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.
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.
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.