Nissan Rogue model years 2014-18, Nissan Pathfinder model years 2015-18 and Infiniti QX60 model years 2015-2018 vehicles allegedly contain one or more design and/or manufacturing defects that can cause their continuously variable transmission to malfunction (the CVT Defect).
As first reported by LegalScoops, the CVT Defect has caused numerous delays in vehicles’ response time and ability to accelerate, merge or pass another vehicle. With the increasing number of owners reporting a significant delay in their vehicles’ response, this is becoming more than just an annoyance for some drivers.
CVT Transmission Problems
The driver will often report that their engine is revving while they depress the gas pedal, but there’s little to no increase in speed. While Nissan owners have reported a wide range of issues with their vehicle, from stalls and jerky movements to transmission failure; some common themes include lurching or shudders when driving at higher speeds on hilly roads.
Nissan Models Affected
According to publicly available data, the total number of Class Vehicles sold is approximately 2.1 million vehicles. The following Nissan models are affected by this defect:
- Nissan Rogue model years 2014-18
- Nissan Pathfinder model years 2015-18
- Infiniti QX60 model years 2015-2018
Status of the CVT Transmission Class Action Litigation
Stringer et al. v. Nissan of North America, Inc. et al., Case No. 3:21-cv-00099, was filed in the United States District Court for the Middle District of Tennessee on February 5, 2021, and has been consolidated with four other actions. A Consolidated Amended Complaint was filed on July 15, 2021.
This Complaint was filed by plaintiffs on behalf of a class of owners and lessees of certain 2014-18 Model Year Nissan Rogue and 2015-18 Model Year Pathfinder or Infiniti QX60 vehicles.
The Stringer lawsuit was recently settled. Owners will soon have the option of participating in that settlement or bringing your own claim and “opting out” of that settlement or the litigation.
CVT Transmission Class Action Settlement Details
Under the proposed settlement, Nissan will have to pay reimbursements for certain repairs, or offer a new vehicle limited warranty extension of 24 months or 24,000 miles, whichever happens first.
Additionally Nissan will provide $1,000 vouchers for qualified Class Members that can be used towards the purchase of a new Nissan or Infiniti vehicle, plus attorneys’ fees and administrative costs that will be paid separately by Nissan.
If that settlement is finally approved, all class members that do not submit a timely and valid written request for exclusion from the Settlement Class will be bound by the Releases in the Settlement Agreement and other terms and conditions set forth herein and all proceedings, orders and judgments in that lawsuit.
Class Members may exclude themselves from the Settlement or object to the Settlement, but they may not do both.
What Action Nissan Owners Need to Take
As the Court recently granted preliminary approval of the settlement, Nissan owners will receive a notice of the proposed settlement in the next month, likely by no later than early to mid-January 2022 as notice is being mailed by December 22, 2021.
If you do not receive a notice by then, you should visit the Stringer v. Nissan settlement website to get information on how to confirm if you were sent the settlement notice. You will then need to elect whether to participate in the settlement or opt out of the settlement. The notice of this settlement will list your deadlines to take action.
This deadline will likely be in early March 2022.
If you decide you want to bring your own claim, you can do so now and opt out when you receive notice. Or the class will be defined as those people who have not filed lawsuits or settled their claims and you will be automatically opted out of the settlement.