of pocket for transmission repairs or parts that should have been covered by Nissan under the California Emissions Warranty.

Lux Global Auto Sales claims the affected vehicles transmissions have a defect which causes the malfunction indicator lamp (MIL) to illuminate unnecessarily. 

The California Air Resources Board has determined that the transmission issue should be covered by the California Emissions Warranty, Lux Global Auto Sales argues, since the defect increases regulated emissions and can cause the vehicle to fail a smog check. 

“Pursuant to the California Emissions Warranty, defects which increase regulated emissions, defects which cause the MIL to illuminate, and defects which would cause a vehicle to fail a California smog check are covered under the California Emissions Warranty,” states the class action lawsuit.

Lux Global Auto Sales claims Nissan is guilty of unlawful, unfair, and deceptive prong, and in violation of California’s Unfair Competition Law. 

Plaintiff is demanding a jury trial and requesting relief in the form of compensatory and statutory damages for themselves and all Class Members. 

Nissan failed to have a separate class action lawsuit dismissed earlier this month surrounding claims the company failed to properly compensate its mechanics. 

Have you had to pay out of pocket for a transmission part or repair for your low-emission Nissan vehicle? Let us know in the comments! 

The plaintiff is represented by Robert L. Starr of The Law Office of Robert L. Starr. 

The Nissan Emissions Warranty California Class Action Lawsuit is Lux Global Auto Sales v. Nissan North America, Inc., et al., Case No. 2:21-cv-01109, in the U.S. District Court for the Eastern District of California.

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