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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
If you idiots really purchased this vehicle for the stupid apps and not how it handles and performers and excellent all wheel drive system you are all a pack of idiots. The technology is in the brake assistance and drive by wire for me. You care about Facebook and apps in a car and consider that real technology. What human waste you all are. Drive German you diseased twats.
Hilarioua, that is the best comment I have seen. Disappointing that some of the apps don’t work, maybe, but what about all the awesome characteristics of this car? Maybe these wieners should go back to driving their PT Cruisers….
You both are idiots if you ask me. Plus, every Q50 doesnt have DBW, its in the technology package. Infiniti is a luxury brand and should have these things available, especially after promoting them several years ago. Never mind the fact that Nissan vehicles have these apps now! There are not many driving characteristics that are so unique and special about this car. Its mostly about value and curb appeal for many. It drives –nice–, nothing much above that. And yes, I own one!
I to am frustrated by the Infiniti response. Can I to join in this suit. They even do not respond to emails concerning this problem.
I had a 2012 G37x lease which just ended, so I decided to upgrade to the 2015 Q50. I have the same problem that everyone is complaining about here. Even the Infiniti website shows Pandora on the 360 interior view… http://www.infinitiusa.com/sedan/q50/gallery.html. I try to avoid using Facebook, so why would I want it in my car. As for the Google Online search, it is only for GPS Locations. It should be called Google Map Search. At least the built in Nav works better then the one from my 2012 G37x. I just picked up this car on Tuesday. Disappointed. Does it really take two years to get an Approved Quality App?? Looks like it is time to hack the computer and add our own apps.
With the continued issues with this car, Transmission odd shifting, the poor-not what advertised gas mileage, and the continued technology issues, what is Infiniti/nissans responce action on this? My Dealer has said that its nothing they can do, and will not take the car back. Like some of you have said, this is for sure my last Infiniti. Why would you need FaceBook while driving? Who thought that was a good idea? The app platform is supposed to be like an Android OS, so all those apps should work, but don’t. How do you add or even develop apps to work? Some times Text messages appear on the above screen and some times not. You would think it would be better with the cost of the car being what it is, but you can purchase so many other cars with far better technology. Complete waste of money on this Q50, and very disappointing. Add me to the class action, I don’t care about the money, just take the car back. Ill by an old VW Bug and have the same technology.
How do we get in on this class-action? I don’t care if I we don’t see a penny of it. Nissan just has to pay billions for this BS. Only way they will learn.
I too purchased a Q50s on January 2014, it was almost a year later that the Intouch system finally had some apps (google and facebook only). To this day they still do not have pandora or Iheartradio. They have an APP that maybe works once out 10 times trying. Infiniti is a failure when it comes to their Q50 Intouch Software. Such a disappointment.
To all of you asking how you can join, its a class action lawsuit, you are automatically part of it if you purchased a 2014 Q50 not for resale. We can all expect a check for $5.00 sometime in 2018, while the attorneys reap a large sum.
I want to join the lawsuit.
There are significant software issues with the 2014 Q50. The InTouch system is useless. The InTouch system is seriously dangerous to use while driving. You’re forced to take your eyes off the road while playing an IT detective to resolve issues. The system reboots randomly while driving at which point I lose all electronics’ including interior lights, speedometer, tachometer and climate control.
I’ve taken my car to the dealer several times and they were not able to recreate my issues. I started carrying a video camera to document my issues-google rmjcvelez youtube videos. This is my 3rd and likely last Infiniti.
I am unable to stream BT music. The dealer asked what type of phone I use and when I said iPhone, he responded with “InTouch was designed to be used with Android”. I used my wife’s Android with the same results. I cannot switch between an iPod connection and FM radio. While playing music in random mode using an iPod connection, if a song is the last song on an album, the system will lock up at the end of a song until the car is rebooted.
I also want to join the lawsuit. I leased in Oct 2013, was promised updates and had car in over 7 times for in touch system failures and back up camera. Thank you
hi i would love to join the lawsuit how do i join i got the update as well and nothing worked after i got the update my intouch started freezing up on me i braught it to the dealer it sat there 22 days when i got it back i had no radio as well as other issues i have been back and forth with infiniti consumer affairs and they arent willing to help me i am having alot more issues with the car and i have been in and out of the dealership more times than i can count on both my hands if anyone can help me join i would really apreciate it