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Nissan Altima Transmission heard problems in court
Judge rules most claims against Nissan will continue based on Altima transmission problems.


Nissan Altima transmission issues, which has caused a class-action lawsuit, have passed legal patterns for the 2013-2014 Altima owners in California, New York and Pennsylvania.

The lawsuit alleges that the Continuously Variable Transmissions (CVTs) have defects that cause the vehicles to suffer from delayed acceleration when they enter traffic, pass another vehicle, and try to stop accelerate.

The Altima transmission problems were allegedly hidden by Nissan, although the automaker reportedly knew about the problems in 2012.

According to the plaintiffs, the transmission problems occur without warning and cause extreme safety risks for people and property, since the Altimas allegedly let engines turn on while the drivers operate the gas pedals. Altima drivers, however, complain that the cars are not gaining momentum as the CVTs "Upshifting and downshifting continuously"Without getting into a single gear.

Altima drivers claim that the cars jerk, slip, shake and crash while driving, but Nissan has failed to take meaningful action to solve the problem.

Although the automaker has issued technical service bulletins to dealers and has also created a voluntary service campaign for the cars, the claimants claim nothing has adequately repaired the CVT issues.

Nissan offered a free service campaign in September 2012 to upgrade its gearbox control units. "Improvement of transmission time" there "under certain unique driving conditions"The CVT belts could cause"a trembling or trembling, "

In addition, the automaker announced in October 2015 a TSB regarding the reprogramming of the transmission control modules due to "transmission noise (shake, shudder, single or multiple bumps or vibrations), "

About a month later, Nissan issued another TSB, telling dealers about a procedure for replacing the CVT assemblies. Then in December 2016, Nissan announced another voluntary service campaign, "CVT update from December 2016"Reprogramming the broadcasting software and in January 2017 added a change that"January 2017 CVT update, "

However, the plaintiffs claim that the transmission problems in the 2.5-liter four-cylinder cars persist.

Nissan filed a motion to dismiss the lawsuit and succeeded in persuading the judge to drop a Pennsylvania fraud waiver, a New York embezzlement claim and the New York General Sector 349.

The judge ruled in favor of the plaintiffs in relation to Pennsylvania's fraudulent eviction claims, express warranty claims, unfair competition law violations, and other claims.

The judge will also allow claims for violations of the Magnuson-Moss Warranty Act stating:A consumer who has been damaged by the failure of a supplier, guarantor, or service agreement partner to comply with obligations under this chapter, written warranty, implied warranty, or service agreement may claim damages and other legal and equitable relief, "

Nissan argued that these claims did not exist because the plaintiffs had not asserted any of their express or implied warranty claims. However, the judge ruled that the allegations of express and implied warranties persist, which automatically means that the Magnuson-Moss Warranty Act claims remain.

Judge William H. Orrick further stated that at that time, the claimants allege that Nissan was wrongfully enriched because of its alleged unlawful commercial practices.

The Nissan Altima Transmission lawsuit was filed in the US District Court for the Northern District of California – Cabebe vs Nissan of North America, Inc,

The plaintiffs are represented by Glancy Prongay and Murray LLP, and Greenstone Law APC,

CarComplaints.com has complaints about transmission problems in the 2013 Nissan Altima and 2014 Nissan Altima,

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SOURCES: CARSCOOPS BMWBLOG MOTORAUTHORITY
CLASSICCARS MOTOR1 JALOPNIK FOURTITUDE INSIDEEVS
DUPONTREGISTRY AUTONEWS OLDCARSWEEKLY
INDIANAUTOSBLOG CARCOMPLAINTS LUXUO AUTOPARTSWAREHOUSE
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