This is a consumer class action concerning a breach of warranty and an intentional failure to disclose material facts and a safety concern to consumers. Secondary timing chains, secondary timing chain tensioners and secondary timing chain tensioner shoes (“Timing Chain Systems”) installed in 2004 -2008 Nissan Maxima vehicles, 2004 – 2009 Nissan Quest vehicles, 2004 – 2006 Nissan Altima vehicles (with the VQ35 engine), 2005 – 2007 Nissan Pathfinder vehicles, 2005 – 2007 Nissan Xterra vehicles, and 2005 – 2007 Nissan Frontier vehicles (with the VQ40 engine) (collectively, “Subject Nissan Vehicles”), which were designed, manufactured, imported, distributed, marketed, and maintained, upon information and belief, by Nissan North America, Inc. and Nissan Jidosha Kabushiki Kaisha d/b/a Nissan Motor Co., Ltd. (collectively, “Nissan” or “Defendants”), were prone to premature failure and could not be reasonably repaired. Nissan’s breach of warranty and failure to disclose material facts presents a safety concern to consumers, and has caused consumers to suffer significant monetary damages.
As alleged, the Timing Chain Systems installed in the Subject Nissan Vehicles are prone to premature failure, before the end of the useful life of the vehicles, and well before consumers reasonably expect any such failure to occur. Plaintiff is informed and believes, and based thereon, alleges that a vehicle’s Timing Chain System is intended and reasonably expected to last for at least ten years, if not more, without the need for repair or replacement.
Nissan has been aware that the Timing Chain Systems installed in the Subject Nissan Vehicles are prone to premature failure, and Nissan continued to install defective Timing Chain Systems in the Subject Nissan Vehicles knowing that they were prone to premature failure. Nissan not only refused to disclose the problem, but also actively concealed knowledge of it.
Nissan undertook affirmative efforts to conceal the failures through, among other things, Technical Service Bulletins issued to repair facilities. Although Nissan was aware enough of the problem to issue multiple Technical Service Bulletins to repair facilities, informing them of the need for Timing Chain Systems to be replaced, Nissan selectively chose not to inform consumers of this fact. Nissan concealed this so that the warranty period on the Subject Nissan Vehicles would expire before owners become aware of the problem. Through this practice, Nissan unlawfully transfers the cost of replacement from itself to the owners of the Subject Nissan
As a result of Nissan’s failure to disclose the fact that the Timing Chain Systems were prone to unavoidable premature failure, consumers are required to spend thousands of dollars to replace the Timing Chain Systems, or sell their vehicles without repair at a substantial loss. The fact that the Timing Chain Systems are prone to premature failure is material because no reasonable consumer expects to spend thousands of dollars to replace essential components of the Subject Nissan Vehicles’ engines in the early years of vehicle ownership.
The fact that the Timing Chain Systems were prone to sudden premature failure is material to consumers because it presents a serious safety issue and places the driver and passengers at a risk of harm. The Timing Chain Systems form an integral component of the Subject Nissan Vehicles’ engines. When they fail, they can cause a variety of problems, including the inability of the vehicles to accelerate and maintain speed, as well as catastrophic engine failure, among other issues. When any of these occur while the vehicles are in motion, occupants of the vehicles are exposed to rear end collisions and other accidents caused by the driver’s inability to maintain an appropriate speed on the road. The fact that the Timing Chain Systems are prone to premature failure is also material to consumers because there is no safe alternative way for owners of the Subject Nissan Vehicles to avoid the risk of potential harm. As a result of its failure to disclose the material fact that the Timing Chain Systems installed in the Subject Nissan Vehicles are prone to premature failure, Nissan has recklessly placed the safety of owners and occupants of the vehicles at risk.
Complaint: Nissan FAC