Amended Settlement in Klee v. Nissan

[Nubo]

My thoughts are that it's taken forever for the class action to come to conclusion. What's the opt-out plan? Personally file a separate suit? Not sure how it could possibly be worth the time and hassle. But I have a very low tolerance of bureaucracy and legal wrangling.

Unless the amended settlement allows claimants to opt out, you are too late. That had to be done prior to the original court date.

As one who opted out, there are options available to me that members of the class lost.

I wasn't asking about my options. I'm curious as to what motivates those who have opted out. What are your options, what makes them superior to the class settlement, and how much personal time and effort will you need to expend to secure them?

 

[Stoaty]

I'm curious as to what motivates those who have opted out. What are your options, what makes them superior to the class settlement, and how much personal time and effort will you need to expend to secure them?

Speaking only for myself:

--I figure I have zero chance of getting any benefit from the class settlement. I am not going to lose 4 bars by 5 years
--Hence, no reason to stay in, will have more options in the future if I elect to pursue them

 

[JeremyW]

I figure I have zero chance of getting any benefit from the class settlement. I am not going to lose 4 bars by 5 years.

What I thought at the time. I probably would lose 4 bars in 5 years now, as I'm inching closer to my 3rd bar loss in 30k miles. However, Nissan's actions have soured me on the whole brand, and I've moved on. Thankfully, I leased. The car goes back in September (sans aftermarket charger, of course :roll: )

 

[Armand]

I'm curious as to what motivates those who have opted out. What are your options, what makes them superior to the class settlement, and how much personal time and effort will you need to expend to secure them?

Speaking only for myself:

--I figure I have zero chance of getting any benefit from the class settlement. I am not going to lose 4 bars by 5 years
--Hence, no reason to stay in, will have more options in the future if I elect to pursue them

Ditto here. How about we collaborate on a small claims court package, then we synchronize the filings. Even if we all fail, it will send a strong message. Get the press involved. Leverage social media. We may be too small a group for a class action but we don't need that to make our voice heard.

 

[Stoaty]

Ditto here. How about we collaborate on a small claims court package, then we synchronize the filings. Even if we all fail, it will send a strong message. Get the press involved. Leverage social media. We may be too small a group for a class action but we don't need that to make our voice heard.

I am waiting to see how long it takes me to get to 66.25% (4 bar loss). If it is 7.5-8 years, I will accept it. If a lot sooner, I might be interested.

 

[Valdemar]

Ditto here. How about we collaborate on a small claims court package, then we synchronize the filings. Even if we all fail, it will send a strong message. Get the press involved. Leverage social media. We may be too small a group for a class action but we don't need that to make our voice heard.

I am waiting to see how long it takes me to get to 66.25% (4 bar loss). If it is 7.5-8 years, I will accept it. If a lot sooner, I might be interested.

I probably won't have a chance to get back at Nissan as I didn't opt out but I'm thinking in terms of miles, but if I can get to 120,000 miles on the original pack which will happen at about 6 years in provided my commute doesn't change I will be if not happy but at least not too angry at Nissan for giving out false information about battery longevity. I don't know when the pack will fall off the cliff, but if the degradation remains more or less linear for next 2.5 years I think it is totally doable thanks to the abundance of quick charging stations along my commute. My trip home from work takes an hour, so stopping for 10-15 minutes at a QC station doesn't add much in relative terms.

 

[oakwcj]

The new settlement notice with an opt-in form came in the mail today. The deadline for submitting the form by mail or online is April 30, 2015. If you don't want to opt back in, you don't have to do anything. The terms of the settlement are exactly the same we were told about at the beginning of this thread. I will probably stay out of the settlement for aesthetic reasons. There is no chance that I'll qualify for the capacity warranty and I've only QC'd about 25 times in four years, so the card wouldn't provide me much value. But it is a welcome development for people who opted-out impulsively and might have cost themselves the chance to get a free lizard battery. Maybe I should move to Phoenix for a year.

