Form Letter to "Opt Out" of the Nissan Class Action by Oct28

[Vuman]

All of you who don't live in TX and AZ -- forgetaboutit. You will never qualify for anything. Warranty or class.

Iletric,

You can stay in the lawsuit if you want, gain nothing by staying in, actually lose rights to future action. I and others will opt-out, will not lose our degradation 4 bars within 5yr/60,000k warranty because we already have it (its an empty threat to try to remove a warranty, they will run into other legal problems if they tried). We will try to stop this lawsuit, may be try to get a better warranty, or to get Nissan to guarantee us in TX and AZ and others the "heat-resistant" battery they are working on. Maybe get Nissan to have a better plan like a purchase price for the battery pack rather than this $100/month rental to address the battery degradation problem for all drivers.

Iletric, let me state again, you and every single 11/12 Leaf owners now have the 5yr/60,000K battery warranty extended to us in June. I went to Nissan dealer yesterday, pulled up the warranty by my VIN and it is there. Go check it out if you want. There is no reason for this Class Action to move forward! None! I take it back, none for us that is. The only 3 parties to profit or benefit for this suit going forward are:
1. The two Class Representatives who will get $5000 each.
2. Nissan who will be protected from any further legal actions from people who stay opted-in.
3. The Class Action Lawyers who will get 1.9 Million dollars. Lawyers who "MAY HAVE BREACHED THEIR FIDUCIARY DUTY IN FAILING TO TAKE REASONABLE STEPS IN LOOKING OUT FOR THE BEST INTERESTS OF THE CLASS THEY CLAIM TO REPRESENT AS A WHOLE, AND AND MAY BE GUILTY OF SELF DEALING." (I will credit JimSouCal)

Also, this current battery warranty is not as great as you think. Most people in moderate climate will not benefit as their batteries will not degrade fast enough to trigger the warranty.
The warranty is not good for me either in Phoenix. I'm at 10 bars in 10 months and 14,700 miles. Will hit 8 bars next summer. Per this warranty, Nissan is only obligated to restore me to 9 bars at the end of the warranty. Worse case scenario for me which could happen, I have a car with 70% battery in year 5. I will be at 50% in year 6 or 7, which is a far cry from the "about 30% degradation by year 10" that Nissan was promoting early on.

These are some of the reasons why I and others are opting-out, to fight this and get a better resolution to this battery issue. Iletric, What are your reasons to stay in this lawsuit? If this lawsuit is stopped in its track right now, we all still have the 5yr/60,000mile 4 bar lost warranty and not lose our rights to seek a better resolution from Nissan.

 

[nosuchthing]

Still, Nissan has cleverly structured the warranty such that most will miss it.

Exactly my point. Also, by TX and AZ I mean all the hot states. That's implied.

My wife will just keep grumbling and drive our Sparky for longer trips until Nissan finally releases a new/denser/heat-resistant batt tech for a decently-priced swap and this whole chapter will finally be behind us.

The sooner the better, Nissan!

 

[Vuman]

Still, Nissan has cleverly structured the warranty such that most will miss it.

Exactly my point. Also, by TX and AZ I mean all the hot states. That's implied.

My wife will just keep grumbling and drive our Sparky for longer trips until Nissan finally releases a new/denser/heat-resistant batt tech for a decently-priced swap and this whole chapter will finally be behind us.

The sooner the better, Nissan!

Iletric, I ask again, what is your reason to stay in the lawsuit.

 

[surfingslovak]

Also, by TX and AZ I mean all the hot states. That's implied.

Florida is not exactly hot, and neither is Hawaii. It might be good to start calling it "warm climates". If you are hoping to be given an upgrade path to the new heat-resistant battery, possibly at a discount from the (still non-existent) retail price, it might be wise to start greasing the wheels and priming the pump. Unless you were content with the $100/month rental scheme, of course.

 

[voltswagon]

(2 ) [name]
[address]

[date]

Nissan Leaf Settlement Administrator
P.O. Box 43191
Providence, RI 02940-3191

(1) Re: Humberto Daniel Klee and David Wallak, individually, and on behalf of a class of similarly situated individuals v. Nissan North America, Inc., Civil Action CV 12-08238.

