Amended Settlement in Klee v. Nissan

[Randy]

I am down two bars at 34K miles and 4 years & 2 months of ownership, so unfortunately I'm not expecting to lose another 2 bars within the next 10 months to qualify for the battery warranty replacement....

 

[TomT]

Yep, I might have extended my lease if I had been able to qualify for a new battery but such not being the case due to mileage, I elected to thumb my nose at Nissan and give the car back so that THEY can take a bath on it!

But the people who will really get screwed are the ones who will miss the fourth bar disappearing by a matter of weeks or months.

 

[TimLee]

...I elected to thumb my nose at Nissan and give the car back so that THEY can take a bath on it!
...

People interested in electric vehicles will NEVER forget how Nissan treated people.
I never owned a Nissan till 2009.
Overall pretty well done vehicles.

But I will never respond to anyone asking about the LEAF without first telling them how badly Nissan treated people with the LEAF.

Nissan will still be trying to live it down three decades from now.

 

[Stanton]

...I elected to thumb my nose at Nissan and give the car back so that THEY can take a bath on it! ...

People interested in electric vehicles will NEVER forget how Nissan treated people.
I never owned a Nissan till 2009.
Overall pretty well done vehicles.

But I will never respond to anyone asking about the LEAF without first telling them how badly Nissan treated people with the LEAF.

Nissan will still be trying to live it down three decades from now.

Then it's only fair that those who have/will get NEW (improved) battery packs from Nissan should say that as well; I assume you will NOT qualify for a pack (there's no "bar" data in your sig), so can also assume that's what you're unhappy about.
I have owned multiple Nissan cars (previously), and have nothing but good things to say about them; my Leaf experience is turning out the same way, especially since Nissan will "make good" on the battery pack.

 

[Stoaty]

I assume you will NOT qualify for a pack (there's no "bar" data in your sig), so can also assume that's what you're unhappy about.

Probably he is unhappy that Nissan made all kinds of claims about battery longevity which turned out not to be true, then weaseled out with a "settlement" that only covered a small portion of those affected... and he is not in that small portion.

 

[TomT]

+1!

People interested in electric vehicles will NEVER forget how Nissan treated people.

I will never respond to anyone asking about the LEAF without first telling them how badly Nissan treated people with the LEAF.

Nissan will still be trying to live it down three decades from now.

 

[TomT]

As he, and me, and many others, should be! Nissan lied and then did everything they could to cover it up and minimize their obligation to make it right! And whether new vehicle buyers realize it or not, they are also partially paying the price for Nissan's actions in terms of reduced residual amounts (driving up lease costs) and resale values...

Probably he is unhappy that Nissan made all kinds of claims about battery longevity which turned out not to be true, then weaseled out with a "settlement" that only covered a small portion of those affected... and he is not in that small portion.

 

[dgpcolorado]

I'd expect to at least get some sort of notification about changes in settlement terms.

The class members who didn't opt out will be included in the revised settlement:

This is a new Notice, sent only to those persons who validly excluded themselves from the Settlement. Settlement Class Members who did not previously exclude themselves from the Settlement are not receiving this Notice, but they will receiver the additional benefits described above in paragraph 4.

I find the letter I received and the terms of the revised settlement pretty offensive. But, then, I really hate class action suits that exist primarily to enrich lawyers who specialize in them and this is a prime example of the sort.

 

[leafkabob]

I got my letter today.

If you originally opted out of the settlement agreement on a car you no longer own that should still be under warranty, please find it in your heart to opt back in for the sake of whomever may have come to own it from herein. You already know that the B0133 blacklisting will follow it, making it near impossible for a future owner to get warranty relief, and that's not really fair. Even if you (and rightfully so) might be beyond caring about the whole mess at this point.

According to the definition of "Class" in the original lawsuit, it doesn't matter if the original owner opted out. If you own a 2011 or 2012 Leaf you are covered by the lawsuit and therefore will receive the benefits of the settlement (or amended settlement).
http://classaction.kccllc.net/Documents/NNK0001/NNK_NOT.pdf

You are a Settlement Class Member and part of the settlement if you are either a current or former owner or
lessee of a 2011-2012 Nissan LEAF™ vehicle in the United States and its territories, including Puerto Rico.

 

[mwalsh]

According to the definition of "Class" in the original lawsuit, it doesn't matter if the original owner opted out. If you own a 2011 or 2012 Leaf you are covered by the lawsuit and therefore will receive the benefits of the settlement (or amended settlement).

All good in theory, but I can foresee headache for any new owner rolling up on a dealership for warranty work only to find his car already blacklisted.

 

[leafkabob]

According to the definition of "Class" in the original lawsuit, it doesn't matter if the original owner opted out. If you own a 2011 or 2012 Leaf you are covered by the lawsuit and therefore will receive the benefits of the settlement (or amended settlement).

All good in theory, but I can foresee headache for any new owner rolling up on a dealership for warranty work only to find his car already blacklisted.

Any blacklisting that happened could only have applied to the owner, and not the car. Clearly, if an owner opted out of the settlement, then he/she does not get the benefits of the settlement. If a new owner shows up in a car that qualifies, but whose original owner opted out, they will get the benefit of the settlement. It shouldn't take too much to convince the dealer. Proof of ownership ought to do it.

 

[walterbays]

Any blacklisting that happened could only have applied to the owner, and not the car.

I agree with mwalsh. That's what you'd think in theory, but who knows how it will work in practice? In theory you'd think that a warranty given to all owners, unconditionally, without mention of any lawsuit, prior to any settlement, could not be retroactively taken away. But it was.

