— A Nissan Altima CVT class action lawsuit may soon be settled for former and current owners and lessees of about 1.4 million cars.
The proposed Altima continuously variable transmission (CVT) class action lawsuit settlement includes five separate actions:
- Robert H. Weinberg vs. Nissan North America, Inc.
- Salome Madrid vs. Nissan North America, Inc.
- Elisa Cabebe vs. Nissan of North America, Inc.
- Krista Costa vs. Nissan North America, Inc.
- Christopher Gann vs. Nissan North America, Inc.
According to the lawsuits, the 2013-2016 Altima CVTs hesitate, shudder, shake and make noise before they finally fail. The slow response times of the Altima transmissions allegedly make the cars dangerous to drive on highways, especially when the cars stall.
Some Altima customers claim they spent thousands of dollars to repair or replace the transmissions, and customers claim replacement CVTs are just as defective as the originals.
The lawsuit also references technical service bulletins Nissan sent to dealerships because Altima customers were complaining about the transmissions.
In the proposed settlement, Nissan has agreed to extend the transmission assembly warranty by 24 months or 24,000 miles, whichever occurs first. However, the CVT warranty extension will still be subject to the original new vehicle limited warranty.
This means an Altima owner could still be denied coverage if Nissan decides the CVT problems are caused by "damage resulting from alteration, tampering, improper repair, misuse, environmental conditions, and lack of or improper maintenance."
The automaker will also reimburse customers for replacements or repairs to the transmission assemblies or transmission control units, but only for qualifying repairs. To receive reimbursements, customers must have paid for repairs or replacements for work performed after the powertrain warranties expired.
If the replacement or repair was performed by a Nissan dealer, the full amount paid will be reimbursed, but if the work was performed by a non-Nissan repair facility, Nissan will reimburse up to $5,000 for that repair or replacement.
Another condition for reimbursement is the replacement or repairs must have occurred on or before the vehicle was in service for 84 months or driven for 84,000 miles, whichever occurs first.
As for a former 2013-2016 Altima owner, they may be eligible for a $1,000 voucher toward the purchase or lease of a new Infiniti or Nissan vehicle as long as specific conditions are met.
The former owner must have had two or more replacements or repairs to the transmission assembly or the control unit and supported by all necessary documentation. In addition, the voucher expires nine months from the effective date of the settlement.
A former owner will not qualify for the voucher if the repairs consisted of prior software updates and/or reprogramming.
According to court documents, Nissan has agreed to pay $5.9 million to the lawyers representing Altima owners.
Although Nissan agreed to settle the CVT class action lawsuit, a federal judge must still look things over and give final approval.
The Nissan Altima CVT class action lawsuit was filed in the U.S. District Court for the Middle District of Tennessee.
The plaintiffs are represented by Barnow and Associates, Blood Hurst & O’Reardon, Glancy, Prongay & Murray, and Sanford Heisler Sharp.
