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1 Shimon Yiftach (SBN 277387) Bronstein Gewirtz & Grossman 2 1925 Century Park East, Suite 1990 Los Angeles, CA 90067 3 T: (424) 322-0322 F: (212) 697-7296 4 [email protected]
5 Attorneys for Plaintiffs
6 [Additional counsel appear on signature page]
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8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA
10 MICHELLE FALK, INDHU JAYAVELU, ) Case No.: PATRICIA L. CRUZ, DANIELLE TROTTER, ) 11 ) CLASS ACTION COMPLAINT FOR: AND AMANDA MACRI, individually and on ) 12 behalf of all others similarly situated, ) (1) Breach of Express Warranty; ) (2) Breach of Implied Warranty of
13 ) Merchantability; ) (3) Violations of Magnuson-Moss Warranty Act; 14 Plaintiffs, ) (4) Breach of Implied Warranty Pursuant to Song- ) Beverly Consumer Warranty Act; 15 ) (5) Violations of California’s Consumer Legal ) Remedies Act; v. 16 ) (6) Violations of California’s Unfair Competition ) Law;
17 ) (7) Violations of Ohio’s Consumer Sales NISSAN NORTH AMERICA, INC., ) Practices Act 18 ) (8) Violations of New York’s Deceptive Acts and ) Practices Unlawful; 19 ) (9) Violations of Colorado’s Consumer Protection Defendant. ) Act; 20 ) (10) Violations of Illinois’ Uniform Deceptive ) Trade Practices Act; 21 ) (11) Violations of Illinois’ Consumer Fraud and ) Deceptive Business Practices Act; 22 ) (12) Equitable Injunctive and Declaratory Relief; ) (13) Relief Pursuant to the Declaratory Judgment 23 ) Act; and ) (14) Unjust Enrichment. 24 ) DEMAND FOR JURY TRIAL 25
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1 CLASS ACTION COMPLAINT 2 Plaintiffs Michelle Falk, Indhu Jayavelu, Patricia L. Cruz, Danielle Trotter, and Amanda Macri, 3 individually and on behalf of all others similarly situated, and by and through the undersigned counsel, 4 hereby set forth their claims against Defendant Nissan North America, Inc. in this Consumer Class 5 Action Complaint. 6 NATURE OF THE CASE 7 1. Plaintiffs bring claims under the consumer protection laws of California, Ohio, New 8 York, Colorado, and Illinois, the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301, et seq., and state 9 warranty law against Defendant Nissan North America, Inc. (“Nissan”). 10 2. This action arises from the sale or lease of more than five hundred thousand vehicles 11 throughout the United States manufactured by Defendant Nissan that are equipped with defective 12 transmissions. These defective transmissions were installed in all Seventh generation (i.e., model year 13 2013 – present) Nissan Sentra automobiles equipped with a continuously variable transmission 14 (“CVT”) (the “class vehicles”) sold or leased to consumers, including Plaintiffs. 15 3. Every class vehicle is backed by a New Vehicle Limited Warranty (“Warranty”). 16 Nissan’s Warranty covers any repairs needed to correct defects in materials or workmanship of 17 covered parts. The basic coverage period lasts 36 months or 36,000 miles, whichever comes first, and 18 the powertrain coverage lasts 60 months or 60,000 miles, whichever comes first. The powertrain 19 coverage specifically applies to the engine, transmission and transaxle, drivetrain, and restraint system. 20 Defendant Nissan explicitly extended the Warranty to all purchasers, lessees, and subsequent 21 purchasers and lessees of class vehicles throughout the United States. The Warranty assured 22 consumers that Nissan would repair any defect in materials or workmanship under normal use. 23 4. An implied warranty of merchantability also accompanies the sale of each vehicle and 24 it assures consumers that the vehicles were properly equipped for the use for which they were 25 intended. 26 5. At the time each class vehicle was sold or leased, Nissan breached its express and 27 implied warranties because each class vehicle was equipped with a dangerous, defective transmission. 28 6. The transmissions in all of the class vehicles are defective in design, materials, and/or
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1 workmanship. The transmissions cause sudden, unexpected shaking and violent jerking (commonly 2 referred to as “juddering” or “shuddering”) when drivers attempt to accelerate class vehicles. The 3 transmissions also hesitate before responding to a drivers’ input on the accelerator pedal, which 4 prevents class vehicles from accelerating as intended by the driver, especially from a complete stop. 5 The transmissions also create a hard deceleration or clunk when drivers either slow down or accelerate 6 at low speeds. Owners of class vehicles have reported complete transmission failure in the middle of 7 roadways. This transmission defect creates unreasonably dangerous situations while driving and 8 increases the risk of a crash. 9 7. The shuddering, juddering, hesitation, and hard clunk in the transmissions of class 10 vehicles are all caused by a transmission defect. 11 8. Plaintiffs Michelle Falk, Indhu Jayavelu, Patricia L. Cruz, Danielle Trotter, and 12 Amanda Macri each requested that Nissan fix the defective transmission of their class vehicles, but 13 Nissan could not or would not repair them. 14 9. Nissan sold, leased, and continues to sell and lease the class vehicles despite knowing 15 of the transmission defect and the danger it poses to consumers and other drivers. 16 10. Nissan has chosen financial gain at the expense of consumer safety by failing to 17 disclose its knowledge of this critical safety defect to consumers. 18 11. Nissan knew or should have known about the safety hazard posed by the defective 19 transmissions before the sale of the class vehicles from pre-market testing, warranty claims, consumer 20 complaints to the National Highway Traffic Safety Administration (“NHTSA”), consumer complaints 21 made directly to Nissan and its dealers, and other sources which drove Nissan to issue Technical 22 Service Bulletins acknowledging the class vehicles’ transmissions defect. Nissan should not have sold, 23 leased, or marketed the class vehicles without a full and complete disclosure of the class vehicles’ 24 transmission defect, and should have voluntarily recalled the class vehicles long ago. 25 12. Plaintiffs bring this action on behalf of themselves and all others similarly situated 26 (“Class,” “Class Members,” “Subclass Members,” “Consumers,” “Owners”) for Nissan’s breach of 27 express and implied warranties under state laws and the Magnuson-Moss Warranty Act, Nissan’s 28 deceptive trade practices in violation of the consumer protection laws of California, Ohio, New York,
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1 Colorado, and Illinois, and declaratory and equitable relief. Plaintiffs seek damages, injunctive and 2 declaratory relief, restitution, disgorgement of profits, attorneys’ fees and costs, punitive damages, and 3 the repair or replacement of class vehicles or refund of money paid to own or lease all class vehicles in 4 the United States. 5 JURISDICTION AND VENUE 6 13. The United States District Court for the Northern District of California has subject 7 matter jurisdiction over this action under the Class Action Fairness Act because at least one member of 8 the proposed class is a citizen of a different state than Nissan, the number of proposed class members 9 exceeds one hundred, and the matter in controversy exceeds the sum or value of $5,000,000.00 10 exclusive of interests and costs. 28 U.S.C. § 1332(d)(2)(A). 11 14. The United States District Court for the Northern District of California can exercise 12 general personal jurisdiction over Defendant because Defendant is incorporated in California. 13 15. Venue is proper in this District pursuant to 28 U.S.C. § 1391(a) - (c). A substantial part 14 of the events or omissions giving rise to the claims occurred in this District. 15 16. Intradistrict Assignment: Pursuant to Civil L.R. 3-2(c)-(d) and 3-5, this lawsuit is 16 properly assigned to the San Francisco/Oakland Division because San Mateo is the county in which 17 the action arises. In particular, Plaintiff Falk purchased her vehicle in Redwood City, California, which 18 is in San Mateo County. 19 PARTIES 20 17. Plaintiff Michelle Falk, a proposed Class and Subclass representative, is an adult citizen 21 of California residing in San Jose, CA. 22 18. Plaintiff Indhu Jayavelu, a proposed Class and Subclass representative, is an adult 23 citizen of Ohio. 24 19. Plaintiff Patricia L. Cruz, a proposed Class and Subclass representative, is an adult 25 citizen of New York. 26 20. Plaintiff Danielle Trotter, a proposed Class and Subclass representative, is an adult 27 citizen of Colorado. 28 21. Plaintiff Amanda Macri, a proposed Class and Subclass representative, is an adult
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1 citizen of Illinois. 2 22. Defendant Nissan North America, Inc. is organized under the laws of the State of 3 California and has its principal place of business in Smyrna, Tennessee. Nissan operates, maintains 4 offices, and/or conducts business in all fifty states. 5 GENERAL ALLEGATIONS 6 A. Nissan Knowingly Sold Dangerously Defective Vehicles to Consumers. 7 23. The first class vehicle was sold or leased to members of the Class and Subclass in 8 approximately the fall of 2012. 9 24. Upon information and belief, Nissan was aware, or should have been aware, of the 10 defect present in class vehicles before it sold the class vehicles. This defect causes the transmission in 11 class vehicles to malfunction and exhibit: hesitation from a stop before acceleration; hard shaking 12 during deceleration; sudden shaking and violent jerking (commonly known as “juddering” or 13 “shuddering”); and complete failure to function (collectively, “transmission failures”). 14 25. Drivers confirm that the transmission failures occur: when trying to accelerate from a 15 stop; at low speeds when drivers intend to accelerate to merge with highway traffic; and when 16 attempting to drive uphill. The transmission defect creates a serious safety risk that can lead to 17 accidents, injuries, or even death for the driver, the vehicles’ occupants, other drivers, and pedestrians. 18 26. Nissan has a long history of minimizing the significance of the defect by issuing 19 Technical Service Bulletins (“TSBs”) and service campaigns through which it implies that the defect 20 only occurs in certain, seemingly rare, circumstances. 21 27. Nissan has attributed this problem to the computer software issues or deteriorated 22 transmission fluid; however, Nissan’s proposed fixes have not resolved the defect. 23 28. Within a year of selling the first class vehicle, Nissan acknowledged the transmission 24 failures. See Exhibit B (collection of the TSBs summarized in ¶¶ 29-35 herein). 25 29. Nissan’s January 3, 2013 TSB underrepresented the defect by stating that the engines in 26 2013 Sentras would exhibit a small RPM decrease for a short duration or stop running when braking 27 and shifting into reverse or drive. The engines would also exhibit hesitation/lag or stop running 28 entirely when accelerating from a stop. To solve the problem, Nissan recommended that technicians