 

[Valdemar]

The new settlement notice with an opt-in form came in the mail today. The deadline for submitting the form by mail or online is April 30, 2015. If you don't want to opt back in, you don't have to do anything. The terms of the settlement are exactly the same we were told about at the beginning of this thread. I will probably stay out of the settlement for aesthetic reasons. There is no chance that I'll qualify for the capacity warranty and I've only QC'd about 25 times in four years, so the card wouldn't provide me much value. But it is a welcome development for people who opted-out impulsively and might have cost themselves the chance to get a free lizard battery. Maybe I should move to Phoenix for a year.

Does it say that those who didn't opt out initially can do so now?

 

[TimLee]

The new settlement notice with an opt-in form came in the mail today. The deadline for submitting the form by mail or online is April 30, 2015. ...

Wow, another chance to gamble just like purchasing a 2011 Nissan LEAF :shock: :?

With having lost two capacity bars around 25,000 miles and being pre-3227 messed up software change and my four year anniversary being May 17, chances I will lose four bars and have P3227 done by the five year anniversary are probably less than 5%.

But staying Opted Out offers little more than a Pyhrric Victory.

Such a mess Nissan has made

 

[Armand]

The new settlement notice with an opt-in form came in the mail today. The deadline for submitting the form by mail or online is April 30, 2015. If you don't want to opt back in, you don't have to do anything. The terms of the settlement are exactly the same we were told about at the beginning of this thread. I will probably stay out of the settlement for aesthetic reasons. There is no chance that I'll qualify for the capacity warranty and I've only QC'd about 25 times in four years, so the card wouldn't provide me much value. But it is a welcome development for people who opted-out impulsively and might have cost themselves the chance to get a free lizard battery. Maybe I should move to Phoenix for a year.

Does it say that those who didn't opt out initially can do so now?

No. It's specifically addressed to those who opted out.

 

[dgpcolorado]

...I will probably stay out of the settlement for aesthetic reasons. There is no chance that I'll qualify for the capacity warranty...

No letter yet but I was thinking about doing the same. But I suppose it might be worth getting the $50, since there are no QC stations here and my car doesn't have a DCFC port anyway.

I wonder what the chances of getting the $50, as opposed to a completely useless QC card, really are? Might be interesting finding out. I note that $50 is less than 1% of the cost of a replacement battery pack...

 

[mwalsh]

I got my letter today.

At this point, I'm probably going to roll the dice and opt back in. I very much like the fact that the class now benefits from a brand new 2015 "Lizard" battery pack rather than an old rebuilt or refurbished one (at Nissan's discretion). It's a minor bother that the wording is somewhat different than first reported, in that it seemed to originally state that we would receive the current technology applicable to our cars (which in all likelihood would still have been the 2015 pack in 2016/2017, but you never know), but that's fine.

Another thing that bothers me, and has always bothered me if I'm honest, is this whole idea that if a settlement agreement is still NOT reached (or for that matter if you opted out of the settlement), you get none of the benefits associated with it. Nissan has been giving the main benefit now associated with the settlement agreement without their being an actual settlement all-along and, in my opinion, has lost any right to decline giving this particular warranty benefit to ANYONE who owns a 2011/2012 LEAF that would still otherwise be under warranty. ANYONE. This will probably stick in my craw until the end of time itself.

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.

 

[QueenBee]

Part of me wants to not opt back in for one of the main reasons I opted out to begin with. AFAIC I have already received the main benefit of the lawsuit, that being the capacity warranty which was given to me by mail with no indication that it was subject to me accepting the settlement. AFAIC there are three capacity warranties. The one Nissan proactively gave us. The one which may or may not come as the result of the settlement and the one that comes with every new LEAF.

Had Nissan not put the mark on my vin I'd probably still stay opted out as it would be a bit of work to sue them with the legal reasoning that I recieved the warranty with no restriction that I accept the class action law suit. At the rate of decline that I have been experiencing since I started tacking with LEAFSpy I'm going to come somewhat close to qualifying which to me is really disappointing considering that I live in the PNW and had been charging with an 80% end timer for most of the cars life with the idea that it would slow the capacity decline.

