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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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Why Don’t Auto Manufacturers Buy Back Lemons?

There is case law that requires manufacturers to buy back your vehicle when it meets the lemon law criteria – even if you don’t ask them to.  The law recognizes that manufactures have the ability to know your vehicle qualifies before you may even know it. 

Yet most manufacturers will do everything in their power to avoid buying back your lemon. 

When they do begrudgingly agree to buy it back, they will do anything they can to pay you less than the law requires, to delay, and to make you sign a release with all kinds of extra legal provisions giving up rights.  They will stonewall you in the hopes that you will give up.

The lemon law does not require you to give up any rights. It requires manufacturers to promptly buy back your lemon, and take responsibility for it. Manufacturers may even be required to pay extra penalties for violating the law, if their contact is willful.

Furthermore, the lemon law provides for the payment of your legal fees. The legislature of each US state and the federal government have enacted these fee shifting provisions in lemon laws so that you will have a means to take on large automakers with their infinite resources when they violate the law.   

Remember that manufacturers are very familiar with the lemon law even if you are not, and they may document your case defensively once they realize they have exposure to legal liability.  This may be going on even while they are telling you they want to help you. 

If you have any questions about the lemon law, it is in your best interests to seek a fast, free, and confidential evaluation.  Our law firm offers this, as does many other lemon law firms in California. 

If you would like to speak to an attorney about a potential claim, contact us today. 

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Lemon Law Transmission Problems in Acura TLX

Have you had any of the following problems in your Acura TLX?

  • 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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Lemon Law Transmission problems in Honda Pilot

Have you had any of the following problems in your Honda Pilot?

  • 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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Lemon Law Transmission problems in Land Rover Discovery Sport

Have you had any of the following problems in your Land Rover Discovery Sport?

  • 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.

 

TELL US ABOUT YOUR CASE

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Lemon Law Transmission problems in Range Rover Evoque

Have you had any of the following problems in your Range Rover Evoque?

  • 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.

 

TELL US ABOUT YOUR CASE

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Update: FCA (Jeep – Chrysler – Ram) ZF 9HP Class Action Settlement

We have previously written about how class actions affect individual lemon law claims and about the FCA ZF 9HP class action specifically.  This is an update.  

It appears the class settlement was in fact approved by the Court, or at least that FCA took action on it.  A company called Dahl Administration LLC is administering the settlement claims process, including notification about the right to opt out.  

Choosing to remain in the settlement and receive a smaller cash payment or coupon, or to opt out and potentially seek a buyback in a lemon law claim is an important decision.  If you do nothing and remain in the settlement, it is possible Dahl Administration will determine that you receive no cash compensation whatsoever. Missing the chance to opt out is something we have seen consumers regret once they understand what their lemon law rights are.  

What’s interesting is that it appears the settlement was only approved at the end of November 2018, and yet the opt-out deadline was January 2, 2019.  This means that FCA and Dahl Administration only had slightly more than a month to notify class members of the important effects of the class settlement on their individual rights.  Further, that notice period just happened to overlap three major holidays.

What are the chances that consumers were properly notified?  Furthermore, what are the chances that FCA cares? They will surely argue that lemon law rights were wiped out by the failure to opt out, whether the notice was viable or not.

In answering these questions, a picture is worth a thousand words.  Check out this opt out notice.

Granillo, et al. v. FCA US LLC, et al. Opt Out Notice

Note the postmark date (1/14/19) versus the opt out date (1/2/19).   It would be tough to opt out two weeks after the deadline has passed, unless you have a time machine handy.  

Somehow, we don’t think think it was lost on FCA or Dahl Administration that they were mailing notice of the opt out deadline after it was impossible to meet.  

Our office has seen FCA use other class settlements administered by Dahl Administration to try to defeat lemon law claims.  Often consumers are shocked when they learned that they were supposedly notified in advance.

So what should you do if you receive a late opt out notice?  First, make sure to save it. Documentation is critical. Second, all of the facts of your claim have to be taken into account to determine how the settlement may affect your individual lemon law claims. Because the opt out deadline is technically already passed, the sooner you act the better.  Contact us today if you would like a quick evaluation.

P.S. The same ZF 9 Speed transmission involved in the Granillo class action is also in 2014-2017 Range Rover Evoque, 2015-2017 Land Rover Discovery Sport, certain trims of 2015-2016 Honda Pilot and 2015-2017 Acura TLX and in Fiat 500X.

 

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Do I need to own the car for lemon law?

The answer is no. The landmark case of Martinez v. Kia Motors America, Inc. stated that “[n]owhere does the Act provide that the consumer must own or possess the vehicle at all times in order to avail himself or herself of these remedies.” The lemon law only requires the consumer to give the manufacturer a reasonable number of attempts to repair the vehicle.

This means that you can bring a lemon law claim after you trade in or sell the vehicle, or after the lease ends.

Remember though that the vehicle, along with the repair orders, is the most important piece of evidence in a lemon law case. Discovery and investigation into the vehicle’s use and condition after it leaves your possession is important to the facts. The amount you received for the vehicle or the costs you absorbed affect your damages.

If you choose to proceed with a claim without the vehicle, be sure you understand how the case may be affected.

If you have questions about a potential claim, contact us today for a free evaluation.

 

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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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