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1 reprogram the Engine Control Module (“ECM”) first and, if applicable, the Transmission Control 2 Module (“TCM”). 3 30. The month after that, on March 15, 2013, Nissan continued to minimize the defect by 4 releasing a TSB that documented its Voluntary Service Campaign to reprogram the ECM and, if 5 necessary, the TCM in 2013 Nissan Sentras to prevent a condition in which the vehicle’s engine may 6 stop running when first shifting out of park, or at very low speeds (when taking off after a stop or 7 coasting to a stop) in cold weather. Nissan specifically stated, in its TSB, that “The vehicle still meets 8 and exceeds applicable safety standards and there is no unreasonable risk to motor vehicle safety.” 9 (emphasis added). On June 27, 2013, Nissan released a Service Campaign Bulletin that reiterated the 10 exact problems and solution identified in the March 15, 2013. 11 31. Two months later, on May 30, 2013, Nissan noted that the engines in 2013 Sentras 12 continued to display intermittent RPM drops while stopped and recommended reprogramming the 13 ECM if the March 15, 2013 Voluntary Service Campaign set forth in NTB13-022 already “has been 14 completed.” 15 32. By the end of the year, Nissan released another TSB for 2013 Nissan Sentras 16 acknowledging the continued problem of engine RPMs dropping very low while stopped and the 17 engine failing to run altogether while coming to a complete stop. Nissan, again, recommended that 18 technicians reprogram the ECM. 19 33. By January 27, 2014, Nissan expanded its TSB to include all 2013 and 2014 Nissan 20 Sentras and identified continued problems with the engines’ RPMs dropping very low while stopped 21 and failing to run altogether while coming to a complete stop. Nissan, again, recommended that 22 technicians reprogram the ECM. 23 34. A year later, on August 13, 2015, Nissan conducted another Voluntary Service 24 Campaign to reprogram the CVT in 2013-2014 Nissan Sentras because, according to the TSB, “the 25 belt may slip when manually shifting from the L range to the D range due to low hydraulic pressure. 26 Belt slippage may result in noise, vibration and poor acceleration. Left unrepaired, this condition may 27 reduce the durability of the CVT. This is not a safety issue, and the vehicle meets or exceeds 28 applicable safety standards.” (emphasis added). Nissan further stated: “the new software will increase
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1 hydraulic pressure while shifting to prevent CVT belt slip while manually shifting from the L to D 2 range.” 3 35. On April 7, 2016, Nissan acknowledged that the transmission failures in the CVTs 4 effected the 2015 Sentras as well. Specifically, Nissan stated that 2014-2015 Nissan Sentras were 5 experiencing a judder or shake (pulsing sensation, or fore/aft sensation) while slowing to a stop below 6 15 mph. Nissan, once again, suggested that technicians reprogram the TCM. 7 36. The attempts to “fix” the defect through ECM and TCM reprogramming (the software 8 “updates”) or cooling the “transmission oil” (“transmission fluid coolant procedure”), whether 9 performed by Nissan prior to delivery of the class vehicles or performed by a repair technician after 10 delivery, failed to remedy the transmission failures present in all class vehicles. 11 37. Upon information and belief, Nissan has yet to develop any solution to correct the 12 transmission defect. 13 38. Consumer complaints submitted to NHTSA have persisted despite the application of 14 Nissan’s supposed fixes. Some consumers have received three or four computer upgrades and/or fluid 15 replacements, yet continue to experience the dangerous transmission failures. Drivers report that they 16 do not feel safe driving the class vehicles. See Section B, infra; see also Exhibit A. 17 39. Nissan continued to manufacture, market, and distribute new class vehicles into model 18 year 2017, despite its failure to remedy the known transmission defect. 19 B. Consumers Have Extensively Reported the Safety Defect to Nissan. 20 40. NHTSA provides a system for motor vehicle owners to report complaints relating to 21 safety defects that pose a risk of accidents, injuries, and even death in vehicles manufactured or 22 imported in the United States, including safety defects relating to transmission malfunctions. The 23 safety defect complaints are entered into NHTSA’s consumer complaint automated database, which 24 manufacturers can access. NHTSA also provides these consumer complaints to the vehicle’s 25 manufacturer, including Nissan. Nissan reviews NHTSA consumer complaints. Given that the vast 26 majority of vehicles owners are not aware of NHTSA and/or its reporting system, complaints received 27 by NHTSA are a small minority of the overall number of complaints made to Nissan, which also 28 received complaints directly and/or through their authorized dealerships.
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1 41. Since at least October 2012, Nissan has received complaints of transmission defects and 2 safety concerns related to the class vehicles through NHTSA, carcomplaints.com, internet forums, and 3 Nissan dealerships, and directly by owners of class vehicles. 4 42. Despite Nissan’s knowledge of the transmission defect in the class vehicles and its 5 safety implications, Nissan continues to conceal this knowledge by, among other things, issuing TSBs 6 and service campaigns that imply that the defect is insignificant and easily corrected, and has failed to 7 disclose that its class vehicles’ transmissions are defective and dangerous. Consumers continue to 8 operate class vehicles and continue to experience dangerous failures of the defective transmission, and 9 are at increased risk for crashes. 10 43. Consumers have submitted at least 71 individual NHTSA complaints regarding class 11 vehicles experiencing the transmission defect described in Nissan’s Technical Service Bulletins. The 12 number and content of NHTSA consumer complaints of “juddering,” “down shifting,” “hesitation,” 13 and loss of acceleration highlight the class vehicles’ transmission defect. 14 44. These consumer complaints filed with NHTSA, and delivered to Nissan, often highlight 15 the safety risk caused by the defect, including reports of near accidents and accidents that occurred due 16 to the defect without response or resolution by Nissan. Nissan received and was aware of these 17 consumer complaints. A sample of these complaints are reprinted in the paragraphs below; Plaintiffs 18 have included all of the reported NHTSA complaints in an attachment to this Complaint. See Exhibit 19 A. 20 45. A March 9, 2013 consumer complaint submitted to NHTSA states: “I WAS WAITING 21 AT A RED LIGHT TO MAKE A LEFT TURN. ONCE THE LIGHT TURNED GREEN AND I 22 STEPPED ON THE ACCELERATOR, THE CAR STARTED TO JERK AND LOST POWER. IT 23 DID NOT TURN COMPLETELY OFF BUT IT WOULD NOT DRIVE. I HAD TO PUT MY 24 HAZARD LIGHTS ON TO AVOID BEING REAR ENDED BY THE VEHICLE DIRECTLY 25 BEHIND ME THAT WAS ALSO MAKING A LEFT TURN. I OWNED THE CAR FOR LESS 26 THAN 24 HOURS AT THAT POINT. IT ONLY HAD 152 MILES ON THE ODOMETER. THE 27 DEALERSHIP SENT A TOW. THE DIAGNOSIS WAS THAT THE SOFTWARE NEEDED TO BE 28 UPDATED. I DON'T UNDERSTAND HOW NISSAN CAN SELL A CAR THAT ISN'T
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1 PROPERLY PROGRAMMED? WHY WASN'T THE PROGRAMMING CHECKED PRIOR TO ME 2 DRIVING IT OFF THE LOT? I WILL DRIVE IT FOR A FEW DAYS TO SEE IF IT HAPPENS 3 AGAIN. *TR” 4 46. A March 1, 2015 consumer complaint submitted to NHTSA states: “AS I WAS 5 DRIVING MY CAR BEGAN TO JERK. I COULD NOT GAIN ANY SPEED AND ALMOST 6 CAUSE TWO ACCIDENTS BECAUSE OF THE WAY IT JERKED. *TR” 7 47. A November 11, 2015 consumer complaint to NHTSA states: “THIS HAPPENED ON 8 THE FREEWAY, TRANSMISSION SLAMMED INTO LOW GEAR GOING AT 65 MPH. 9 PULLED OFF THE FREEWAY AND LUCKILY DUARTE NISSAN IN CALIFORNIA WAS LESS 10 THEN A MILE AWAY. THE CAR BARELY MADE IT. THEY REPLACED THE 11 TRANSMISSION BUT THIS WAS AT ONLY 20K MILES. THE DEALERSHIP SAID THAT THIS 12 IS HAPPENING TO A FEW VEHICLES, BUT THIS IS DANGEROUS THAT MY CAR 13 SLAMMED INTO LOW GEAR ON THE FREEWAY. IT SCARED MYSELF AND MY FAMILY.” 14 48. A June 7, 2016 consumer complaint submitted to NHTSA states: “OUR SENTRA HAS 15 A CVT. IT CURRENTLY HAS LESS THAN 7,500 MILES ON THE ODOMETER. ON THREE (3) 16 OCCASIONS, THE TRANSMISSION HAS FAILED TO UPSHIFT AS WE MOVED AWAY 17 FROM A STOP AT A TRAFFIC LIGHT. AT 30 MPH OR LESS, THE TACH IS AT 4,000 RPM. 18 WE HAVE TO FIND A SAFE PLACE TO PULL THE VEHICLE TO THE SIDE OF THE ROAD, 19 PUT THE TRANS SELECTION LEVER IN PARK AND THEN RESTART OUR JOURNEY. WE 20 HAVE TAKEN THE VEHICLE TO THE NISSAN DEALER WHO TOLD US THAT THERE WAS 21 NO PROBLEM...... NO COMPUTER ERROR OR MALFUNCTION. WE CONTACTED NISSAN 22 USA AND WERE TOLD THE SAME THING. THE TRANSMISSION OF THE COMPUTER 23 CONTROLLING IT HAS A PROBLEM. DATES OF PROBLEMS: 3/20/2016; 5/20/2016; 24 5/25/2016” 25 49. An October 8, 2016 consumer complaint submitted to NHTSA states: ““MT VEHICLE 26 SINCE I BOUGHT IT WITH ONLY 3 MILES HAS WHEN COMING TO A STOP START TO 27 SHAKE VIGOROUSLY BROUGHT IT TO THE ATTENTION WHEN I HAD MY AC 28 COMPRESSOR REPLACED AT ONLY 50,000 MILES , MIND YOU I DO DRIVE MY VEHICLE