 

[QueenBee]

Any blacklisting that happened could only have applied to the owner, and not the car.

I agree with mwalsh. That's what you'd think in theory, but who knows how it will work in practice? In theory you'd think that a warranty given to all owners, unconditionally, without mention of any lawsuit, prior to any settlement, could not be retroactively taken away. But it was.

To be fair I don't think anyone has actually pushed Nissan on this issue by requesting they warranty a 4 bar loss battery on a car/owner that was blacklisted so it's very possible that they would still approve such a claim as they clearly should. I don't think we ever really got to the bottom as to why they marked our VINs but it may have just been legal maneuvering to help with settling the class action suit.

 

[Valdemar]

What if I prefer $50 worth of beer over 3 months of free charging? Personally, I will make every effort to make myself and my family to be free of Nissan products in the future because of how they handled this battery debacle.

 

[mwalsh]

To be fair I don't think anyone has actually pushed Nissan on this issue by requesting they warranty a 4 bar loss battery on a car/owner that was blacklisted so it's very possible that they would still approve such a claim as they clearly should. I don't think we ever really got to the bottom as to why they marked our VINs but it may have just been legal maneuvering to help with settling the class action suit.

We may not have had anyone who really pushed, but we've certainly had someone denied:

http://www.mynissanleaf.com/viewtopic.php?f=27&t=18214" onclick="window.open(this.href);return false;

 

[QueenBee]

To be fair I don't think anyone has actually pushed Nissan on this issue by requesting they warranty a 4 bar loss battery on a car/owner that was blacklisted so it's very possible that they would still approve such a claim as they clearly should. I don't think we ever really got to the bottom as to why they marked our VINs but it may have just been legal maneuvering to help with settling the class action suit.

We may not have had anyone who really pushed, but we've certainly had someone denied:

http://www.mynissanleaf.com/viewtopic.php?f=27&t=18214" onclick="window.open(this.href);return false;

Never heard how that ended though. They probably pushed and corporate approved it. Obviously just speculating but you'd think they would have updates if they didn't get a new battery.

 

[leafkabob]

Any blacklisting that happened could only have applied to the owner, and not the car.

I agree with mwalsh. That's what you'd think in theory, but who knows how it will work in practice? In theory you'd think that a warranty given to all owners, unconditionally, without mention of any lawsuit, prior to any settlement, could not be retroactively taken away. But it was.

How it works in practice is what the law says will happen. If you were offered a warranty by Nissan, they must honor it. I would love to hear from someone who says they were blacklisted and didn't get the benefit of the warranty. IF they received a letter from Nissan as many of you did in late 2012 (correct date, or was it spring 2013?) offering a battery warranty, then they cannot be denied. I suppose it is possible that someone who didn't get such a letter, and who opted out, may be denied, but I seem to recall that Nissan announced the warranty on this forum also. If so, then it is enforceable.

 

[TimLee]

Never heard how that ended though. They probably pushed and corporate approved it. Obviously just speculating but you'd think they would have updates if they didn't get a new battery.

Person was strangely missing from MNL after this last post:

I was thinking about going negative right away, and I still might, but the demand letter is a good idea.

It all depends on how deviant I feel on Monday morning :twisted:

FYI, I own four blogs, two websites, several active youtube channels, facebook accounts, twitter accounts, etc....

I also have two massive email lists that I communicate with 3 times a week that I could use to get my I JUST GOT SCREWED BY NISSAN message out into cyberspace.

My lists are comprised of almost 100 percent men, and since men buy lots of cars, this would probably be a good thing.

We'll see how I feel when I wake up on Monday morning.

Thanks

Never said how the demand letter worked out and never gave any links to the blogs to know what they said about Nissan.

At least they can opt in now and get the new battery if they still have the LEAF and did not get it already.

But if they did already get it they are likely silent because of an NDA Nissan required :shock:

 

[TimLee]

Then it's only fair that those who have/will get NEW (improved) battery packs from Nissan should say that as well; I assume you will NOT qualify for a pack (there's no "bar" data in your sig), so can also assume that's what you're unhappy about.
I have owned multiple Nissan cars (previously), and have nothing but good things to say about them; my Leaf experience is turning out the same way, especially since Nissan will "make good" on the battery pack.

If you have read the past couple pages you know I have lost two capacity bars.

But I would hope that those fortunate to get the new battery should easily recognize how unfair and unbalanced the settlement was in not being a prorated warranty.

Hopefully you will tell the whole story.

I am also irritated in how Nissan handled a written letter about an error by the Jacksonville options installer.
Basically said will do nothing for you because you might be lieing.

Nissan does not know how to treat customers.

Fortunately my local service dealer is better than Nissan.

 

[mwalsh]

Updated settlement page:

http://www.nissanleafsettlement.com" onclick="window.open(this.href);return false;

Updated (legal) settlement agreement:

http://www.nissanleafsettlement.com/Documents/NNK0001/2015%2003-06%20Amendment%20to%20Settlement%20Agreement%20-%20Fully%20Executed.pdf" onclick="window.open(this.href);return false;

Opt-in notice:

http://www.nissanleafsettlement.com/Documents/NNK0001/NNK_NOT_consent.pdf" onclick="window.open(this.href);return false;

Opt-in form:

http://www.nissanleafsettlement.com/Documents/NNK0001/NNK_CTJ_web.pdf" onclick="window.open(this.href);return false;