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Update – Nissan Altima Class Action – IMPORTANT DEADLINES APPROACHING

We previously wrote about issues we were seeing with Continuously Variable Transmissions (CVTs) in Nissan vehicles, including Nissan Altima, and developing class actions.  (Read more here.)

To update on Nissan Altima specifically, as we had predicted, a class action settlement has been approved by a federal district court in the matter of Christopher Gann, et al. v. Nissan North America, Inc., Case No. 3:18-cv-00966.

Most people do not realize that if you are a class member in a settlement like this and you take no action, you may be unintentionally losing the ability to bring valuable claims.

In this case, if you do not opt out of the class settlement you may lose the ability to get all your money back in exchange for the right to claim a warranty extension, reimbursement for repairs, and a $1,000.00 coupon toward a new Nissan purchase.

Even worse, if you do nothing, you may lose your individual rights and also miss the deadline to make a claim under the settlement.   Remember, you must take specific steps in order to opt out of the settlement.    If you do not, you are automatically considered a party to the settlement–even if you get nothing for it.  

DEADLINE TO OPT OUT: FEBRUARY 7, 2020

DEADLINE TO MAKE A CLAIM: JANUARY 30, 2020

We always recommend that you take care to understand a class action that may affect your rights.   Even if you decide to remain in the settlement and make a claim, it pays to make an informed decision.

If you would like help with the analysis of your potential claims, please contact us for a fast, free and confidential evaluation.

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Update – Nissan Sentra Class Action – IMPORTANT DEADLINES APPROACHING

We previously wrote about issues we were seeing with Continuously Variable Transmissions (CVTs) in Nissan vehicles, including Nissan Sentra, and developing class actions.  (Read more here.)

To update on Nissan Sentra specifically, as we had predicted, a class action settlement has been approved by a federal district court in the matter of Patricia Weckwerth, et al. v. Nissan North America, Inc., Case No. 3:18-cv-00588.

Most people do not realize that if you are a class member in a settlement like this and you take no action, you may be unintentionally losing the ability to bring valuable claims.

In this case, if you do not opt out of the class settlement you may lose the ability to get all your money back in exchange for the right to claim a warranty extension, reimbursement for repairs, and a $1,000.00 coupon toward a new Nissan purchase.

Even worse, if you do nothing, you may lose your individual rights and also miss the deadline to make a claim under the settlement.   Remember, you must take specific steps in order to opt out of the settlement.    If you do not, you are automatically considered a party to the settlement–even if you get nothing for it.  

DEADLINE TO OPT OUT: FEBRUARY 20, 2020

DEADLINE TO MAKE A CLAIM: JANUARY 30, 2020

We always recommend that you take care to understand a class action that may affect your rights.   Even if you decide to remain in the settlement and make a claim, it pays to make an informed decision.

If you would like help with the analysis of your potential claims, please contact us for a fast, free and confidential evaluation.

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FORD TRANSMISSION CLASS ACTION SETTLEMENT VACATED

On September 13, 2019, the 9th Circuit Court of Appeals vacated approval of the class action settlement in the case Vargas, et al. v. Ford Motor Company (D.C. 2:12-cv-08388-AB-FFM). The Appeals Court found that the settlement may not have been fair and adequate to class members, and remanded it for further review.

This settlement had provided that class members–owners of certain Ford Focus and Ford Fiesta models with transmission issues–would give up their individual lemon law and consumer fraud rights in exchange for certain consideration such as smaller cash payments or coupons toward a new purchase, and an arbitration process paid for by Ford with limited remedies.

With approval of the settlement vacated, our firm is pursuing individual claims on behalf of consumers who suffered with these defective transmissions.

The current status of the class settlement is that the federal district court will examine it more closely, and may again choose to approve it. Therefore, we recommend that consumers considering pursuing a claim make sure to investigate your legal rights without delay, as they may again disappear or be reduced by re-approval of the settlement.

2011-2016 Ford Focus and 2011-2016 Ford Fiesta vehicles built with dual-clutch transmissions prone to shuddering, slipping, bucking, jerking, hesitation while changing gears, premature internal wear, delays in downshifting and, in some cases, sudden or delayed acceleration may be affected by the class settlement.

These problems and Ford’s failure to take responsibility for them have become better known, which may increase the value of your potential claim.

If you have had these or any other problems with your vehicle, contact us for a fast, free and confidential evaluation today.

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Lemon Law Transmission Problems in Fiat 500X

Have you had any of the following problems in your Fiat 500X?