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1 ALOT 125 MILES A DAY AND ITS ALL HIGHWAY BUT I ALSO MAINTAIN IT 2 REGULARLY// THE VEHICLE GOING AT 65 MILES PER HOUR THE OTHER DAY STARTED 3 TO HESITATE AND RPMS STARTED TO JUMP HIGHER AND LOSE POWER ON A MAIN 4 HIGHWAY DURING THE AFTERNOON IN SAN ANTONIO WHERE TRAFFIC IS BAD I HAD 5 MY LITTLE GIRL AND THAT LOSS OF ACCELERATION AND JUMP /CLUNK ALMOST 6 CAUSED ME TO GET REAR ENDED BY A 18 WHEELER WHICH HONKED AT ME AND 7 SCARED MY LITTLE GIRL// AFTER RESEARCH ON THIS MAKE AND MODEL I HAVE 8 FOUND THAT THERE HAS BEEN NUMEROUS COMPLAINTS IN THE SAME REGARD 9 SAME ISSUE RISKING LIFE AND SAFETY DUE TO A FAULT THAT NISSAN KNOWS 10 ABOUT DUE TO RECALL THEY SET FOR 03 - 10 YEARS AND MODELS USING THE CVT 11 TRANSMISSION NOW MY VEHICLE IS A 2014 AND AFTER RESEARCH SEE THAT MANY 12 CONSUMERS ARE PUT IN THE SAME DANGEROUS SITUATION AND HAVE 13 COMPLAINED ONLY FOR IT TO FALL ON DEAF EARS. I AM NOW SCARED TO DRIVE A 14 VEHILCE THAT I STILL OWE ON DUE TO HAVING MY 4 YEAR OLD IN WITH ME” 15 50. An April 25, 2017 consumer complaint submitted to NHTSA states: “TAKATA 16 RECALL. THE TRANSMISSION HAS GONE OUT ON ME THREE TIMES SINCE DECEMBER 17 30, 2016. THE MOST RECENT AS OF 04/03/2017. I ALMOST GOT KILLED EACH TIME ON 18 THE FREEWAY. I WOULD BE GOING 65 MPH IN THE MIDDLE OF THE FREEWAY AND IT 19 WOULD DROP TO 45MPH AND EVENTUALLY COULD NOT FUNCTION. NISSAN JUST 20 REPLACES THE TRANSMISSION BUT THEY KEEP BREAKING. THEREFORE THEY KEEP 21 FAILING AT FIXING THE PROBLEM WITHIN MY VEHICLE AND PUT MY LIFE ON THE 22 LINE. IT IS CONSIDERED A LEMON AND THEY AGREED WHICH IS WHY THEY GAVE ME 23 THE OPTION FOR THEM TO BUY THE VEHICLE BACK FROM ME OR EXCHANGE IT. I 24 CHOSE FOR THEM TO GIVE ME MY REFUND. I WANT A RECALL ON THIS VEHICLE AND 25 OTHERS LIKE IT BECAUSE THEY RISKED MY LIFE MORE THAN ONCE AND THAT 26 SHOULD NOT HAPPEN TO ANYONE. THEY'RE ARE FAMILIES IN THESE VEHICLES AND 27 THEY'RE LIVES SHOULD NOT BE AT STAKE LIKE THIS. I RESEARCHED THAT I AM NOT 28 THE ONLY ONE WHO HAS SUFFERED WITH THIS SITUATION WITH THE SAME MAKE AS
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1 MY CAR. I HAVE INVOICES THAT I CAN PROVIDE IF NEEDED. PLEASE TAKE ACTION 2 ON THIS. THANK YOU.” 3 51. A May 10, 2017 consumer complaint submitted to NHTSA states: “WHILE DRIVING 4 50-60 MPH, THE CAR SLIPPED INTO NEUTRAL AND WOULD NOT ACCELERATE. I WAS 5 ABLE TO GET TO THE SIDE OF THE ROAD SAFELY HOWEVER, IT REQUIRED ME TO PUT 6 IT IN PARK AND THEN SHIFT BACK TO DRIVE IN ORDER TO GO. THE DEALER 7 INDICATED ITS A CVT ISSUE, WHICH MAY BE SUFFERING FROM A “CVT BELT SLIP 8 CONDITION,” WHICH IS THE FAILURE OF THE CHAIN DRIVE TO TRANSFER POWER 9 THROUGH THE TRANSMISSION AND ACCELERATE THE VEHICLE.THE DEALER 10 REPLACED THE TRANSMISSION (UNDER WARRANTY) AND THE PROBLEM IS STILL 11 OCCURRING. THE DEALER NOW HAS THE CAR TO DISCUSS WITH NISSAN THE NEXT 12 STEPS.” C. Nissan Has Long-Known That Its CVT-Equipped Vehicles Suffer From Transmission 13 Defects Similar To The Defect In The Class Vehicles. 14 15 52. Nissan has been on notice for years that its CVT-equipped vehicles suffer from 16 transmission defects. For example, Nissan doubled the warranty period for the transmission in various 17 models of 2003 to 2010 Nissans equipped with a CVT to pacify consumers’ concerns that the CVTs 18 were defective and would eventually fail, leading to repair costs after the warranty expired. Nissan’s 19 warranty extension covered the 2007-2010 Sentras. See, Exhibit C. 20 53. Nissan also recently settled a class action wherein the plaintiffs alleged that the CVT in 21 Nissan Pathfinder vehicles had a similar defect to that which Plaintiffs allege for the Sentra class 22 vehicles. See Batista v. Nissan N. Am., Inc., Case No. 14-24728 (S.D. Fla.). 23 54. Nissan has also released TSBs regarding CVT issues for earlier Sentra models and 24 other model Nissan vehicles. See, Exhibit D (collection of the TSBs summarized in ¶ 54 herein). For 25 example: 26 a. On August 15, 2014, Nissan released a TSB acknowledging that the CVT reduced 27 vehicle speed in 2007-2012 Nissan Sentras after high driving speed, driving in 28 ambient temperature of 96 degrees of higher, climbing steep or extended hills for 6
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1 miles or more, and whine or rattle type noises due to reduced engine performance at 2 decreasing vehicle speeds. Nissan recommended that its technicians install a kit 3 designed to cool “transmission oil”. Nissan released another TSB acknowledging the 4 same problems and fixes on November 25, 2015, which indicates that Nissan had not 5 solved the problem. 6 b. Nissan released a TSB on April 6, 2016 directed toward the 2013-2016 Altima and 7 the 2014-2016 Rogue to correct the vehicles’ hesitation and loss of power. The 8 recommended fix included removing the control valve to inspect the CVT belt to 9 assess evidence of CVT belt slippage. If there was no such evidence, the technician 10 was told to replace the control valve and effectively do nothing. If evidence of belt 11 slippage existed, Nissan replaced the entire CVT assembly. 12 c. A September 10, 2013 TSB released by Nissan noted a pronounced juddering during 13 light acceleration between 5 and 35 mph in 2013-2014 Nissan Altima V6 Sedans and 14 2013-2014 Pathfinders. To fix the issue, Nissan recommended reprogramming the 15 CVT unless the vehicle was a Pathfinder built before December 2012. In that case, 16 unless a January 10, 2013 voluntary service campaign to reprogram the Pathfinder 17 was performed, Nissan required the complete replacement of the CVT. Even 2013- 18 2014 Pathfinders and Altimas manufactured after December 2012 had the CVTs 19 completely replaced if reprogramming of the CVT once again failed and the vehicle 20 exhibited pressure vibration. 21 d. Nissan recognized long-standing issues with the CVT in reducing engine performance 22 and creating conditions where the vehicle experiences low power in July 6, 2012. 23 Nissan identified the applicable vehicles as the 2001-2011 Altimas, 2008-2011 24 Altima Coupes, 2007-2011 Sentras, and 2008-2011 Rogues. At that time, Nissan 25 advised technicians to look for overfilled CVT fluid levels, incorrect types of 26 transmission fluid, or incorrect coolant/water mixes, but otherwise failed to offer any 27 other repairs. 28 55. Nissan has continuously experienced problems over a number of years with its CVTs
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1 that result in the same transmission failures that Plaintiffs have experienced. Yet, Nissan has continued 2 to install the CVT transmissions in its vehicles and failed to adequately disclose to Plaintiffs, the 3 Class, or the Subclasses the resulting transmission failures or the safety implications of such failures. 4 D. Nissan Did Not Disclose the Safety Defect to Plaintiffs, the Class, or Subclass Members. 5 56. Despite Nissan’s knowledge of the defect present in class vehicles, Nissan continued to 6 fail to disclose this unresolved safety defect to new and subsequent purchasers and lessees of class 7 vehicles. Nissan continues to manufacture and sell Nissan Sentras equipped with the defective 8 transmissions without any disclosure to consumers about these hidden safety defects. Nissan otherwise 9 prevents reasonable consumers from repairing or discovering this hazard until the vehicle’s 10 transmission unexpectedly fails to properly function, placing its occupants and other travelers in 11 danger. 12 57. Nissan’s Technical Service Bulletins concerning the transmission problems in class 13 vehicles were not directly sent to purchasers directly and did not fully disclose the pervasiveness of the 14 defect, the safety issues arising from the defect, or the uncertain nature of the prescribed fixes. 15 58. Plaintiffs, the Class, and Subclass Members would not have purchased or leased their 16 vehicles, or would have paid significantly less for them, had they known of the transmission defect 17 and the safety hazard it creates. By failing to disclose the defect, Nissan denied Plaintiffs, Class 18 Members, and Subclass Members information that was material to their purchase or lease and material 19 to their willingness to use their class vehicles. E. Nissan’s Warranties Cover the Transmission Defect, but Nissan has Refused to Correct 20 the Defect. 21 22 59. For each class vehicle sold by Nissan, an express written warranty was issued which 23 covered the vehicle, including but not limited to, the transmission system. 24 60. Nissan provided all purchasers and lessees of the class vehicles with a New Vehicle 25 Limited Warranty (“Warranty”). Nissan’s Warranty covers any repairs needed to correct defects in 26 materials or workmanship of covered parts. The basic coverage period lasts 36 months or 36,000 27 miles, whichever comes first, and the powertrain coverage lasts 60 months or 60,000 miles, whichever 28 comes first. The Warranty begins on the date the vehicle is delivered to the first retail buyer or put into
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1 use, whichever is earliest. The powertrain coverage specifically applies to the engine, transmission and 2 transaxle, drivetrain, and restraint system. Defendant Nissan explicitly extended these warranties to 3 all purchasers, lessees, and subsequent purchasers and lessees of class vehicles throughout the United 4 States. 5 61. Furthermore, under the powertrain coverage, Nissan expressly warranted that it “covers 6 any repairs needed to correct defects in materials or workmanship” to the powertrain components, 7 which include the engine and the transmission. 8 62. Nissan also sold or leased the class vehicles to the Plaintiffs, Class, and Subclass 9 Members under an implied warranty of merchantability. Nissan’s express warranty confirms that 10 Nissan offers implied warranties, including the implied warranty of merchantability, for the same 11 duration as the express warranty. Nissan impliedly warranted that the class vehicles were merchantable 12 in that they were in a safe and non-defective condition for use by their owners or lessees for the 13 ordinary purpose for which they were intended, and were not otherwise injurious. Nissan is under a 14 duty to design, construct, manufacture, inspect, and test the class vehicles so as to make them suitable 15 for the ordinary purposes of their use— safe and reliable transportation. 16 63. Nissan breached its warranties for the class vehicles when it: designed, manufactured, 17 and sold class vehicles with defects in the transmission system, refused to recognize or repair the 18 defect in the transmission when confronted with the transmission failures, and/or otherwise 19 inadequately repaired the defect through ineffective software updates, transmission fluid flushes, or 20 replacement of the defective transmissions with equally defective transmissions. In breach of Nissan’s 21 warranties, the class vehicles are defective, unsafe, unfit for the ordinary purposes for which they are 22 intended to be used, and not merchantable. 23 PLAINTIFFS’ ALLEGATIONS 24 64. Like all new or certified pre-owned Nissan vehicles, Plaintiffs’ class vehicles each 25 came with Nissan’s Warranty. This Warranty was a material factor in Plaintiffs’ decisions to purchase 26 their respective class vehicles. 27 65. At the time of Plaintiffs’ purchases, Nissan failed to disclose, concealed, and/or omitted 28 consumer complaints, malfunctions, safety hazards, and material facts related to the class vehicles’
