nissan

Yet Another Class Action Case Against Nissan For The CVT Transmission Defect

Nissan is facing a lawsuit by a class of consumers who allege that the company sold vehicles with faulty continuously variable transmissions (CVTs). According to the legal action, Nissan allegedly misrepresented and concealed the defect, which has caused extensive transmission problems and reduced vehicle performance. In this article, we’ll look at the details of this case and what it could mean for Nissan’s future. Read on to find out more!

What is a CVT Transmission?

A CVT (continuously variable transmission) is an automotive transmission that uses a belt system and pulley to provide an infinite number of gear ratios. This design is like the traditional automatic transmission but without fixed gear ratios. However, the CVT transmission can continuously adjust the gear ratio to provide the optimal rate for the current driving conditions. These transmissions are becoming popular in newer vehicles, although they are less common than traditional automatic transmissions. Many automakers use CVT transmissions in their latest models, and the technology is continually improving. They offer several benefits over automatic transmissions, including better fuel economy, smoother acceleration, and more.

What Happens When CVT Transmission Fails?

Nissan vehicles with CVT transmissions can fail without warning. You may only observe that something is wrong once it is too late. It can happen if you are driving on an icy road or going down a steep hill and suddenly are unable to press the accelerator pedal. It can be dangerous, so make sure your Nissan is in good condition before you drive.

If the transmission fails while the Nissan is idling (when there is no movement), it will cause the RPMs to drop significantly below normal levels. Eventually, they will start moving again, but at slower-than-normal speeds. Thus, if you are experiencing this problem, take your Nissan to a mechanic. CVT transmission failure can be dangerous and expensive to repair, so be aware of the problem and take action if necessary.

Nissan CVT Warranty Extension

Nissan is extending the original warranty terms to 24 months or 24,000 miles for the transmission assembly (including the valve body and torque converter) and automatic transmission control unit (ATCU) for vehicles in the class vehicles category. If this flaw affects your Nissan vehicle, you may be eligible for coverage under the extended warranty. Contact an authorized Nissan dealer to schedule an inspection and repair. Nissan will reimburse car owners for repairs if they occur within the mileage and time limits of the warranty extension.

Plaintiff Claims against Nissan

The defendant company sued Nissan on behalf of many Nissan owners. According to the complaint, Nissan allegedly violated both the express and implied warranties of merchantability. Nissan sold a defective transmission that does not meet applicable federal motor vehicle safety standards. The plaintiff also alleges that Nissan has violated the Magnuson-Moss Warranty Act and the California Consumers Legal Remedies Act. Numerous plaintiffs who own Nissan vehicles have filed this lawsuit, claiming that the CVTs are to blame for the problems they experienced. The faulty models include:

  • Nissan Altima (2017-2018)
  • Nissan Sentra (2018-2019)
  • Nissan Versa Note (2018-2019)
  • Nissan Versa (2018-2019)

Nissan’s Response to the Lawsuit

Nissan proclaims that the plaintiffs have failed to state a claim upon which we can grant relief. Nissan also contends it cannot be held liable under consumer protection laws. Moreover, no technical defect with its CVT transmissions was noticed when these Nissan models were sold to consumers in North America. Nissan categorically denies any assertions that it failed to disclose a safety defect with its CVT transmission system. Further, Nissan denies failing to disclose material information about the CVT transmission system or any other part of its automobiles after receiving notice of a potential safety issue.

However, this case is still pending in the United States District Court. The complainants might receive reimbursement for their losses if their action is successful. It could include compensation for repair costs, the diminished value of their vehicles, and other financial losses. Yet, the company believes that the lawsuit is without merit. Nissan is committed to maintaining integrity in all its business dealings and takes any allegations of improper or wrongful conduct seriously. Also, the company will continue to defend itself against these allegations. 

Nissan CVT Lawsuit Settlements

Recently, complainants hit Nissan with cases regarding defective CVT Transmissions. The lawsuit alleged that CVTs cause jerking that lead to transmission failure. Nissan settled this class action lawsuit regarding several 2013-2017 models. NNA admitted no wrongdoing, and the Court ruled in favor of the proposed agreement on March 10, 2020. In another proposed class action settlement, Nissan has agreed to extend the warranty on the CVT for some 2014-2018 models. The agreement became effective on May 23, 2022.

What to Do If You Have a Nissan with CVT Issue?

If you have a Nissan with a CVT transmission defect, there are several things you can do to protect your car. First, contact a qualified Nissan repair shop specializing in CVTs and CVT repairs. They will inspect your transmission for any problems and recommend what action you should take. Also, you can take your car in for an inspection by an experienced mechanic. The independent mechanic can evaluate the problem honestly and help you analyze whether it is worth pursuing further legal action against Nissan or any other party involved in the incident. However, if you want to opt-out of the Settlement, you must do so by February 13, 2023. Note that by opting out, you will not be eligible for any benefits under the Settlement, but you will keep your right to register a claim against Nissan. In case you don’t opt out, you forfeit the chance to get a refund and are stuck with the car.

Bottom Line

The CVT transmission defect of Nissan has caused many drivers to experience problems and may have even led to accidents. The class action lawsuit against Nissan is a big step towards ensuring that they address this problem and that those affected receive just compensation for the issues they have faced. It will be interesting to see how this case plays out and whether it encourages other automakers to take similar steps when dealing with potential defects.

If you have purchased a hybrid or electric vehicle and experienced the abovementioned issue, call us at 833. Our experienced attorneys at the Lemon Firm will evaluate your case and take legal action to help you recover the compensation you deserve.

About the Author
Sepehr Daghighian is a partner with CCA that is well-versed in all aspects of lemon-law litigation. A 2005 graduate of Loyola Law School, Mr. Daghighian has been practicing litigation throughout the state of California for over 13-years. In this time, Mr. Daghighian has advocated on behalf of California consumers in hundreds of lemon law cases throughout our great state. Mr. Daghighian has also successfully tried numerous such cases to verdict in both Federal and State Court.