(7) I do not wish to be a Settlement Class Member and want to be excluded from the Klee & Wallak Settlement. My reason for wanting to be excluded from this settlement is that the settlement does not address the misrepresentations of Nissan North America as to the real-world driving range of the vehicle when Nissan’s charging guidance to 80%, and the loss of battery capacity over the life of the battery are considered. The manufacturer openly represented an operating range of 100 miles for the 2011 Nissan Leaf while obscuring their recommendations to 80% battery charging. Second, the 100 mile range claims were not tempered by the expected average range of the vehicle to 70% original capacity at 10 years of operation. Considering these factors together gives that vehicle a practical range of 55 miles over the usable life of the vehicle. Real world experience has also shown that a reduction to 70% of original charge capacity can onset much sooner than 10 years of use. The operational range difference between the advertised 100 miles and real world experience represents material damage to each of the class participants regardless of their current range capacity or their expected charge capacity at 5 years / 60,000 miles. This damage is not addressed in this settlement. Furthermore, driving a Nissan Leaf until it identifies only 8-capacity bars ignores the impracticality of using a vehicle that has already sustained 2 or 3 bars of capacity loss. The degradation at 9-bars of is severe enough to render the car impracticle for most drivers to continue to operate.

(8) I have made no other objections against any class actions lawsuits in the previous 5 years
(9) I will not appear at the Fairness hearing; I will not be represented by other counsel
(10) No persons will be called upon by me in support of my objections

(2) [name] [phone number]
[address]

(3) [vehicle year and model #]
(5) VIN: [VIN number]
(6) Mileage: [mileage]
(4) Purchased: [approximate purchase date]. [whether vehicle is owned or leased]


[signature]

 

[donald]

Nissan has cleverly structured the warranty such that most will miss it.

Never assume malice where incompetence is the alternative explanation!

Would Nissan really aim to screw with their customers on such a delicate phase of a new product introduction?

It seems to make perfect sense to me to do everything possible to avoid legal shenanigans whilst the company is not yet offering the solution, rather than a pay-off. Let them figure out how to make and fix the product right, first.

 

[surfingslovak]

Never assume malice where incompetence is the alternative explanation!

Yes, I try to make that my motto also.

Would Nissan really aim to screw with their customers on such a delicate phase of a new product introduction?

It seems to make perfect sense to me to do everything possible to avoid legal shenanigans whilst the company is not yet offering the solution, rather than a pay-off. Let them figure out how to make and fix the product right, first.

Would it be reasonable to say that not owning a LEAF, and living outside US jurisdiction gives a different perspective on this matter?

 

[TomT]

Also not true in certain parts of California. Many are on-track to loose the 9th bar before 5/60...

All of you who don't live in TX and AZ -- forgetaboutit. You will never qualify for anything. Warranty or class.

 

[LTLFTcomposite]

Still, Nissan has cleverly structured the warranty such that most will miss it.

I don't think of owning a product that performs without needing warranty repairs as having missed out on something.

You could say they cleverly engineered the car so that most customers won't need to have repairs covered by the warranty.

 

[mwalsh]

Agree with Stoaty...warranty was engineered so that "warm climate" owners would likely miss out entirely, despite being past pack EOL way before Nissan originally projected.

 

[Vuman]

This will be my #7 in my opt-out letter:

My reason for wanting to be excluded from this settlement is that when I first brought my Leaf in December of 2012 here in Phoenix, Nissan had advertised in ads on television, paper ads and by their salesmen as a car with 100 mile range and their battery "will degradation only about 30 percent in 10 years". It is now 9 months and 14,800 miles later, I am already down to 10 bars, which is about a 21% degradation. By next sumner, I will be well above 30% degradation in just 2 years. This clearly is well below expectations of what Nissan was hoping the battery will perform in hot weather climate. This clearly indicates a poorly designed battery. This warranty, at best, only guarantees me a replacement of my current battery with the same poorly designed battery that will degrade 30% within 2 years again. In a worst case scenario, at the end of the 5yr or 60,000 mile warranty, Nissan is only obligated to restore my battery to 9 bars or about 70% capacity. This is 5 years short of the 10 years 30% degradation that Nissan was promoting early on. Considering that my battery has already degraded over 20 percent in just 9 short months, my battery will be under 50 percent by year 6, leaving me with less than 50 mile range. By year 10, my little boy should be old enough to push me in my Leaf around the drive-way.