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1 defective transmission. 2 66. Before Plaintiffs purchased their respective class vehicles, Plaintiffs were never 3 informed of, or aware of, the Nissan Sentra’s transmission failures. Plaintiffs were also unaware of 4 Nissan’s prior failed attempts to address the class vehicles’ defect. 5 67. Had Nissan disclosed the defect, Plaintiffs would not have purchased the class vehicle 6 or would have paid significantly less for it. Plaintiffs were denied information material to their 7 purchases and willingness to use the class vehicle. To the contrary, Plaintiffs relied upon Nissan’s 8 express and implied warranties that the class vehicles were fit and safe for its ordinary purpose, 9 merchantable, and free of irreparable defects. 10 68. Plaintiffs used the class vehicles in a reasonable manner and followed all scheduled 11 maintenance recommendations. 12 A. Plaintiff Michelle Falk Purchased A 2015 Nissan Sentra With The Undisclosed Safety 13 Defect. 14 69. On or about July 21, 2016, Plaintiff Michelle Falk purchased a used 2015 Nissan Sentra 15 from Enterprise Car Sales in Redwood City, California for $14,000. The original purchaser of Plaintiff 16 Falk’s vehicle purchased it on or about January 19, 2015. At the time of Plaintiff’s purchase, the 17 odometer of the class vehicle recorded 38,332 miles. 18 70. In August 2016, within a few weeks of her purchase, Plaintiff Falk noticed that, when 19 shifting from park to drive, the engine would feel like it was failing and she would hear a big clanking 20 noise. Within a day or so after that, there was a loss of power when driving from a stop and then, 21 shortly after that, her vehicle would take a long time to speed up to 30 mph. In fact, there was so 22 much lag that Plaintiff Falk felt like she was driving with the emergency brake engaged. When going 23 over 45 mph, her car would shake violently, which caused her immediate concern. The car would lose 24 power and decrease speed on the freeway and almost die at stop signs. When starting from a complete 25 stop, the car displayed significant hesitation and drove like it had a manual transmission. Plaintiff Falk 26 feared driving the vehicle because she had no confidence that the car had sufficient speed or power to 27 merge and because its performance was unpredictable. On August 15, 2016, the engine light came on 28 and she scheduled an appointment at an authorized Nissan dealership.
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1 71. At her first visit to Premier Nissan of San Jose (“Premier Nissan”) in San Jose, 2 California, on August 23, 2016 at 39,121 miles. The dealership’s service department told her that 3 “these things happen with CVT transmissions” and that they would check it. According to Plaintiff 4 Falk’s service records, Nissan technicians verified her concerns and found a TSB related to the issue. 5 The technicians cleaned the inside of the throttle chamber and updated the ECM software. However, 6 this service did not correct the defect and the same problems with lagging and lack of power upon 7 acceleration soon recurred. 8 72. Plaintiff Falk took her car back to Premier Nissan on September 16, 2016 at 39,930 9 miles. Plaintiff Falk informed the technicians that the class vehicle jerked when accelerating and when 10 putting into gear from park. She went on a test drive with the service technician, who noticed the 11 problems immediately and also noted that the vehicle hesitated. The technician said that “Nissan was 12 notorious for problems with CVT. They get cars that need replacing all the time.” When Ms. Falk 13 asked why Nissan continues to manufacture cars equipped with CVTs, the technician said that “it was 14 trial and error. These cars needed to be driven very carefully, anything could mess it up.” The 15 dealership kept Plaintiff Falk’s Sentra for almost two weeks. According to her service records, the 16 technician observed Ms. Falk’s concerns that the vehicle jerks upon acceleration and when put into 17 gear from park, as well as hesitation in the vehicle. The technicians did not find any stored codes or 18 applicable service bulletins. They recommended dropping the transmission oil pan and looking for 19 internal damage to the CVT assembly. Upon removing the oil pan, the technician found that the 20 transmission fluid was almost back and displayed a burnt odor. Based on the burnt fluid and jerking of 21 the vehicle, the technician replaced the CVT Transaxle Assembly. Even this did not correct the defect 22 in Ms. Falk’s class vehicle. 23 73. Ms. Falk took the car in for service again to Premier Nissan on October 10, 2016 at 24 40,100 miles for the same problems. According to service records, she informed Nissan that the 25 vehicle resists and shudders at 30 mph when driving and accelerating. The Nissan dealership told her 26 that this is just the way the CVT works. She asked them to check it again, as she did not feel 27 comfortable driving the vehicle, and they represented to her that everything was fine. 28 74. Everything was not fine. On May 1, 2017 at 49,491 miles, Ms. Falk tried to merge onto
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1 the freeway, but her vehicle would not achieve a speed of over 20 mph. She also informed Premier 2 Nissan about a clunking noise that she heard when shifting into drive from park. Additionally, Ms. 3 Falk confirmed that the same problems from her October 10, 2016 visit persisted. The technicians 4 verified the clunking noise that occurs in Ms. Falk’s vehicle when shifting out of park. The technician 5 determined that TSB 12-055e applied to Ms. Falk’s vehicle and applied grease to the bearing surfaces 6 of the vehicle on both sides. 7 75. The same problems continued. Ms. Falk again brought her vehicle to Premier Nissan on 8 May 27, 2017 at 50,715 miles. She informed the technicians that the vehicle felt like it was going to 9 stall on the freeway and that she continued to hear clunking noises when shifting from park to drive 10 and, additionally, when shifting to reverse the vehicle. The dealership could not replicate any of 11 Plaintiff Falk’s issues and performed no fix. 12 76. On June 6, 2017 at 51,131 miles, Plaintiff Falk went back to Premier Nissan and 13 represented that she was experiencing all of the same issues that occurred on her prior visits. Again, 14 Nissan could not replicate the issues and did not perform a fix. 15 77. Despite providing Nissan and its authorized dealer with ample opportunity to repair her 16 vehicle, Plaintiff Falk continues to experience the transmission failures. 17 B. Plaintiff Indhu Jayavelu Purchased A 2016 Nissan Sentra With The Undisclosed Safety 18 Defect. 19 78. On or about November 25, 2016, Plaintiff Jayavelu purchased a new 2016 Nissan 20 Sentra from Fred Martin Nissan in Akron, Ohio for $17,700. 21 79. Almost immediately after her purchase, Plaintiff Jayavelu’s class vehicle began to 22 judder and would fail to properly accelerate. On November 25, 2016 at 720 miles, Plaintiff Jayavelu 23 sought an inspection of the class vehicle at Airport Nissan of Cleveland in Cleveland, Ohio. She 24 represented that she felt a vibration through the steering wheel when braking to a stop and when 25 driving about 20-25 mph. The service technician’s notes indicate that Nissan could not replicate her 26 concern and made no repair. 27 80. Plaintiff Jayavelu again brought her vehicle in for repair at 829 miles on December 19, 28 2016. She brought the vehicle to Nissan of North Olmsted, LLC in North Olmsted, Ohio. She stated
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1 that she felt vibration and her vehicle would not accelerate properly when her vehicle was accelerating 2 from 20-40 mph and when slowing down to a stop. The technicians test drove the vehicle and agreed 3 that the vehicle vibrated. Because the technician could not find a code, however, Nissan did nothing to 4 fix the vehicle and advised Ms. Jayavelu to call Nissan Customer Affairs. 5 81. Ms. Jayavelu called Nissan Customer Affairs, but the representative said that Nissan 6 could not help her because the dealership did not find any stored codes in her vehicle. 7 82. Despite providing Nissan and its authorized dealer with more than one opportunity to 8 repair her vehicle, Plaintiff Jayavelu continues to experience the transmission failure. 9 C. Plaintiff Patricia L. Cruz Purchased A 2014 NISSAN Sentra With The Undisclosed 10 Safety Defect. 11 83. On February 14, 2015, Plaintiff Cruz purchased a new 2014 Nissan Sentra from Nissan 12 112 in Patchogue, New York for about $18,000. Ms. Cruz also purchased an extended warranty for 13 $2,000. 14 84. Soon after purchasing the vehicle, Plaintiff Cruz noticed symptoms of the defect, 15 including frequent juddering, a whining noise, and delayed acceleration. 16 85. On August 10, 2016, Plaintiff Cruz took her vehicle to Nissan 112 in Patchogue, New 17 York at 16,465 miles. She informed the technician that there is a whistling noise and that her vehicle 18 would “pull back” at around 25-40 mph. The service records indicate that the technician road tested 19 the vehicle and could not replicate the problem or find codes in the computer. Nissan did not perform 20 any repairs. 21 86. On October 10, 2016, Plaintiff Cruz took her vehicle back to Nissan 112 at 18,006 22 miles and indicated that she heard a noise in the transmission. The technician noted in the service 23 records that the car had a noise in the transmission and indicated that (s)he reprogrammed the 24 transmission. However, the technician informed her that nothing could be done without a diagnostic 25 code. 26 87. Plaintiff Cruz called Nissan on November 11, 2016 to discuss the technicians’ failure to 27 perform a repair. A Nissan representative named “Andrea” informed Ms. Cruz that Nissan could not 28 help unless the technician found a repair code.
