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Class Action Lawsuit

10K views 15 replies 13 participants last post by  beltonr 
#1 ·
So, I'm not particularly in favor of Class Action lawsuits because the victims rarely get the restitution they deserve and the lawyers make a FORTUNE, but....I think it's high time this issue is explored in the courts.

Nissan is aware of the problem. They will not admit publicly that there is a problem. They are stabbing in the dark for cheap answers and I think we're all beginning to see that the problem may very well be a faulty CVT design that isn't going to be fixed by programming, replacing surrounding parts (torque converter, solenoids, etc) AND while Nissan continues to try and come up with a cheap way out of this mess, they are literally taring our cars apart and potentially diminishing their value and long term viability by ripping out the engine, transmission, etc. and putting it back together.

I like Nissan but I feel terribly betrayed and left out in the cold by Nissan on this one.

Thoughts?
 
#2 ·
I think a more realistic and cost effective approach is to make your local TV station aware of it, especially if they have one of those consumer advocate reporters on their staff. They love this stuff.
Calling a Nissan customer rep. will only allow you to vent your frustration to a paid employee and wont solve the problem, as Nissan wants to keep this bad press internal. Bad publicity on the other hand, will light a fire under Nissan's a$$ and maybe speed up the solution process.
I've been relatively lucky so far, with my 2013 Pathfinder...only 2 minimal shudders in 1100 miles. Still lovin it.
 
#3 ·
I think the NHTSA would get involved before a class-action suit is able to go anywhere. The government can investigate if Nissan was aware of a problem and failed to act or tried to cover it up.
 
#5 ·
I don't believe NHTSA gets involved unless it a safety issue, which it is not except for owners that have lost power while in traffic.

I would welcome a class action lawsuit, but would not participate. In a lawsuit, the lawyers are going to get the first 40%+ of the cash. Nissan would settle with me quicker in a lemon law filing if a class action suit came first.
 
#4 ·
I still disagree with your supposition that this is a design defect. Though it may seem like a preponderance of owners are experiencing the issue, you have to realize that far more people are apt to complain when there's a problem, then there are folks who will seek out a forum merely to say that everything is working great.

As a matter of fact, we have quite a few users here who haven't experienced the shudder. So, while I share your frustration, I don't think it's an inherent defect to the design. There is more to the powetrain than just the TC and the CVT unit itself. It could be one of dozens of other components, or a combination thereof. Though I hate being a guinea pig with my $41,000 vehicle, I'm inclined to give Nissan some more time to figure this thing out.
 
#8 ·
I still think that the "shudder" has to do with people accelerating too fast. The transmission doesn't have a chance to adjust to the rapid acceleration. Try being nicer to your PF.

Even so, the problem shouldn't happen in the first place, but I don't think I would want to get involved in a class action lawsuit. I would have to be far more upset or injured to participate in a class action. It would have to be some real Erin Brockevich stuff to get me to participate.
 
#9 ·
I still think that the "shudder" has to do with people accelerating too fast. The transmission doesn't have a chance to adjust to the rapid acceleration. Try being nicer to your PF.
If you've followed this thread issue from the early days, you'll note that the shudder only occurs under light throttle. In most cases, it can be corrected by increasing throttle - but nearly every case I've ever experienced has been under 10% throttle - and because I drive for efficiency, my Pathfinder is mostly driven like a grandma would. So, I'll have to disagree with your assertion.
 
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#16 ·
If I was a dissatisfied owner I would have made life miserable for my local dealership as well as Nissan until they fixed the problem or replaced the vehicle. I did it before with an '05 Pathfinder, ultimately went to the head of North American Operations to get my problem fixed. As it is with my February '13 Pathfinder, I experienced "shudder" at 800 miles. I was aware of the "shudder" issue because I joined this forum before my Pathfinder was delivered. My dealership gave me no hassle about the issue, took my word for it that I had experienced "shudder," gave me a loaner while they replaced the torque converter and I have had no recurrence of the problem. Thought I did one day but it was actually ruts in the road when I went back to check. I have had a few other minor issues, all handled very quickly without any fuss. It's amazing what a difference a good, long-term relationship with your service manager makes! Mileage is only at 13,000 miles, but I haven't had any problem for quite a while. I do tow a 3800 lb boat, tows like a breeze.
 
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