  • Jerking
  • Slipping
  • Hesitation
  • Banging into gear
  • Stalling
  • Transmission failure

Your vehicle may be equipped with the same ZF 9 Speed transmission which has been the subject of class action lawsuits in other vehicles.   Class actions can both help and hurt the value of your individual claim.

But while class actions often result in coupons or small cash payments, if you have a good lemon law claim you may be entitled to receive all your money back, or more.   

The founder of our firm used to work in-house for auto makers, which can be a big advantage in these cases.  

There is a fee shifting provision in the law which allows us to take cases free of charge to you.  If you have a good case we will front the costs and our time.

We only get paid by the manufacturer if we achieve a recovery for you.  

If you think you may have a lemon, contact us today for a fast, free and confidential evaluation.

 

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Chevrolet Colorado / GMC Canyon – Lemon Law Issues

lemon Chevrolet Colorado pickup truck

We have noticed a trend in potential lemon law issues in recent model year Chevrolet Colorado and GMC Canyon trucks.  The current version of these mid-size pickup trucks was launched for model year 2015.

Many of these trucks have exhibited transmission problems, with the following descriptions:

Sluggish Hesitation
Will not downshift Losing ability to drive forward (reverse only)
Stuck in gear Transmission failure
Chugging

There have also been other noted problems in these trucks, especially with the power steering, engine, fuel system and exhaust system, among others.  

Additionally, there have been Technical Service Bulletins (TSBs) and Recalls issued which affect these concerns, and prove that GM is aware of them.  

You may have lemon law rights if you have had as few as two complaints for these issues, or for any other problems.  

Those rights survive even if you no longer have the truck.  

If you think your truck may be a lemon, contact us today for a fast, free and confidential analysis.

 

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Honda CR-V Lemon Law Issues (Engine & Transmission)

At Goldsmith West, we have noticed a trend of consumers experiencing problems in recent model year Honda CR-V models, including 2013, 2014, 2015, 2016, 2017, 2018, and 2019. These problems include but are not limited to problems with the engine, drivetrain and powertrain problems, loss of power, vibration, hesitation, cooling system, problems where the vehicle will not start, problems with the powertrain control module (PCM), engine knocking and stalling.  

There have also been a series of incidents of reported fuel in the oil, and odor of gas fumes inside the cabin of the vehicle. 

2018 model year in particular seems to have excess concerns about problems with gasoline in the oil tank

Attribution: ABC15 Arizona

These vehicles are also equipped with CVT transmissions, which are known to have a litany of issues, as seen in class action cases for other models. (Links) There has been at least one recall issued for this vehicle. (Link) 

There has also been a problem with the Electronic Brake Booster (EBB) system for which a technical service bulletin (TSB) was issued.

Consumers may experience the following Diagnostic Trouble Codes (DTCs): P0300, P0301, P0302, P0304, P0172, P0297, P2187, P2583-76, and U3003-16.

 

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Lemon Problems with Jeep & Chrysler ZF 9HP Transmission

A Federal Court is considering approval of a class action settlement involving alleged Transmission Defects in certain Fiat Chrysler Automobiles (FCA) vehicles.  Affected models include 2014 Jeep Cherokee, 2015 Jeep Cherokee, 2015 Jeep Renegade, 2015 Chrysler 200, and 2015 Ram ProMaster City.

The alleged defects include harsh or erratic shifting, clunking, hesitation, banging into gear, malfunction indicator lights, and premature wear or failure of transmission components.

Among other consideration, the settlement proposes to give cash payments or trade-in vouchers according to the following schedule:

  Number of Transmission Related Complaints  

3

4-5

6 or More

  Cash Payment  

$400

$800

$2,000 

  Trade-In Voucher Value  

$1,000

$2,000

$4,000

Depending on the circumstances, however, the same number of complaints could entitle you to all your money back under an individual lemon law claim, even if you no longer own the vehicle.  However, if you do not take specific steps to opt out of the class action, you might only receive a few hundred dollars or a voucher coupon for the same claim.  In fact, if you do not opt out, and you miss a deadline, you might get nothing.   We have seen this happen to prospective clients.  

Our firm has previous experience working on the defense side of lemon law claims, as well as working in-house for a major automaker.  We know how these cases work from every angle. Because our fees are awarded by law, you do not have to pay us for working on your case.  And if you don’t achieve a recovery, we don’t get paid.

If you feel your vehicle may be a lemon, please contact us for a fast, free and confidential evaluation.

UPDATE 11/20/18: It appears the settlement has been approved.   The opt out deadline is January 2, 2018.  For assistance opting out of the settlement, please contact us immediately.