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1 88. The problems continued and Plaintiff Cruz brought her vehicle back to Nissan 112 on 2 January 4, 2017 at 20,570 miles. She informed the technician that the transmission was exhibiting a 3 kick back when approaching 40 mph. The technician test drove the vehicle and felt the sudden shaking 4 and noted that he had driven other Sentra’s and observed the same sudden shaking. Plaintiff Cruz also 5 stated that she experienced the same defect in the 2016 Nissan Sentra loaner car provided to her. The 6 technician concluded that the vehicle was operating as designed and did not warrant a repair. 7 89. Despite providing Nissan and its authorized dealer with several opportunities to repair 8 her vehicle, Plaintiff continues to experience the transmission failure. 9 D. Plaintiff Danielle Trotter Purchased A 2013 Nissan Sentra With The Undisclosed Safety 10 Defect. 11 90. In April 2013, Plaintiff Trotter purchased a new 2013 Nissan Sentra for $27,133.20 12 from South Colorado Springs Nissan in Colorado Springs, Colorado. 13 91. Within the first month of her purchase, at approximately 333 miles, Plaintiff Trotter 14 noticed the transmission failures, including that the vehicle nearly stalled at stoplights, vibrated and 15 jerked under acceleration, had severe lag, would not go more than 20 mph without shaking and 16 exhibited severe juddering at higher speeds. 17 92. Plaintiff Trotter took her vehicle to South Colorado Springs Nissan in June 2013 at 333 18 miles. She told the technician that the vehicle idles roughly at a stop light and she can feel the 19 vibration through the steering wheel. According to the service records, the technician confirmed a 20 problem with the RPMs at idle and performed the March 15, 2013 TSB to her vehicle. Plaintiff Trotter 21 disputes that the technician repaired the vehicle. Instead, Plaintiff Trotter maintains that the technician 22 informed her that her vehicle’s computer was recalled and that they needed to update the software. The 23 technician then told her that South Colorado Springs Nissan’s computers were down, but that the car 24 was safe to drive in the meantime. The technician did not tell Ms. Trotter that there was anything 25 wrong with the transmission. 26 93. In March 2017 at 113,462 miles, Plaintiff Trotter took her vehicle to Woodmen Nissan 27 in Colorado Springs, Colorado and informed the technicians that the vehicle would not go over 20 28 mph. During the test drive, the technician could not duplicate Plaintiff Trotter’s concern and, therefore
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1 did not proceed with a transmission fix. 2 94. In May 2017, Plaintiff Trotter again brought her vehicle to Woodmen Nissan because 3 the vehicle had no power when coming off the highway and when trying to leave a stop light. Ms. 4 Trotter also stated that the vehicle would shake and judder when coming off the freeway. When the 5 technicians test drove the vehicle, they felt a shudder but did not find any diagnostic codes. The 6 technicians diagnosed the issue as a potential internal CVT transmission issue and recommended that 7 Plaintiff Trotter replace her transmission for $3900. Plaintiff declined to replace the transmission, but 8 the technicians nonetheless charged her $122 for the labor involved in the diagnosis. 9 95. Despite providing Nissan and its authorized dealer with more than one opportunity to 10 repair her vehicle, Plaintiff Trotter continues to experience the transmission failure. E. Plaintiff Amanda Macri Purchased A 2013 Nissan Sentra With The Undisclosed Safety 11 Defect. 12 13 96. In December 2013, Plaintiff Amanda Macri purchased a new 2013 Nissan Sentra from 14 Glendale Nissan in Glendale Heights, Illinois for $23,000. 15 97. During the period January to May 2016, Plaintiff Macri first noticed that the RPMs 16 were fluttering on the highway, even on cruise control, and when driving up and down hills. The 17 vehicle shook when at a stop and hesitated when accelerating from a stop. 18 98. In July 2016, Plaintiff Macri took the vehicle to Nissan of St. Charles in St. Charles, 19 Illinois at 42,125 miles and informed the service department that the vehicle was shaking when it 20 accelerated and jerking when coming to a complete stop. The service records indicate that the 21 technician could not replicate the defect and did nothing to fix the vehicle because no codes appeared 22 in the computer. 23 99. Plaintiff Macri again brought the vehicle to Nissan of St. Charles in February 2017 at 24 54,594 miles and stated that, at 60 mph, the RPMs were bouncing between 1000-3000, particularly 25 while on cruise control driving uphill. The service notes indicate that the technician could not replicate 26 the problem and refused to perform any repairs. 27 100. In March 2017, Plaintiff Macri called Nissan and spoke with a regional specialist. The 28 specialist said that, if the dealer cannot replicate the issue, Nissan could not help her.
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1 101. In April 2017 at 56,817 miles, Plaintiff Macri brought her vehicle to Wickstrom 2 Chevrolet in Roselle, Illinois because the transmission began to sputter randomly at higher speeds. The 3 technician at Wickstrom Chevrolet is a family friend of Plaintiff and she trusted him to diagnose the 4 failures in the vehicle where Nissan repeatedly failed to do so. The technician identified the issues that 5 Plaintiff Macri experienced and recommended that Nissan perform a fluid flush and replace the spark 6 plugs. At that point, Plaintiffs’ authorized Nissan dealership – Nissan of St. Charles – had been so 7 hostile to her that she did not feel comfortable turning to them for that particular fix, especially 8 because they denied that a problem existed every time she took the vehicle in for repair. 9 102. Despite providing Nissan and its authorized dealer with multiple opportunities to repair 10 her vehicle, Plaintiff Macri continues to experience the transmission failure. 11 CLASS DEFINITION 12 103. Pursuant to Rules 23(b)(2), and/or 23(b)(3) of the Federal Rules of Civil Procedure, 13 Plaintiffs will seek certification of a nationwide Class defined as follows: 14 All persons who purchased and/or leased in the United States a model year 2013-2017 Nissan 15 Sentra equipped with a CVT. 16 104. Plaintiffs also seek certification of Subclasses defined as follows: 17 A California Subclass consisting of: 18 All persons who purchased and/or leased in Californian a model year 2013-2017 19 Nissan Sentra equipped with a CVT. 20 An Ohio Subclass consisting of: 21 All persons who purchased and/or leased in Ohio a model year 2013-2017 22 Nissan Sentra equipped with a CVT. 23 A New York Subclass consisting of: 24 All persons who purchased and/or leased in New York a model year 2013-2017 25 Nissan Sentra equipped with a CVT. 26 A Colorado Subclass consisting of: 27 All persons who purchased and/or leased in Colorado a model year 2013-2017 Nissan Sentra 28 equipped with a CVT.
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1 An Illinois Subclass consisting of: 2 All persons who purchased and/or leased in Illinois a model year 2013-2017 Nissan Sentra 3 equipped with a CVT. 4 105. The Class and Subclass definitions specifically exclude: (a) all persons who assert 5 personal injury or property damage claims arising from or relating to the transmission failures in their 6 class vehicle; (b) all persons who have had their class vehicle re-purchased or “bought back” by 7 Defendant Nissan (whether the buy-back was required by law or was solely pursuant to agreement); 8 (c) any persons or other entity currently related to or affiliated with Defendant; (d) any person, firm, 9 trust, corporation, or other entity who purchased for resale, from Defendant, or any entity related to or 10 affiliated with Nissan, a model year 2013-2017 Sentra, (e) any Judge presiding over this action and 11 members of his or her family; and (f) all persons who properly execute and file a timely request for 12 exclusion from the Class. 13 CLASS ALLEGATIONS 14 106. Numerosity: the Class and Subclasses are comprised of thousands of Nissan Sentra 15 owners throughout the United States, making joinder impractical. Moreover, the Class and Subclasses 16 are composed of an easily ascertainable, self-identifying set of individuals and entities who purchased 17 2013-2017 Nissan Sentras. The Members of the Class and Subclasses are so numerous that joinder of 18 all members is impracticable. The precise number of Class and Subclass Members can only be 19 ascertained through discovery, which includes Defendants’ sales, service, and complaint records. The 20 disposition of their claims through a class action will benefit both the parties and this Court. 21 107. Commonality: The critical questions of law and fact common to the Class and 22 Subclasses that will materially advance the litigation include, but are not limited to, the following: 23 a. Whether the transmission installed by Defendants in the class vehicles, model years 24 2013-2017 are defective; 25 b. Whether Defendants knew about the defective transmissions in class vehicles when 26 they sold the class vehicles; 27 c. Whether the transmission defect constitutes a breach of the implied warranty of 28 merchantability, including a violation of the Song-Beverly Consumer Warranty Act;
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1 d. Whether refusing or failing to repair the transmission defect constitutes a breach of 2 the express warranty; 3 e. Whether the Defendants’ concealment of and/or failure to disclose the defect in class 4 vehicles constitutes unfair or deceptive acts or practices in violation of state consumer 5 protection statutes; 6 f. Whether information about the defect was material to a reasonable consumer in 7 making a decision to purchase, lease, or use class vehicles; 8 g. Whether Nissan’s inability to fix the transmission defect in class vehicles means that 9 Nissan’s express warranty has failed its essential purpose; 10 h. Whether Members of the Class and Subclasses are entitled to be notified and warned 11 about the transmission defect and are entitled to the entry of final and injunctive relief 12 compelling Defendant to issue a notification and warning to all Class and Subclass 13 Members concerning such a defect; 14 i. Whether Defendant deliberately misrepresented or failed to disclose or concealed 15 material facts to Plaintiffs and the Class and Subclass Members; 16 j. Whether Nissan acted or refused to act on grounds generally applicable to the Class, 17 thereby making the award of equitable relief and/or restitution appropriate to the 18 Class as a whole; 19 k. Whether Plaintiff and Class Members would have purchased their class vehicles, or 20 whether they would have paid a lower price for them, had they known of the 21 transmission failures; 22 l. Whether Plaintiffs and Class and Subclass Members are entitled to actual damages; 23 m. Whether Plaintiffs and the Class and Subclasses are entitled to restitution and/or 24 disgorgement; 25 108. Typicality: The Plaintiffs’ claims are typical of the claims of the members of the Class, 26 as all such claims arise out of Defendant’s conduct in designing, manufacturing, warranting, and 27 selling the class vehicles with the same transmission defect. 28 109. Adequate Representation: Plaintiffs will fairly and adequately protect the interests of
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1 the Class Members and have no interests antagonistic to those of the Class. Plaintiffs have retained 2 counsel experienced in the prosecution of complex class actions including, but not limited to, 3 consumer class actions involving, inter alia, breach of warranties, product liability, and product design 4 defects. 5 110. Predominance: This class action is appropriate for certification because questions of 6 law and fact common to the members of the Class predominate over questions affecting only 7 individual members. 8 111. Superiority: A class action is superior to other available methods for the fair and 9 efficient adjudication of this controversy, since individual joinder of all members of the Class is 10 impracticable. Should individual Class Members be required to bring separate actions, this Court 11 would be confronted with a multiplicity of lawsuits burdening the court system while also creating the 12 risk of inconsistent rulings and contradictory judgments. In contrast to proceeding on a case-by-case 13 basis, in which inconsistent results will magnify the delay and expense to all parties and the court 14 system, this class action presents far fewer management difficulties while providing unitary 15 adjudication, economies of scale and comprehensive supervision by a single court. Because the 16 damages suffered by each Class and Subclass Member are relatively small compared to the expense 17 and burden of prosecuting this compelling case against a well-financed, multibillion dollar 18 corporation, this class action is the only way each Class and Subclass Member can redress the harm 19 that Nissan caused. 20 TOLLING OF STATUTES OF LIMITATIONS 21 112. Discovery Rule. Plaintiffs’ claims accrued upon discovery that the transmission system 22 that Nissan designed, manufactured, and installed into the class vehicles suffered from transmission 23 failures, and that the transmission failures could not be repaired. While Nissan knew, and omitted, the 24 fact that the transmissions suffer from a defect that causes failures, Plaintiffs, Class Members, and 25 Subclass Members could not and did not discover this fact through reasonable diligent 26 investigation until after they experienced failures, reasonably excluded other potential causes of the 27 failures, and learned that warranty “repairs” by Nissan did not solve the problem. 28
