Sarah Mirando  |  September 27, 2012

Category: Consumer News

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Nissan LEAF settlementUPDATE 2: An objection has been filed in connection with the settlement. Read it here.

UPDATE 1: Nissan has agreed to a class action lawsuit settlement that will extend warranty coverage for Nissan LEAF batteries.

A federal class action lawsuit accuses Nissan of concealing that its Leaf vehicles have a design defect that causes them to prematurely lose battery life and driving range.

California Plaintiff Humberto Klee says Nissan advertises the Leaf’s driving range at 100 miles or less, depending on a number of variables such as road conditions and the weather. What Nissan doesn’t disclose in its advertising, however, is that the advertised driving range is based on the vehicle’s performance only after charging the battery to 100% capacity – which Nissan tells owners not to do because it could cause battery damage, the Nissan Leaf class action lawsuit says.

“Before purchase or lease, Nissan failed to disclose its own recommendations that owners avoid charging the battery beyond 80% in order to mitigate battery damage and failed to disclose that Nissan’s estimated 100 mile range was based on a full charge battery, which is contrary to Nissan’s own recommendation for battery charging,” the Nissan Leaf battery class action lawsuit says.

“Consumers thus were misled by Nissan’s representations regarding driving range without being aware that these ranges were only achievable by charging the battery in a manner contrary to Nissan’s own guidance.”

Nissan also failed to disclose and/or intentionally omitted to reveal a design defect in the Leaf’s battery system that causes the Leaf to suffer “widespread, severe and premature loss of driving range, battery capacity and battery life,” the class action lawsuit continues.

The Nissan Leaf class action lawsuit is brought on behalf of a proposed Class of all California and Arizona consumers who purchased or leased any 2011 through 2012 Nissan Leaf vehicle. It is asking, among other things, that Nissan remove and replace Class Members’ battery systems with a suitable alternative product, reform its Leaf battery warranty, cover the loss of battery capacity under warranty, and reimburse Class Members for any repairs made. Klee is alleging violations of California’s Consumer Legal Remedies Act, Arizona’s Consumer Fraud Act and Unfair Business Act, negligent misrepresentation, and breach of Implied Warranty under the Song-Beverly Consumer Warranty Act.

A copy of the Nissan Leaf Battery Life False Advertising Class Action Lawsuit can be read here.

The case is Humberto Daniel Klee, et al. v. Nissan North America, Inc., et al., Case No. 12-cv-08238, U.S. District Court, Central District of California, Western Division. The Plaintiffs are represented by Jordan L. Lurie, Andrew Sokolowski and Tarek Zohdy of the Initiative Legal Group, APC.

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24 thoughts onNissan Leaf Battery Life Class Action Lawsuit

  1. Ricardo pontes says:

    I bought a Nissan leaf 2018 my car got damage while I was charging @ Nissan dealer charger I’m e as sting 11 months sofar they don’t have eta to replace a new battery or any help any kind I’m lost and desperate can you help with this matter

  2. arturo provincia says:

    solo llega la carga hasta 12 millas

  3. Jim stack says:

    It is now Sept 2022. Nissan still has not added Battery Thermal Management. 11 years of failing batteries is shameful.
    The new Nissan Ariya now has liquid cooling and a CCS DCFC port. Just never buy a LEAF

  4. Ashley Jones says:

    Please add me to this lawsuit I am experiencing this issue now with my 2011 nissan leaf and I was not told about the defective battery and was over charged when purchasing the vehicle, which depleted all of my saving and made me lose my job of 5 years because I couldn’t make it there . I’ve had it for 6 months now and I’ve been trying to get some help from the dealer and finance company but nothing so far thanks

  5. gloria rodriquez says:

    Please add me to this lawsuit. I leased a 2017 Nissan Leaf and had so many issues with the battery after 1 year of driving/charging the car. I have proof of purchase/lease

    1. David Bradley says:

      This lawsuit is only for 2011-2012 Nissan Leaf’s.

      1. Jim Weldon says:

        David,

        Given the time tables of when this was finalized, IF I had brought my 2012 Leaf into the dealership in 2019 wouldn’t I have fallen under the 60 – 60,000 mile extended warranty?

  6. Jim says:

    I have a 2012 Leaf and if I am lucky I can drive 25-30 miles on a full charge. This is hwy driving, it does improve to 30-35 in the City.

  7. George Galloway says:

    Since there is a class action lawsuit against Nissan for faulty batteries, I brought my Leaf in to the dealer who confirmed that my leaf will only charge up to 9 bars (loss of 3 bars is 25% of battery capacity) and says Nissan will not replace the battery till I’m down to 8 bars. I bought this car to drive to and from the UofA (I’m a starving student with 4 adopted kids) and at this point the car will no longer make the commute. forcing me to drive my gas guzzler to school 50+ dollars a week so here the leaf sits to bad we cant eat it since $200.00 of our grocery money now goes to gas while I make a payment for a car that is of no use to me.

  8. Byron Lee says:

    I have a 2011 Nissan Leaf purchased in May 2011. I live in San Francisco. I have about 34,000 miles on it. On a 100% charge my driving range is currently 41 miles. The dealership tested it and got 43 miles. The battery tested normal so they can not do anything about the poor mileage ( before purchasing the car, the Nissan rep at the Leaf auto show told me that in 7 years and 70,000 miles I should at least get a 70 mile range)

    I almost always charge my battery to 80% capacity (as recommended) and charge at midnight. My average speed is 15.9 mph (city driving). I live in San Francisco so my car is never exposed to any temperature extremes. I park in my garage. I do not use the A/C or heater and the fan level is set to minimum (cannot turn off). Basically I only use the GPS and radio so there is minimal external usage of the battery.

    Does anyone have similar issues? Do you think this in normal dissipation? Nissan will not tell me if this is normal or not. They only tell me that the dealership said the battery tested normal. Six months ago, I was still getting about 65 miles on a 80% charge. Now I get less than 35 miles. The car is becoming impracticle

    1. Yendor Reese says:

      YES!!! How are more people not talking about this. I was sold a nissan 2016 with only 48,000 miles on it and the battery at full charge was at 70 now within a month it is down to 60!!!

  9. Sylvia Allen says:

    I would like to be part of the lawsuit with my 2012 Leaf “CHAT NOIR” experience!

    I became a liability on the road and feared for my life in Seattle WA. These cars should be band! The false mileage indicator alone should explain the total recall of an absolute HIGH RISK horrible car! Drive one and you’ll see what I mean! NO CHARGING STATIONS!

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