Sarah Mirando  |  September 27, 2012

Category: Consumer News

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Nissan LEAF settlementUPDATE 2: An objection has been filed in connection with the settlement. Read it here.

UPDATE 1: Nissan has agreed to a class action lawsuit settlement that will extend warranty coverage for Nissan LEAF batteries.

A 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.

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24 thoughts onNissan Leaf Battery Life Class Action Lawsuit

  1. Veronica Lakewood says:

    At first, I thought this was a good vehicle, but no, it’s not ! I have a 2018 Nissan leaf. It has three 36000 miles on it. I can’t believe how you get in the car and it says you have 140 mile range. You might get 70 and that’s if it’s not too cold. I was on the road the other day and it went to flashing turtle mode and I had to pull over and completely missed my appointment…. It is my contention that the Nissan leaf having no thermal management has battery degradation due to the weather out here in Texas. We have unbelievable heat out here and I think that pretty much fries the battery. In order to drive this car I have to leave the heater off the air conditioner is garbage. You’re rolling down the road and you’re just boiling or in the winter time you’re just cold. Because if you want it anywhere, if you wanna have any range, you can’t turn those things on. How do I get to be a part of this lawsuit because I’m losing a lot of money on this car. I paid big bucks for this car and I’m upside down in it. Honestly, I gotta get away from this car really fast because I can’t make my appointments. I can’t go to job interviews. You know I got a plan. Everything around where I can charge at. There needs to be a reckoning for what Nissan has done here.

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