Nissan unsolicited telemarketing calls $2.2M class action settlement

Nissan agreed to pay $2.2 million to resolve claims that it violated federal law with unsolicited telemarketing phone calls.

The settlement benefits individuals who received an automated call from Nissan Motor Acceptance Corp. regarding an auto financing account, despite not being part of any such agreement, between March 24, 2012, and Oct. 3, 2019.

Nissan is a car brand that sells a number of vehicle models. Individuals who purchased a vehicle directly from Nissan may receive phone calls from the dealer about their financing account.

However, according to a class action lawsuit against Nissan Motor Acceptance Corp., some consumers may receive unsolicited phone calls from the company despite not having a vehicle or financing agreement with Nissan.

Plaintiffs in the class action lawsuit say they received numerous telemarketing calls from Nissan about an account that wasn’t theirs. After a borrower fell behind on payments, Nissan allegedly called the plaintiffs about the account despite the plaintiffs not giving prior written consent to receive automated phone calls. Some plaintiffs in the case say they receive over 20 automated phone calls from Nissan in connection with someone else’s account.

According to the Nissan class action lawsuit, these phone calls violated the federal Telephone Consumer Protection Act (TCPA). The TCPA protects consumers from unsolicited telemarketing or automated phone calls, text messages and faxes. 

In order to send these communications to consumers, the TCPA requires businesses to get prior express written permission. Failure to do so can result in penalties of thousands of dollars.

Nissan hasn’t admitted any wrongdoing but agreed to resolve these allegations with a $2.2 million class action settlement. 

Under the terms of the Nissan settlement, class members can receive a cash payment. Exact payment amounts will vary depending on the number of class members who participate in the settlement and the net settlement fund after fees and other deductions. 

If cash funds remain after the first round of settlement checks, a second round of checks may be issued. However, if this round of checks would result in payments of less than $1, the funds will instead be donated to The Samuelson Law Clinic.

The deadline for exclusion and objection was June 17, 2022. Because this date has passed, the only action class members can take is filing a claim for payment. 

The final approval hearing for the settlement is scheduled for Aug. 22, 2022. Class members are not required to attend.

In order to receive a payment from the settlement, class members must submit a valid claim form by July 15, 2022.

Who’s Eligible

The settlement benefits individuals who received an automated call from Nissan Motor Acceptance Corp. regarding an auto financing account, despite not being part of any such agreement, between March 24, 2012, and Oct. 3, 2019.

Potential Award

TBD

Proof of Purchase

Cell phone number to which you received an NMAC call.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

07/15/2022

Case Name

Terteryan, et al. v. Nissan Motor Acceptance Corporation, Case No. 2:16-cv-02029 GW, in the U.S. District Court for the Central District of California

Final Hearing

08/22/2022

Settlement Website

TerteryanTCPASettlement.com

Claims Administrator

Terteryan NMAC TCPA Settlement
P.O. Box 43151
Providence, RI 02940-3151
855-582-3162

Class Counsel

Bryan Kemnitzer
Adam J McNeile
KEMNITZER BARRON & KRIEG LLP

Ian Lyngklip
LYNGKLIP & ASSOCIATES CONSUMER LAW CENTER PLC

Defense Counsel

Mark D Lonergan
Rebecca S Saelao
Scott J Hyman
Genevieve R Walser-Jolly
SEVERSON & WERSON A PROFESSIONAL CORPORATION