 

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Nissan CVT Transmission and Lemon Law

There have been a number of class action lawsuits in Federal Courts which allege Transmission Defects in certain Nissan vehicles equipped with Continuously Variable Transmissions (CVT).  Affected models include certain recent model years of Nissan Sentra, Nissan Altima, Nissan Rogue, Nissan Versa, Nissan Pathfinder, Nissan Juke, Nissan Note, Infiniti JX35, Infiniti QX60, Our law firm has also seen this trend emerge in clients’ individual lemon law claims.

A CVT has a continuous range of gear ratios and is designed to allow the vehicle to shift gears while driving in a smooth way.  Theoretically, this design should reduce or eliminate the “shift shock” felt when a transmission shifts gears.

However, it has been alleged that Nissan’s CVTs experience sudden, unexpected shaking and violent jerking (commonly referred to as ‘juddering’ or ‘shuddering’) and that the vehicles hesitate when trying to accelerate, increasing the risk of injury or death.  Other related concerns include stalling or loss of power, illumination of the check engine light, also known as the Malfunction Indicator Lamp or MIL (association with Diagnostic Trouble Code or DTC P0776), reduced performance due to CVT fluid temperature, and need for Transmission Control Module or TCM reprogramming.  It is further alleged that the Nissan CVT transmission may also wear down or fail prematurely, often just after expiration of the warranty.

If any of the class actions proceed to judgement or settlement, history has shown that class members may might receive compensation such as reimbursed costs, a warranty extension, or a simple cash payment or coupons based on the number of transmission complaints experienced.  

Depending on the circumstances, however, the same number of complaints could entitle you to all your money back under an individual lemon law claim, even if you no longer own the vehicle.  However, if you do not take specific steps to opt out of the class action, you might only receive a few hundred dollars or a voucher coupon for the same claim.  In fact, if you do not opt out, and you miss a deadline, you might get nothing.   We have seen this happen to prospective clients.  

Our firm has previous experience working on the defense side of lemon law claims, as well as working in-house for a major automaker.  We know how these cases work from every angle. Because our fees are awarded by law, you do not have to pay us for working on your case.  And if you don’t achieve a recovery, we don’t get paid.

If you feel your vehicle may be a lemon, please contact us for a fast, free and confidential evaluation.

 

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Engine Defects in Kia and Hyundai Vehicles

There have been a series of class action suits regarding an engine defect in “Theta II” engines in Kia and Hyundai vehicles.  These suits allege a defect that causes “engine sludge,” or failure of the engine to lubricate itself properly – which can lead to an engine knocking condition, loss of power, stalling, premature engine wear and eventually failure, a fire in the engine, and other problems, such as interference with power steering.  

So far, the list of vehicles alleged to be affected includes the following:

2011 Kia Optima 2011 Kia Sportage 2011 Kia Sorento 2011 Hyundai Sonata 2013 Hyundai Santa Fe
2012 Kia Optima 2012 Kia Sportage 2012 Kia Sorento 2012 Hyundai Sonata 2014 Hyundai Santa Fe
2013 Kia Optima 2013 Kia Sportage 2013 Kia Sorento 2013 Hyundai Sonata 2015 Hyundai Santa Fe
2014 Kia Optima 2014 Kia Sportage 2014 Kia Sorento 2014 Hyundai Sonata 2016 Hyundai Santa Fe
2015 Kia Optima 2015 Kia Sportage 2015 Kia Sorento 2015 Hyundai Sonata
2016 Kia Optima 2016 Kia Sportage 2016 Kia Sorento 2016 Hyundai Sonata

Kia and Hyundai have taken the position that the defect only affects a very small number of vehicles and is caused by a flaw in the manufacturing process that leaves metal debris in the crankshafts.  They have admitted the problem requires engine replacement, but they have continued to blame the “metal debris in manufacturing process” even while claiming the previous problems were fixed by improving the manufacturing process.

 

Our firm has seen examples of these defects, and the effect can be nasty.  Besides the problems with the engines themselves and the questionable recalls, even when performed there is reason to be concerned about dealerships performing widespread engine replacements.  Dealerships are not set up to be factories, and the delays in getting the parts also implicates the Song-Beverly Consumer Warranty Act’s “30-day” rule.  

Remember there are important factors to consider when deciding whether to remain in or opt out of a class action, and that pursuing your own individual lemon law remedy will nearly always be worth substantially more than what you would recover as an unnamed member of a class action.   

Contact us if you have a related problem in your vehicle, or if you would like more information.

 

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