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1 113. Active Concealment Tolling. Any statutes of limitations are tolled by Nissan’s knowing 2 and active concealment of the fact that the transmission suffered from a defect. Nissan kept Plaintiffs 3 and all Class and Subclass Members ignorant of vital information essential to the pursuit of their 4 claims, without any fault or lack of diligence on the part of Plaintiffs. The details of Nissan’s efforts to 5 conceal its above-described unlawful conduct are in its possession, custody, and control, to the 6 exclusion of Plaintiffs and the Class and Subclass Members. Plaintiffs could not reasonably have 7 discovered the fact that the transmissions suffered from a defect that would cause repeated and 8 significant failures. 9 114. Estoppel. Nissan was and is under a continuous duty to disclose to Plaintiffs, as well as 10 Class and Subclass Members, the true character, quality, and nature of the transmissions. At all relevant 11 times, and continuing to this day, Nissan knowingly, affirmatively, and actively misrepresented and 12 omitted the true character, quality, and nature of the transmissions. The details of Nissan’s efforts to 13 conceal its above-described unlawful conduct are in its possession, custody, and control, to the 14 exclusion of Plaintiffs and Class and Subclass Members. Plaintiffs and Class and Subclass Members 15 reasonably relied upon Nissan’s knowing and/or active omissions. Based on the foregoing, Nissan is 16 estopped from relying upon any statutes of limitation in defense of this action. 17 115. Equitable Tolling. Nissan took active steps to omit the fact that it wrongfully, 18 improperly, illegally, and repeatedly manufactured, marketed, distributed, sold, and/or leased the class 19 vehicles with the defective transmissions. The details of Nissan’s efforts to conceal its above-described 20 unlawful conduct are in its possession, custody, and control, to the exclusion of the Plaintiffs and Class 21 and Subclass Members. When Plaintiffs learned about this material information, they exercised due 22 diligence by thoroughly investigating the situation, retaining counsel, and pursuing their claims. Nissan 23 wrongfully omitted its deceitful acts described above. Should it be necessary, therefore, all applicable 24 statutes of limitation are tolled under the doctrine of equitable tolling. 25 FIRST CLAIM FOR RELIEF 26 (Breach of Express Warranty) 27 On behalf of the Class, or Alternatively, the California, Ohio, New York, Colorado, and Illinois 28 Subclasses and their Named Representatives
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1 116. Plaintiffs, individually and on behalf of the Class or, in the alternative, for the 2 California, Ohio, New York, Colorado, and Illinois Subclasses and their Named Representatives, 3 hereby incorporate the allegations in paragraphs 1 through 115 as though fully set forth herein. 4 117. Each class vehicle sold by Nissan included an express Warranty that covered, in part, 5 the transmission and warranted that it would repair or replace any defects in materials and 6 workmanship in the class vehicles. 7 118. Nissan provided all purchasers and lessees of the class vehicles with a written Warranty 8 that “begins on the date the vehicle is delivered to the first retail buyer or put into use, whichever is 9 earlier.” Under the Warranty’s Powertrain Coverage, Nissan expressly warranted that the Warranty 10 “covers any repairs needed to correct defects in materials or workmanship.” The Warranty’s 11 Powertrain Coverage covers the vehicles for 60 months or 60,000 miles, whichever comes first. Nissan 12 promised to cover listed powertrain components under its Warranty, including the transmission 13 components such as the “[t]ransmission and [t]ransaxle [c]ase and all internal parts, torque converter 14 and converter housing, automatic transmission control module, transfer case and all internal parts, 15 seals and gaskets, clutch cover, A/T cooler, and electronic transmission controls..” 16 119. Nissan maintains a full-time Quality Engineer for “Total Customer Satisfaction,” at its 17 headquarters near Nashville, Tennessee, whose responsibilities include analysis of field data 18 (warranty, JD Power, IQS, etc.) to identify priority issues to be addressed, report quality results and 19 action plans to executive management, perform static and dynamic evaluations of vehicle quality, and 20 incorporate feedback from current model quality into the new product development process. The 21 Quality Engineer reports to the Office of the Overseas Chief Quality Engineer (OCQE). 22 120. In addition, Nissan maintains a full-time Quality Process Engineer at its headquarters 23 near Nashville, Tennessee whose responsibilities are to analyze warranty data and reduce warranty 24 claims and develop and present solutions to field concerns in formal reviews with executive 25 management. 26 121. Through its personnel, whose responsibilities include monitoring defects, analyzing 27 warranty and field data, and reporting findings to executive management, as well as through its highly 28 developed internal information and reporting systems, Defendant has been made aware of the
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1 defective CVT for years, but failed to notify Plaintiffs and members of the proposed Class and 2 Subclasses during the warranty period and failed to repair the defect free of charge. 3 122. Plaintiffs also gave notice to Nissan of their vehicles’ defect through its dealer and 4 agent and through its customer service division, and gave Nissan a chance to repair the defect under 5 the express warranty. Nissan was also on notice of the defect by virtue of the NHTSA and other 6 complaints set forth herein, as well as its internal investigation of the defect in class vehicles as early 7 as 2013. 8 123. Nissan breached its warranties by offering for sale and selling defective vehicles that 9 were by construction defective and unsafe and refusing to recognize or permanently repair the defect, 10 thereby subjecting the occupants of the class vehicles purchased or leased to damages and risks of loss 11 and injury. 12 124. Nissan’s warranty to repair the class vehicles fails in its essential purpose because the 13 contractual remedy is insufficient to make Plaintiffs, the Class, and the Subclasses whole because 14 Nissan has been unable to repair the defect or has refused to replace the transmission with a different, 15 functional transmission. As Nissan’s Technical Service Bulletins demonstrate, Nissan is incapable of 16 repairing the defect, despite repeated attempts to do so. 17 125. Accordingly, Plaintiffs, the Class, and the Subclasses are not limited to the limited 18 warranty of “repair” and Plaintiffs, the Class, and the Subclasses seek all remedies allowed by law. 19 126. Plaintiffs and the Class or, in the alternative, the California, Ohio, New York, Colorado, 20 and Illinois Subclasses seek full compensatory damages allowable by law, attorneys’ fees, costs, 21 punitive damages, restitution, the repair or replacement of all class vehicles, the refund of money paid 22 to own or lease all class, and appropriate equitable relief including injunctive relief, a declaratory 23 judgment, and a court order enjoining Nissan’s wrongful acts and practices, and any other relief to 24 which Plaintiffs and the Class or the California, Ohio, New York, Colorado, and Illinois Subclasses 25 may be entitled. 26 SECOND CLAIM FOR RELIEF 27 (Breach of Implied Warranty of Merchantability) 28 On behalf of the Class or, Alternatively, the California, Ohio, New York, Colorado, and Illinois
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1 Subclasses and their Named Representatives 2 127. Plaintiffs, individually, and for the Class or, in the alternative, the California, Ohio, 3 New York, Colorado, and Illinois Subclasses and their Named Representatives, hereby incorporate the 4 allegations in paragraphs1 through 115 as though fully set forth herein. 5 128. Nissan impliedly warranted that the class vehicles, which it designed, manufactured, 6 sold, or leased to Plaintiffs and the Class or Members of the California, Ohio, New York, Colorado, 7 and Illinois Subclasses, were merchantable, fit and safe for their ordinary use, not otherwise injurious 8 to consumers, and equipped with adequate safety warnings. 9 129. Because the class vehicles are equipped with a defective transmission system, the 10 vehicles purchased or leased and used by Plaintiffs, the Class, and Subclass Members are unsafe, unfit 11 for their ordinary use when sold, and not merchantable. Nissan breached the implied warranty of 12 merchantability by selling or leasing class vehicles to Plaintiffs, the Class, and Members of the 13 California, Ohio, New York, Colorado, and Illinois Subclasses. 14 130. Plaintiffs and the Class or, alternatively, the California, Ohio, New York, Colorado, and 15 Illinois Subclasses seek full compensatory damages allowable by law, attorneys’ fees, costs, punitive 16 damages, restitution, the repair or replacement of all class vehicles, the refund of money paid to own 17 or lease all class vehicles, and appropriate equitable relief including injunctive relief, a declaratory 18 judgment, and a court order enjoining Nissan’s wrongful acts and practices and any other relief to 19 which Plaintiffs and the Class or, alternatively, the California, Ohio, New York, Colorado, and Illinois 20 Subclasses may be entitled. 21 THIRD CLAIM FOR RELIEF 22 (Violation of the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301, et seq.) 23 On behalf of the Class or, Alternatively, On Behalf of the California, Ohio, New York, Colorado, and 24 Illinois Subclasses and their Named Representatives 25 131. Plaintiffs, individually and for the Class or, in the alternative, the California, Ohio, New 26 York, Colorado, and Illinois Subclasses and their Named Representatives, hereby incorporate the 27 allegations in paragraphs 1 through 115 as though fully set forth herein. 28 132. Plaintiffs, the Class, and Subclass Members are “consumers” within the meaning of the
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1 Magnuson-Moss Act, 15 U.S.C. § 2301(3). 2 133. Nissan is a “supplier” and “warrantor” within the meaning of the Magnuson-Moss Act, 3 15 U.S.C. § 2301(4) and (5). 4 134. The class vehicles at issue are “consumer products” within the meaning of the 5 Magnuson-Moss Act, 15 U.S.C. § 2301(6). 6 135. For each class vehicle, Nissan issued an express Warranty that covered the vehicle, 7 including but not limited to the transmission, and which warranted that Nissan would repair or replace 8 any part that is defective in material or workmanship under normal use. 9 136. Nissan breached its express warranties by offering for sale and selling defective 10 vehicles that were, by construction, defective and unsafe, and failing to repair said vehicles, thereby 11 subjecting the occupants of the class vehicles purchased or leased to damages and risks of loss and 12 injury. 13 137. Nissan’s written warranties relate to the future performance of its vehicles because it 14 promised that the drivetrain of the class vehicles would perform adequately for a specified period of 15 time or mileage, whichever came first. 16 138. Nissan has breached and continues to breach its written and implied warranties of 17 future performance, thereby damaging Plaintiffs and similarly situated Class and Subclass Members, 18 because the class vehicles fail to perform as represented due to an undisclosed transmission defect. 19 Nissan fails to fully cover or pay for necessary inspections, repairs and/or vehicle replacements for 20 Plaintiffs, the Class, and the Subclasses. 21 139. Plaintiffs, the Class, and Subclass Members, and the public will suffer irreparable harm 22 if Nissan is not ordered to properly repair all of the class vehicles immediately, offer rescission to the 23 Class or Subclasses by repurchasing their class vehicles for their full cost, reimburse the lessees of the 24 class vehicles the monies they have paid toward their leases, recall all defective vehicles that are 25 equipped with the defective transmissions, and cease and desist from marketing, advertising, selling, 26 and leasing the class vehicles. 27 140. Nissan is under a continuing duty to inform its customers of the nature and existence of 28 potential defects in the class vehicles.