I also object the actions of the Plaintiffs Counsel as I feel that they are not acting in the best interests of all the Class Members. In fact, I feel that proceeding with this Class Action is harmful to most 2011/12 Leaf owners. There is no longer a need to proceed any further with this lawsuit because Nissan has already given all Leaf owners the 5yr/60,000 mile battery warranty in June of this year. The only parties to benefit from this case going forward are: Nissan, who will be "released" from future lawsuits in regards to the battery degradation issue and an obligation to provide a better solution, and the Plaintiffs Counsel who will be compensated 1.9 million dollars. The only party that will suffer will be the Class as they will lose their right to hold Nissan more accountable for producing such a poorly designed battery. This 5yr/60,000 mile battery warranty will be insufficient for me by year 6 or 7 compared to what Nissan and local dealers were promoting early on about the battery degrading only 30 percent in 10 years.
----------
Guys, my letter to the State Attorneys in Arizona and California will be very similar to the above except its going to have a lot stronger language on Nissan and those lawyers who are failing in the fiduciary duty to protect the class for their own benefit. Again I urge you all to also write to your State Attorney and California's State Attorney as well.

Also, I still haven't seen anyone's reason for staying opt-in. Please enlighten me.

 

[Weatherman]

Also, I still haven't seen anyone's reason for staying opt-in. Please enlighten me.

Opt in (in effect, do nothing).

Simple reason... Even with less than 70% of its original battery capacity, the LEAF will meet my daily driving needs for the remainder of the lease (21 more months). There's a very good chance I'll reach 8 bars before the lease expires. At that point, Nissan will give me a new battery for the last, few months of the lease (or, maybe, take the car back and release me from the final months of my lease obligation).

At the end of the lease, I'm done with the LEAF and Nissan and will never buy or lease another Nissan car again.

 

[TomT]

I'm pretty much in the same leaking boat... I expect to hit 8 bars about four months before my lease is up... However, I don't believe that opting either in OR out will make any difference in the warranty coverage...

There's a very good chance I'll reach 8 bars before the lease expires. At that point, Nissan will give me a new battery for the last, few months of the lease (or, maybe, take the car back and release me from the final months of my lease obligation). At the end of the lease, I'm done with the LEAF and Nissan, and will never buy or lease another Nissan car again.

 

[Vuman]

Also, I still haven't seen anyone's reason for staying opt-in. Please enlighten me.

Opt in (in effect, do nothing).

Simple reason... Even with less than 70% of its original battery capacity, the LEAF will meet my daily driving needs for the remainder of the lease (21 more months). There's a very good chance I'll reach 8 bars before the lease expires. At that point, Nissan will give me a new battery for the last, few months of the lease (or, maybe, take the car back and release me from the final months of my lease obligation).

At the end of the lease, I'm done with the LEAF and Nissan and will never buy or lease another Nissan car again.

You will not lose the warranty, it's an empty threat to keep you in this lawsuit to lose your further rights to make Nissan more accountable for their battery. I will call 1-800-Nissan1 to confirm. Mike is talking to his lawyer today to confirm also.

 

[Stoaty]

You will not lose the warranty, it's an empty threat to keep you in this lawsuit to lose your further rights to make Nissan more accountable for their battery. I will call 1-800-Nissan1 to confirm. Mike is talking to his lawyer today to confirm also.

Weatherman won't lose the warranty, but he has nothing to gain by opting out. The clock is ticking and he will be out in 21 months. It is the purchasers who have something to gain. After further work on the Battery Aging Model, and as one who purchased the Leaf, I have changed my mind and will probably opt out. I can't change my vote in the poll, though.

 

[Weatherman]

You will not lose the warranty, it's an empty threat to keep you in this lawsuit to lose your further rights to make Nissan more accountable for their battery. I will call 1-800-Nissan1 to confirm. Mike is talking to his lawyer today to confirm also.

