A class action complaint was filed on behalf of owners of Model Year 2013–2014 Nissan Altima vehicles (“Subject Vehicles”) which allegedly contain defective continuously variable automatic transmissions (“CVT”) that cause shuddering, hesitation, stalling, unusual noises, and ultimately, premature transmission failure. The CVTs pose a significant safety risk. When the shuddering occurs, momentum of the Subject Vehicle is suddenly lost, the rate of speed drops or the vehicle stalls, and the brake lights do not illuminate. The defect is especially dangerous because it manifests when the driver presses the accelerator. Just when the driver attempts to accelerate, nothing occurs. This is sometimes followed by an unexpected surge of power. The CVTs increase the risk that the driver will lose control and cause a collision.
When owners of Subject Vehicles seek repair of their defective transmissions, they are routinely informed that the transmission requires replacement, at a cost upwards of $3,000. With the replacement, the vehicles are then equipped with another defective CVT, and the cycle repeats.
According to the complaint, Nissan knew the CVTs were defective in this way, were prone to shuddering, hesitation, stalling, unusual noises, and eventual premature failure yet failed to disclose these material facts to Plaintiff and other Class members. Nissan misrepresented the safety risk the Subject Vehicles pose to occupants and the public. Nissan knowingly engaged in omissions of material facts and false and misleading representations regarding the performance of CVTs in the Subject Vehicles.
As a result of Nissan’s unfair, deceptive, and fraudulent conduct, Plaintiff and the other Class members received a car worth less than as represented and less than what they paid for when purchasing their Subject Vehicles.