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Yesterday, a plaintiff filed a motion to certify a class action lawsuit alleging Nissan North America Inc.’s 2014 Infiniti Q50 vehicles lacked the features that were promised with the included InTouch telematics system.
According to the Nissan class action lawsuit, Nissan released the 2014 Infiniti Q50 in the United States in August 2013. The luxury sedan was touted as having a wide variety of advanced technologies, including the ability to access apps through the InTouch system. The InTouch system would allow users to access mobile phone apps such as Facebook, Pandora, iHeartRadio and access their email and calendars.
To use the InTouch system, users were required to download the Infiniti InTouch app onto their smartphones and obtain a software upgrade. However, the app was allegedly not available for at least a year after the Infiniti Q50’s release.
“Contrary to these representations, until late-September 2014, at the earliest (if at all), purchasers and lessees of Q50s were unable to access the Advertised Apps/Functions through InTouch,” the class action lawsuit says. “And, even though [Nissan] has recently claimed to be releasing products to make the system operate as represented, the effort has been less than effective.”
Plaintiff Leon Zingerman filed the Nissan class action lawsuit this week after he attempted to get the InTouch upgrade that would allow him to access his apps as promised. However, he claims the Infiniti dealership said it was unaware of the upgrade and did not know how long it would be before it was equipped to perform the upgrade.
Zingerman alleges that, without the ability to use the InTouch feature, he received a vehicle that was worth less than he paid for and that did not perform as advertised. In making the decision to purchase the Infiniti Q50, Zingerman alleges he relied on Infiniti advertisements, the Infiniti website and representations made by the sales staff at the Infiniti dealership.
The Infiniti class action lawsuit points to numerous complaints that have been posted online regarding the failed release of the InTouch app. “We were promised this app in Fall 2013, then December 2013, then they stopped talking about it altogether,” one reviewer wrote. “Now in September 2014 it is released and it is completely useless. … [N]one of the apps work. Ridiculous experience on the Q50.” Other reviewers expressed similar frustration.
To make matters worse, the InTouch class action lawsuit alleges, Nissan failed to provide a reason for the delay of the app and has not offered any compensation or other benefits to the potential Class Members for the unavailability of the advertised app.
The Infiniti InTouch app class action lawsuit seeks to hold Nissan accountable for violating the Magnuson-Moss Warranty Act, the Illinois Consumer Fraud Act and breach of express warranty.
Yesterday, Zingerman filed a motion to certify the InTouch class action lawsuit. He seeks to certify a Class of “All persons and entities that purchased or leased a 2014 Infiniti Q50 for end use and not for resale.”
Zingerman is represented by Ben Barnow, Sharon Harris, Erich P. Schork and Jeffrey Blake of Barnow and Associates PC.
The Infiniti InTouch App Class Action Lawsuit is L. Zingerman DDS PC d/b/a Niles Family Dental v. Nissan North America Inc., Case No. 1:14-cv-07835, in the U.S. District Court for the Northern District of Illinois, Eastern Division.
UPDATE: The Nissan Infiniti Q50 InTouch Class Action Settlement is now open. Click here to file a claim.
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28 thoughts onNissan Hit with Class Action Lawsuit over Infiniti InTouch App
I want to participate in this class action law suit for all the reasons listed above. It is false advertising and bad media from infinity to tell us about a software (intouch) that should work and have all this many good features but at the end you realize that such is still under development and simply do not work.. I am just tired of calling the dealer and all I get is the same answer, which is and I quote : Please wait for the next update.. That is not right… Please let me know how to participate in this law suit..
I have the same problem with the Intouch app. How can I get my name on the law suit list?
Im not happy at all . i had a 2013 Honda accord before the q50 and technology worked as it was explained. The q50 is almost worth less .
This tech package is horrible. If a call or text comes through while im listening to music, if i answer the call i have no more bluetooth audio unless i restart the car . The promise of the apps is rediculous the only 2 i have gotten that are basicallua waist of time are facebook and google. I wanted pandora and Iheart
This is an infinity supposedly a top of the line luxury car and my Honda that was litarally half the money worked better. This is ver dissapointing and now it will cost me 10k atleast get out of this car
How do you join the law suit?
Same issue. Got car in Aug 2013 considering apps coming soon. They never really came because current implementation is extremely slow and makes whole thing useless.
In addition to my Intouh not working, my \unapproved\ bluetooth doesn’t work in the car either. I have battled this with consumer affairs, INTOUCH Tech Team, and the retailer for two months. Besides INTOUCH apps not pairing, if my bluetooth is connected it causes the INTOUCH screen and the navigation screen to freeze and then black out. Only way to get this fixed is restarting the car. An engineer out at the retailer today said my phone is not compatible for Bluetooth use in the car. The list of approved devices for the car are phones that you cannot get (at least for T-Mobile) new as they are so old. (The Iphone 5, HTC Amaze, we’re talking old). This is not disclosed at time of purchase, nor the list easily found. So, I have a tech package that doesn’t work. How do I get on the list?
I had the same problem. ask them to replace your SD card reader.That will resolve this issue.
Same issue here. I leased the infiniti Q50 last year. I spent several hours trying to get the apps to work until I finally realized that the functionality was not there. My dealer failed to mention this to me and talked about the great apps available with the car. Overall I’m very disappointed with the false advertising and will not be getting an Infiniti when it’s time for my next upgrade.
I’m also frustrated with the issue. I took my car to the dealer for an update on the itouch, and is exactly like everyone mentioned before, is not really an update. I still yet have any of the apps they assure the update will have, and to make thinks worse, the screen keep reading apps uploading.
I finally got the software update for my car last week….
Still no apps, and the backup trajectory lines still take a few minutes to
come on after starting the car.
Are you serious? Still no Pandora or I Heart Radio? What other apps are there? Email? Ugh! How do I add my name to that lawsuit? I leased my Q50 in July of 2013 and was promised October 2013 release. In October I was told December and so on…..
I too am an Infiniti Q50 owner who leased my Q50 in October 2013 and was promised the in touch package functionality in Dec of 2013 as wall. The in touch features were a large part of my decision to purchase the packages and options with my vehicle and were a large part of the Infiniti sales “pitch”. I also called Infiniti several times and sent emails inquiring about availability, and was told there was no info or availability dates yet. Finally 1 year after I purchased my vehicle I received notice that ” limited” functionality was now available, but promised features like Pandora and I Heart Radio were still not included and there was no commitment when or if they would be. I am glad another owner decided to file class action as I was considering the same myself.
Infiniti finally agrees to settle: https://topclassactions.com/lawsuit-settlements/lawsuit-news/637646-nissan-settle-infiniti-intouch-false-advertising-class-action/