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1 141. Such irreparable harm includes, but is not limited to, likely injuries and crashes as a 2 result of the defects in the class vehicles. 3 142. Plaintiffs and the Class or, in the alternative, the Subclasses seek full compensatory 4 damages allowable by law, attorneys’ fees, costs, punitive damages, restitution, the repair or 5 replacement of all class vehicles, the refund of money paid to own or lease all class vehicles, 6 appropriate equitable relief including injunctive relief, a declaratory judgment, a court order enjoining 7 Nissan’s wrongful acts and practices, and any other relief to which Plaintiffs and the Class or, 8 alternatively, the California, Ohio, New York, Colorado, and Illinois Subclasses may be entitled. 9 FOURTH CLAIM FOR RELIEF 10 (Breach of Implied Warranty Pursuant to Song-Beverly Consumer Warranty Act, California Civil 11 Code §§ 1792 and 1791.1, et seq.) 12 On Behalf of Plaintiff Falk the California Subclass 13 143. Plaintiff Falk, individually and for the California Subclass, hereby incorporates the 14 allegations in paragraphs 1 through 115 as though fully set forth herein. 15 144. Plaintiff Falk, the Class, and Subclass Members are “buyers” within the meaning of the 16 Song-Beverly Consumer Warranty Act, California Civil Code § 1791(a). 17 145. Nissan is a “manufacturer” within the meaning of the Song-Beverly Consumer 18 Warranty Act, California Civil Code § 1791(j). 19 146. The class vehicles at issue are “consumer goods” within the meaning of the Song- 20 Beverly Consumer Warranty Act, California Civil Code § 1791(a). 21 147. Nissan’s Warranty is an “express warrant[y]” within the meaning of Song-Beverly 22 Consumer Warranty Act, California Civil Code § 1791.2. 23 148. At all relevant times, Nissan manufactured, distributed, warranted, and/or sold the class 24 vehicles. Nissan knew or had reason to know of the specific use for which the class vehicles were 25 purchased or leased. 26 149. Nissan provided an implied warranty to Plaintiff Falk and California Subclass 27 Members, which warranted that the class vehicles, including the components parts, are merchantable 28 and fit for the ordinary purposes for which they were sold. However, inter alia, the transmissions in
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1 the class vehicles suffer from an inherent defect at the time of sale and, thereafter, are not fit for their 2 ordinary purpose of providing reasonably safe and reliable transportation. 3 150. Nissan impliedly warranted that the class vehicles are of merchantable quality and fit 4 for such use. The implied warranty includes, among other things: (i) a warranty that the class vehicles 5 manufactured, supplied, distributed, and/or sold by Nissan are safe and reliable for providing 6 transportation; and (ii) a warranty that the class vehicles are fit for their intended use. 7 151. Contrary to the applicable implied warranties, the class vehicles, at the time of sale and 8 thereafter, were not fit for their ordinary and intended purpose of providing Plaintiff Falk and 9 California Subclass Members with reliable, durable, and safe transportation. Instead, the transmissions 10 in class vehicles are defective and suffer from transmission failures that compromise the reliability, 11 durability, and safety of class vehicles. 12 152. As a result of Nissan’s breach of the applicable implied warranties, owners and/or 13 lessees of the class vehicles have suffered an ascertainable loss of money, property, and/or value of 14 their class vehicles. Additionally, as a result of the transmission defect, Plaintiff Falk and California 15 Subclass Members were harmed and suffered actual damages in that the class vehicles’ transmission 16 are substantially certain to fail or have failed before their expected useful life has run. The 17 transmission failures create a high risk of accidents, injuries, and even death. 18 153. Nissan’s actions, as complained of herein, breached the implied warranty that the class 19 vehicles were of merchantable quality and fit for such use, in violation of California Civil Code §§ 20 1792 and 1791.1, et seq. 21 154. Plaintiff Falk and the California Subclass seek full compensatory damages allowable by 22 law, attorneys’ fees, costs, the repair or replacement of all class vehicles the refund of money paid to 23 own or lease all class vehicles, and any other relief to which Plaintiffs and the California Subclass may 24 be entitled. 25 FIFTH CLAIM FOR RELIEF 26 (Violation of California’s Consumer Legal Remedies Act, 27 California Civil Code §§ 175, et seq.) 28 On Behalf of Plaintiff Falk and the California Subclass
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1 155. Plaintiff Falk, individually and on behalf of the California Subclass, hereby 2 incorporates the allegations in paragraphs 1 through 115 as though fully set forth herein. 3 156. Defendant Nissan North America, Inc. is a “person” as defined by California Civil 4 Code § l761(c). 5 157. Plaintiff Falk and California Subclass Members are “consumers” within the meaning of 6 California Civil Code §1761(d) because they purchased their class vehicles primarily for personal, 7 family, or household use. 8 158. By failing to disclose and concealing the defective nature of the transmissions from 9 Plaintiff Falk and prospective California Subclass Members, Nissan violated California Civil Code § 10 1770(a), as they represented that the class vehicles and their transmissions had characteristics and 11 benefits that they do not have and represented that the class vehicles and their transmissions were of a 12 particular standard, quality, or grade when they were of another. See Cal. Civ. Code §§ 1770(a)(5) & 13 (7). 14 159. Nissan’s unfair and deceptive acts or practices occurred repeatedly in Nissan’s trade or 15 business, were capable of deceiving a substantial portion of the purchasing public, and imposed a 16 serious safety risk on the public. 17 160. Nissan knew that the class vehicles and their transmissions suffered from an inherent 18 defect, were defectively manufactured or contained defective materials, and were not suitable for their 19 intended use and as a result of the defect known to Nissan as alleged herein, created an unreasonable 20 safety risk for class members. 21 161. As a result of their reliance on Nissan’s omissions and/or misrepresentations, owners 22 and/or lessees of the class vehicles suffered an ascertainable loss of money, property, and/or value of 23 their class vehicles. Additionally, as a result of the transmission defect, Plaintiff Falk and California 24 Subclass Members were harmed and suffered actual damages in that the class vehicles’ transmission or 25 transmission components are substantially certain to fail or have failed before their expected useful life 26 has run. 27 162. Nissan had a duty to Plaintiff Falk and California Subclass Members to disclose the 28 defective nature of the transmissions and/or the associated repair costs because:
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1 a. Nissan was in a superior position to know the true state of facts about the safety 2 defect in the class vehicles’ transmissions; 3 b. Plaintiff Falk and California Subclass Members could not reasonably have been 4 expected to learn or discover that their transmissions had a dangerous safety defect 5 until it manifested; and 6 c. Nissan knew that Plaintiff Falk and California Subclass Members could not 7 reasonably have been expected to learn of or discover the safety defect. 8 163. In failing to disclose the defective nature of the transmissions, Nissan knowingly and 9 intentionally omitted material facts and breached its duty not to do so. 10 164. The facts about the transmission defect that Nissan concealed from or failed to disclose 11 to Plaintiff Falk and California Subclass Members are material in that a reasonable consumer would 12 have considered them to be important in deciding whether to purchase or lease the class vehicles or 13 pay less for them. Had Plaintiff Falk and California Subclass Members known that the class vehicles’ 14 transmissions were defective, they would not have purchased or leased the class vehicles or would 15 have paid less for them. 16 165. Plaintiff Falk and California Subclass Members are reasonable consumers who do not 17 expect the transmissions installed in their vehicles to exhibit the aforementioned transmission failures. 18 166. As a result of Nissan’s conduct, Plaintiff Falk and California Subclass Members were 19 harmed and suffered actual damages in that the class vehicles experienced and may continue to 20 experience the aforementioned transmission failures. As a direct and proximate result of Nissan’s 21 unfair or deceptive acts or practices, Plaintiff Falk and California Subclass Members suffered and will 22 continue to suffer actual damages. 23 167. Plaintiffs sent Nissan a letter on August 21, 2017 by United States Postal Service 24 Certified Mail and FedEx Priority Overnight that provided notice of its violations of the CLRA 25 pursuant to California Civil Code § 1782(a) sent. If, within 30 days of its receipt of that notice, Nissan 26 fails to provide appropriate relief for their violations of the CLRA, Plaintiffs will amend this 27 Complaint to seek monetary, compensatory, and punitive damages, in addition to the injunctive and 28 equitable relief that they seek now.