I really have no interest in what Nissan does, or doesn't do with the LEAF. The free market will dictate their actions, not lawsuits. If their product is defective, it won't sell (or won't be profitable), and they will abandon it.

The nice thing about the free market is that I have a choice of which EV (or PHEV, or EREV) I can buy. If Nissan makes a defective product, I can always go to GM, instead (if I lived in a CARB state, I'd have even more choices). Nissan isn't the only game in town, and if they drop out of the EV race, it won't make much difference at all. If EVs are a viable product, other car makers will be eager to pick up the slack, and Nissan's EV program will be left in the dust to die just like Blackberry.

 

[mwalsh]

Nissan is being responsive...to the benefit of FUTURE owners, and will have a better product for it.

But it comes on the backs of those of us who have gone before. And this isn't just some $200 phone we can toss in the recycling bin at Best Buy.

Bottom line to me is that Nissan only has a better product because of our pains, and for that they owe us. But what? I've not seen anyone much ask for free stuff. All we've asked for is replacement packs, affordably priced. If GM can do it, Nissan can do it.

 

[Vuman]

You will not lose the warranty, it's an empty threat to keep you in this lawsuit to lose your further rights to make Nissan more accountable for their battery. I will call 1-800-Nissan1 to confirm. Mike is talking to his lawyer today to confirm also.

Weatherman won't lose the warranty, but he has nothing to gain by opting out. The clock is ticking and he will be out in 21 months. It is the purchasers who have something to gain. After further work on the Battery Aging Model, and as one who purchased the Leaf, I have changed my mind and will probably opt out. I can't change my vote in the poll, though.

Weatherman HAS NOTHING to gain by opting in. You are wrong that Weatherman has nothing to gain by opting out. He will retain his legal rights to join any other lawsuits against Nissan. What if we who opt-out join another lawsuit and was able to say get Nissan to replace our battery with the more "heat resistant" battery they are working on, or get financial relief for people who leased a car with a poorly designed battery. Weatherman, this stupid warranty does NOT guarrantee you a new battery when you hit 8 bars. Nissan is only obligated to get you to 9 bars or better, meaning, they will change out a few modules of the battery if you are near the end of the lease or if you are near the end of the warranty.

 

[Weatherman]

Nissan is only obligated to get you to 9 bars or better, meaning, they will change out a few modules of the battery if you are near the end of the lease or if you are near the end of the warranty.

Certainly possible.

But the battery replacement, if it comes before the end of the lease will be right before temperatures start climbing again in the spring and early summer of 2015. Summer starts early, down here. It's not unusual to get temperatures in the 90s in late February and March. If Nissan really wants to replace the battery multiple times, as each replacement degrades rapidly in the South Florida heat, then, I say, go for it. Have fun spending money on shipping and labor costs for multiple replacements.

I think a more likely outcome is that they will give me a new battery (probably one of their fancy "hot batteries", if they are available) and leave it at that. My preference, of course, is that they not replace the battery, at all, and simply take the car back. I will, definitely, present them with that option, when the time comes.

 

[Vuman]

Nissan is only obligated to get you to 9 bars or better, meaning, they will change out a few modules of the battery if you are near the end of the lease or if you are near the end of the warranty.

Certainly possible.

But the battery replacement, if it comes before the end of the lease will be right before temperatures start climbing again in the spring and early summer of 2015. Summer starts early, down here. It's not unusual to get temperatures in the 90s in late February and March. If Nissan really wants to replace the battery multiple times, as each replacement degrades rapidly in the South Florida heat, then, I say, go for it. Have fun spending money on shipping and labor costs for multiple replacements.

I think a more likely outcome is that they will give me a new battery (probably one of their fancy "hot batteries", if they are available) and leave it at that. My preference, of course, is that they not replace the battery, at all, and simply take the car back. I will, definitely, present them with that option, when the time comes.

Weatherman, I hear possibly, hopefully, my preference. Opting-in, you lose all control and are at Nissan's mercy for whatever they decide. Opting-out, I at least have the option to pursue Nissan to give us a more appropriate response than this warranty and $100/month battery rental.