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In this lawsuit called Minerva Martinez, et al. v. Nissan North America, Inc., Case No. 3:22-cv-00354, pending in the United States District Court for the Middle District of Tennessee, Nashville Division, a number of individuals on behalf of themselves and all current and former owners and lessees of 2017-2018 model year Nissan Altima and 2018-2019 model year Nissan Sentra, Versa, and Versa Note vehicles (“Class Vehicles”), allege that the Class Vehicles have a defective continuously variable transmission (“CVT”) which can lead to poor transmission performance or failure. The Plaintiffs brought claims against Nissan North America, Inc. (“Nissan” or “NNA”) for breach of express warranty, breach of implied warranty, fraudulent omission or concealment, unjust enrichment and violation of various State consumer protection statutes. They also sought various injunctive remedies and damages. The people who sued are called the Plaintiffs. The company they sued, Nissan, is called the Defendant.

Nissan has denied, and continues to deny, all of Plaintiffs’ claims related to the CVT in their vehicles, denies all allegations of wrongdoing, fault, liability or damage of any kind to Plaintiffs or the Settlement Class, denies that it acted improperly or wrongfully in any way, and believes that this litigation is without merit. 

You are a Class Member and part of the Settlement if you purchased or leased in the United States or its territories, including Puerto Rico, a 2017-2018 model year Nissan Altima or a 2018-2019 model year Nissan Sentra, Versa, or Versa Note vehicle equipped with a CVT.

Excluded from the Settlement Class are: (1) NNA, any entity or division in which NNA has a controlling interest, its/their legal representatives, officers, directors, assigns and successors; (2) any judge to whom this case is assigned and the judge’s clerks and any member of the judge’s immediate family and any judge of the Sixth Circuit Court of Appeals; and (3) government purchasers and lessees.

Your legal rights are affected whether or not you act.

IMPORTANT DATES

Claims Deadline: (March 15, 2023, or 30 days after a qualifying transmission repair, whichever is later)

Opt-Out/Objection Deadline: (February 13, 2023)

Final Approval Hearing: (March 20, 2023)

 

WARRANTY EXTENSION

Nissan will extend the terms of the New Vehicle Limited Warranty for the transmission assembly (including the valve body and torque converter) and Automatic Transmission Control Unit (“ATCU”) in all Class Vehicles by twenty-four (24) months or twenty-four thousand (24,000) miles, whichever occurs first (the “Warranty Extension”). The Warranty Extension will be subject to the terms and conditions of the original New Vehicle Limited Warranty applicable to the Class Vehicle. 

REIMBURSEMENT PAYMENTS

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Nissan will reimburse Class Members for parts and labor actually paid by the Class Member for qualifying repairs involving the replacement of or repair to the transmission assembly or ATCU of their Class Vehicle if the work was done after the expiration of the powertrain coverage under the original New Vehicle Limited Warranty but within the mileage and time limits of the Warranty Extension (or before the earlier of 84,000 miles or 84 months of service). If the replacement or repair was performed by a Nissan dealer, the full amount the Class Member paid will be reimbursed. If the repair or replacement was performed by a non-Nissan automotive repair facility, Nissan will reimburse up to $5,000 for that repair or replacement. In both cases, the replacement or repair must have occurred on or within the mileage and time limits of the Warranty Extension. If you paid for repairs on more than one occasion, you can be reimbursed for all qualifying repairs subject to the above limits.

To receive a reimbursement payment, you must complete and submit a claim form by the deadline, along with appropriate documentation of the repair(s) for which you are seeking reimbursement.

VOUCHER TOWARDS PURCHASE OR LEASE OF A NEW VEHICLE

Current and former owners of Class Vehicles who had two (2) or more replacements or repairs to the transmission assembly (including the valve body and torque converter) or ATCU during their ownership experience (as reflected by NNA warranty records) are eligible for a Voucher in the amount of $1,000 for either a purchase or lease of a single new Nissan or Infiniti vehicle. Prior software updates and/or reprogramming do not count as a prior repair. The election to apply the Voucher toward the purchase or lease of a single new Nissan or Infiniti vehicle must be exercised within nine (9) months of the Effective Date of this Settlement. The Voucher is not transferable. Class Members eligible for a Voucher but also eligible for reimbursement of a qualifying repair must elect either to receive the Voucher or to receive reimbursement; you cannot receive both.

 

YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT

 

DO NOTHING

You are included in the Settlement Class and, if the Settlement is approved, you will automatically receive a 24-month or 24,000 mile extension (whichever occurs first) of the warranty on the transmission of your Class Vehicle; be eligible for a Voucher towards the purchase or lease of a new Nissan or Infiniti vehicle for current or former owners of Class Vehicles, if you qualify; and be covered by an expedited resolution program through the BBB if you have a future claim related to your transmission.

 

SUBMIT A CLAIM

You do not have to do anything to be included in the Settlement Class, but to be eligible for reimbursement of qualifying transmission repairs, you must submit a Claim Form by the deadline. The deadline to submit a Claim Form is on March 15, 2023, or within 30 days of the qualifying repair to your vehicle, whichever is later.  

 

OPT OUT OF THE SETTLEMENT

 

Ask to get out of the Settlement. You get no Settlement benefits, but keep your right to file your own lawsuit against Nissan. Opt out requests must be postmarked no later than February 13, 2023.

 

OBJECT

Remain a Class Member and tell the Court what you do not like about the Settlement. You will still be bound by the Settlement if the Court approves it. Any Class Member who intends to object to the Settlement (an "Objection") must file a written Objection with the Court no later than February 13, 2023 and mail a copy to the Settlement Administrator postmarked by February 13, 2023.

If you want your own attorney to represent you, you must pay for him or her yourself. Your attorney must file a Notice of Appearance by February 13, 2023.

 

*Claim Forms must be submitted to the Settlement Administrator by March 15, 2023, or within 30 days of the qualifying repair to your vehicle, whichever is later.

No Settlement benefits will be distributed unless the Court approves the Settlement and it becomes final.

For more information, you may call 1-844-591-0204.