 

[Valdemar]

Anyone here who didn't opt-out originally? Did you receive any correspondence wrt the amended settlement? I've got nothing so far.

 

[mwalsh]

Anyone here who didn't opt-out originally? Did you receive any correspondence wrt the amended settlement? I've got nothing so far.

This only appears to address those who did opt-out originally.

 

[Valdemar]

Anyone here who didn't opt-out originally? Did you receive any correspondence wrt the amended settlement? I've got nothing so far.

This only appears to address those who did opt-out originally.

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

 

[oakwcj]

Part of me wants to not opt back in for one of the main reasons I opted out to begin with. AFAIC I have already received the main benefit of the lawsuit, that being the capacity warranty which was given to me by mail with no indication that it was subject to me accepting the settlement. AFAIC there are three capacity warranties. The one Nissan proactively gave us. The one which may or may not come as the result of the settlement and the one that comes with every new LEAF.

Had Nissan not put the mark on my vin I'd probably still stay opted out as it would be a bit of work to sue them with the legal reasoning that I recieved the warranty with no restriction that I accept the class action law suit. At the rate of decline that I have been experiencing since I started tacking with LEAFSpy I'm going to come somewhat close to qualifying which to me is really disappointing considering that I live in the PNW and had been charging with an 80% end timer for most of the cars life with the idea that it would slow the capacity decline.

The fact that cars in the PNW and the Bay Area might come "somewhat close" to losing 4 bars in five years demonstrates how completely bogus the soothing "80% capacity after five years" was. It appears that virtually nobody in North America is going to have 80% capacity after five years. The settlement has actually made it more beneficial to live in a hot climate than in a temperate one. 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]

...It appears that virtually nobody in North America is going to have 80% capacity after five years. The settlement has actually made it more beneficial to live in a hot climate than in a temperate one. 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.

That is why Nissan and the courts should be so ashamed of such settlements.
To let two plaintiffs from a hot area and who do not represent the losses of 70% of the class is downright shameful.
The judge who no longer has a LEAF recognized that as did everyone in the seminar on the problems with class actions.
Just shameful.

 

[QueenBee]

Part of me wants to not opt back in for one of the main reasons I opted out to begin with. AFAIC I have already received the main benefit of the lawsuit, that being the capacity warranty which was given to me by mail with no indication that it was subject to me accepting the settlement. AFAIC there are three capacity warranties. The one Nissan proactively gave us. The one which may or may not come as the result of the settlement and the one that comes with every new LEAF.

Had Nissan not put the mark on my vin I'd probably still stay opted out as it would be a bit of work to sue them with the legal reasoning that I recieved the warranty with no restriction that I accept the class action law suit. At the rate of decline that I have been experiencing since I started tacking with LEAFSpy I'm going to come somewhat close to qualifying which to me is really disappointing considering that I live in the PNW and had been charging with an 80% end timer for most of the cars life with the idea that it would slow the capacity decline.

The fact that cars in the PNW and the Bay Area might come "somewhat close" to losing 4 bars in five years demonstrates how completely bogus the soothing "80% capacity after five years" was. It appears that virtually nobody in North America is going to have 80% capacity after five years. The settlement has actually made it more beneficial to live in a hot climate than in a temperate one. 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.

Yep, the fact that I'm at 81% after 3 years and ~7.5 months and almost 40k miles when I was expecting to do much much better than 80% after 5 years is what makes me so disappointed in this. :/ Sure I knew there was some risk but Nissan tested in Phoenix and made all sorts of big claims about not needing thermal management, etc.

 

[ttweed]

I got the letter and am opting back in, as there is a slight chance I might qualify for the warranty. It is maddening that our car has lost 30% of its capacity in less than 4 years in a mild climate, when Nissan sold it to us with the claim that it would be 8 years before we would see that kind of degradation, but when we bought it, they made it clear that capacity was not warranted in any way, and we knew we were rolling the dice in the sense of being early adopters when there was no historical record of performance to go on.

TT