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Nissan Leaf Battery Life Class Action Lawsuit Print Email
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Thursday, 27 September 2012 12:08
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Nissan Leaf Battery Life Class Action Lawsuit

By Mike Holter

 

Nissan LeafA federal class action lawsuit accuses Nissan of concealing that its Leaf vehicles have a design defect that causes them to prematurely lose battery life and driving range.

California Plaintiff Humberto Klee says Nissan advertises the Leaf’s driving range at 100 miles or less, depending on a number of variables such as road conditions and the weather. What Nissan doesn’t disclose in its advertising, however, is that the advertised driving range is based on the vehicle’s performance only after charging the battery to 100% capacity – which Nissan tells owners not to do because it could cause battery damage, the Nissan Leaf class action lawsuit says.

“Before purchase or lease, Nissan failed to disclose its own recommendations that owners avoid charging the battery beyond 80% in order to mitigate battery damage and failed to disclose that Nissan’s estimated 100 mile range was based on a full charge battery, which is contrary to Nissan’s own recommendation for battery charging,” the Nissan Leaf battery class action lawsuit says.

“Consumers thus were misled by Nissan’s representations regarding driving range without being aware that these ranges were only achievable by charging the battery in a manner contrary to Nissan’s own guidance.”

Nissan also failed to disclose and/or intentionally omitted to reveal a design defect in the Leaf’s battery system that causes the Leaf to suffer “widespread, severe and premature loss of driving range, battery capacity and battery life,” the class action lawsuit continues.

The Nissan Leaf class action lawsuit is brought on behalf of a proposed Class of all California and Arizona consumers who purchased or leased any 2011 through 2012 Nissan Leaf vehicle. It is asking, among other things, that Nissan remove and replace Class Members’ battery systems with a suitable alternative product, reform its Leaf battery warranty, cover the loss of battery capacity under warranty, and reimburse Class Members for any repairs made. Klee is alleging violations of California’s Consumer Legal Remedies Act, Arizona’s Consumer Fraud Act and Unfair Business Act, negligent misrepresentation, and breach of Implied Warranty under the Song-Beverly Consumer Warranty Act.

A copy of the Nissan Leaf Battery Life False Advertising Class Action Lawsuit can be read here.

The case is Humberto Daniel Klee, et al. v. Nissan North America, Inc., et al., Case No. 12-cv-08238, U.S. District Court, Central District of California, Western Division. The Plaintiffs are represented by Jordan L. Lurie, Andrew Sokolowski and Tarek Zohdy of the Initiative Legal Group, APC.
 

 

Updated September 27th, 2012

 

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Last Updated on Thursday, 27 December 2012 11:09

Comments   

 
#9 MyLeaf 2013-05-16 17:29
As of December 27, 2012 in a letter from Andy Palmer, executive vice president of Nissan Motor Co., “Nissan will protect against capacity loss in Leaf batteries that fall below nine bars, of the available 12 bars displayed on the vehicle’s battery capacity gauge, for the first five years or 60,000 miles in the United States, whichever comes first. For Leaf vehicles whose batteries have fallen below nine bars during this period, Nissan will repair or replace the battery under warranty with a new or remanufactured battery to restore capacity at or above a minimum of nine bars." Where's the beef Andy? It's Spring Time and no letters or wordk of when will be implementing this Warranty? Another Leaf Owner just lost another bar and is down to 8 bars. http://www.mynissanleaf.com/wiki/index.php?title=Real_World_Battery_Capacity_Loss
 
 
#8 mike 2013-04-21 18:57
I bought a NEW 2011 Nissan Leaf in March 2012. We noticed right a way that we only got 50 miles on a charge and not the 75 to 100 Nissan claimed. Local dealer says everything is ok with car. After putting only 3300 miles on the car we lost 1 dot/bar off the battery capacity gauge. This indicates that 15% of the battery storage capacity is gone. Contacted nissan customer service and complained. There response was to determin why I was complaining that my battery was not recharging at home but recharged ok at the dealer. Nissan needs to admit that they were neglant in not supplying a thermal managment sytem for these batteries and service these batteries!!!!
 
 
#7 Yolie 2013-03-09 01:01
I purchased a 2011 lease return in Oct 2012. And I'm currently 6 months pregnant and have been stranded twice. Due to the false milage. I am trying to return the leaf took it to the dealer I bought it from they want to only trade me for another vehicle in their lot but for 11,259 less then what I paid for the vehicle. Ive only had it for 4 months and have put 4,000 miles on the vehicle.
I went to carmax they want to give me 18,000 for it I paid 29,259 after financing including $8,000 cash down payment. I went to a nissan dealer near my home they will only give me 16500 if I trade it for another vehicle or 15,000 if I dont trade the vehicle. Thats a 14,259 loss in 4 months.
I dont want to lose that much so I'm holding off until maybe a private buyer wants it. Or I file a lawsuit with Nissan. Sad Nissan Leaf owner.
 
 
#6 GEORGE A SANDOVAL 2013-03-01 10:51
My Nissan Leaf has lost between 20 and 30% of range since new. I had my battery checked by a Nissan specialist and was told it was OK. He also told me that this car was not intended to be used in hilly conditions, and was meant to be used only in basically flat areas. I have a chart in which he noted todays range, which is a total contradiction to what was advertized and Iwas told when I leased this vehicle.
 
 
#5 Warren 2013-02-27 03:08
I purchased a LEAF in October 2012. The dealership had me sign some approx 5 page long legal battery agreement. Does this preclude me from entering into a class action suit? If not, please email me back!
 
 
#4 Mark L 2013-02-12 01:34
I also own a Leaf that has loss 30 % of its charge capacity..
 
 
#3 Rick 2012-11-25 01:32
I am extremely disappointed that Nissan won't "step up to the plate". Their Leaf car was represented as having 100 miles range on some bogus test they referred to in their sales pitch. After purchase, EPA rated the Leaf's range at 73 miles. My Leaf has a range of less than 50 miles, with less than 9000 miles on the odometer and a year and a half of ownership. I am a conservative driver. Nissan corporate told me that my range problem was probably low tire pressure. How absurd! The Leaf has an alert system for low tire pressure, yet they tried to sweep the battery issue under the carpet by blaming the tires! I too will soon have a paperweight in my garage. Palm Springs is in a hot climate, and my leaf was purchased here. Nissan knows of the battery degradation situation yet continues to deny the existence of any problem or offer any relief or solution to Leaf owners. This is wrong!!! Nissan.....fix this and make your Leaf buyers whole!
 
 
#2 Nissan Sucks 2012-10-11 17:08
Its time Nissan comes forward with some free bus passes.
 
 
#1 MyLeaf 2012-09-28 16:08
Finally, LEAF owners have help to fight Nissan's Corporate Bureaucracy!
 

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