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1 168. Plaintiff Falk and California Subclass Members are entitled to the injunctive and 2 equitable relief that they seek, along with any other remedies available by law. 3 SIXTH CLAIM FOR RELIEF 4 (Violation of California’s Business & Professions Code § 17000, et seq.) 5 On Behalf of Plaintiff Falk and the California Subclass 6 169. Plaintiff Falk, individually and on behalf of the California Subclass, hereby 7 incorporates the allegations in paragraphs 1 through 115 as though fully set forth herein. 8 170. California Business & Professions Code § 17200 prohibits acts of “unfair competition,” 9 including any “unlawful, unfair or fraudulent business act or practice” and “unfair, deceptive, untrue 10 or misleading advertising.” 11 171. Reasonable consumers, such as Plaintiff Falk and California Subclass Members, do not 12 expect their transmissions to exhibit problems such as shaking, juddering, shuddering, jerking, delayed 13 acceleration, and, eventually, complete transmission failure. 14 172. Nissan knew the class vehicles and their transmissions suffered from inherent defects, 15 were defectively designed or manufactured, would fail prematurely, and were not suitable for their 16 intended use and created an unreasonable safety risk. 17 173. In failing to disclose the defects with the transmission, Nissan knowingly and 18 intentionally concealed material facts and breached its duty not to do so. 19 174. By their conduct, Nissan has engaged in unfair competition and unlawful, unfair, and 20 fraudulent business practices. 21 175. Nissan had a duty to Plaintiff Falk and California Subclass Members to disclose the 22 defective nature of the class vehicles and their transmissions because: 23 a. Nissan was in a superior position to know the true facts about the safety defect in the 24 class vehicles’ transmissions; 25 b. Nissan made partial disclosures about the quality of the class vehicles without 26 revealing the defective nature of the class vehicles and their transmissions; and 27 c. Nissan actively concealed the defective nature of the class vehicles and their 28 transmissions from Plaintiff Falk and the California Subclass.
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1 176. The facts regarding the transmission defect that Nissan concealed from or failed to 2 disclose to Plaintiff Falk and California Subclass are material in that a reasonable person would have 3 considered them to be important in deciding whether to purchase or lease class vehicles. Had Plaintiff 4 Falk and California Subclass Members known that the class vehicles’ transmissions were defective 5 and posed a safety hazard, then Plaintiff Falk and California Subclass Members would not have 6 purchased or leased class vehicles equipped with transmissions, or would have paid less for them. 7 177. Nissan continues to conceal the defective nature of the class vehicles and their 8 transmissions even after Class Members began to report problems. 9 178. Nissan’s conduct was and is likely to deceive consumers. Nissan’s unfair or deceptive 10 acts or practices occurred repeatedly in Nissan’s trade or business, and were capable of deceiving a 11 substantial portion of the purchasing public. 12 179. Nissan’s acts, conduct and practices were unlawful, in that they constituted: 13 a. Violations of the California Consumer Legal Remedies Act; 14 b. Violations of the Song-Beverly Consumer Warranty Act; and 15 c. Violations of the express warranty provisions of California Commercial Code section 16 2313. 17 180. As a result of their reliance on Nissan’s omissions and/or misrepresentations, owners 18 and/or lessees of the class vehicles suffered an ascertainable loss of money, property, and/or value of 19 their class vehicles. Additionally, as a result of the transmission defect, Plaintiff Falk and California 20 Subclass Members were harmed and suffered actual damages in that the class vehicles’ transmission 21 and/or transmission components are substantially certain to fail before their expected useful life has 22 run. 23 181. As a direct and proximate result of Nissan’s unfair and deceptive practices, Plaintiff 24 Falk and the California Subclass have suffered and will continue to suffer actual damages. 25 182. Nissan has been unjustly enriched and should be required to make restitution to 26 Plaintiff Falk and the California Subclass pursuant to §§ 17203 and 17204 of the Business & 27 Professions Code. 28 183. Plaintiff Falk and the California Subclass seek all remedies available pursuant to
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1 §17070, et seq. of the Business & Professions Code, including full compensatory damages allowable 2 by law, attorneys’ fees, costs, the repair or replacement of all class vehicles the refund of money paid 3 to own or lease all class vehicles, appropriate equitable relief including injunctive relief, a declaratory 4 judgment, a court order enjoining Nissan’s wrongful acts and practices, and any other relief to which 5 Plaintiff and the California Subclass may be entitled. 6 SEVENTH CLAIM FOR RELIEF 7 (Ohio Consumer Sales Practices Act, 8 Ohio Rev. Code. § 1345.01, et seq.) 9 On Behalf of Plaintiff Jayavelu and the Ohio Subclass 10 184. Plaintiff hereby incorporates by reference the allegations in paragraphs 1 through 115 11 as though set forth fully herein, and further states: 12 185. Nissan is a “supplier,” as defined by Ohio Rev. Code § 1345.01. 13 186. Plaintiff Jayavelu and the Ohio Subclass Members are “consumers,” as defined by Ohio 14 Rev. Code § 1345.01. 15 187. As a result of placing a defective product into the stream of commerce, Nissan has 16 breached its implied warranty in tort, which is an unfair and deceptive act as defined in Ohio Rev. 17 Code § 1345.09(B). 18 188. Nissan has committed unfair and deceptive acts, in violation of Ohio’s Consumer Sales 19 Practices Act, by knowingly placing into the stream of commerce Class Vehicles equipped with 20 defective transmissions that result in, among other problems, sudden and unexpected failure of the 21 vehicles’ power. 22 189. Moreover, Nissan has committed unfair, deceptive, and unconscionable acts by 23 knowingly concealing the defect in the class vehicles, failing to inform Plaintiff Jayavelu and the other 24 Ohio Subclass Members of this defect, and in the following ways: 25 a. At the time of sale, Defendant knowingly misrepresented and intentionally omitted 26 and concealed material information regarding the class vehicles by failing to disclose 27 to Plaintiff Jayavelu and Ohio Subclass Members the known defects in the 28 transmissions and the known risks associated therewith.
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1 b. Thereafter, Defendant failed to disclose the defects to Plaintiff Jayavelu and the Ohio 2 Subclass Members, either through warnings or recall notices, and/or actively 3 concealed from them the fact that the class vehicles’ transmissions were defective, 4 even though Nissan knew of such defects: (1) at the time of manufacturing, during 5 pre-market testing; (2) at the point where NHTSA began to record complaints about 6 the defect in October 2012; or, at the latest, (3) from its own Technical Service 7 Bulletins dating back to January 2013. 8 c. Defendant forced Plaintiff Jayavelu and Ohio Subclass Members to expend sums of 9 money at its dealerships and elsewhere to repair and/or replace the defective 10 transmissions on the class vehicles, despite Defendant’s prior knowledge of the 11 defects at the time of purchase. 12 d. Additionally, Defendant, in administering the Warranty, engaged in materially 13 misleading deceptive acts and practices by replacing failing transmissions with 14 equally defective units and denying the existence of and refusing to repair the widely 15 known problems with the transmissions without a particular code appearing in the 16 vehicles’ computers. 17 e. Furthermore, Defendant engaged in materially misleading and deceptive acts by 18 continuing to sell the class vehicles to the consuming public and to represent that 19 these vehicles were in good working order, merchantable, and not defective, despite 20 Defendant’s knowledge that the vehicles would not perform as intended, represented, 21 and warranted and that the above described defects would cause purchasers to incur 22 significant out-of-pocket costs and expenses. 23 196. The aforementioned conduct is and was deceptive and false and constitutes an 24 unconscionable, unfair, and deceptive act or practice in that Defendant has, through knowing, 25 intentional, and material omissions, concealed the true defective nature of the transmissions. 26 197. By making these misrepresentations of fact and/or material omissions to prospective 27 customers while knowing such representations to be false, Defendant has misrepresented and/or 28 knowingly and intentionally concealed material facts in breach of its duty not to do so.
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1 198. Members of the public were deceived by Defendant’s failure to disclose and could not 2 discover the defect themselves before suffering their injuries. 3 199. The Ohio Attorney General has made available for public inspection prior state court 4 decisions which have held that acts and omissions similar to kinds alleged in this Complaint, including, 5 but not limited to, the concealment and/or non-disclosure of a dangerous defect, constitute deceptive 6 sales practices in violation of Ohio’s Consumer Sales Practices Act. These cases include, but are not 7 limited to, the following: 8 a. Mason v. Mercedes Benz USA, LLC (OPIF #10002382); 9 b. State ex rel. Betty D. Montgomery v. Ford Motor Co. (OPIF #10002123); 10 c. State ex rel. Betty D. Montgomery v. Bridgestone/Firestone, Inc. (OPIF #10002025); 11 d. Bellinger v. HewJayavelu-Packard Co., No. 20744, 2002 Ohio App. LEXIS 1573 12 (Ohio Ct. App. Apr. 10, 2002) (OPIF #10002077); 13 e. Borror v. MarineMax of Ohio, No. OT-06-010, 2007 Ohio App. LEXIS 525 (Ohio 14 Ct. App. Feb. 9, 2007) (OPIF #10002388); 15 f. State ex rel. Jim Petro v. Craftmatic Organization, Inc. (OPIF #10002347); 16 g. Mark J. Cranford, et al. v. Joseph Airport Toyota, Inc. (OPIF #10001586); 17 h. State ex rel. William J. Brown v. Harold Lyons, et al. (OPIF #10000304); 18 i. Brinkman v. Mazda Motor of America, Inc., (OPIF #10001427); 19 j. Khouri v. Don Lewis, (OPIF #100001995); 20 k. Mosley v. Performance Mitsubishi aka Automanage, (OPIF #10001326); 21 l. Walls v. Harry Williams dba Butch’s Auto Sales, (OPIF #10001524); and, 22 m. Brown v. Spears, (OPIF #10000403). 23 200. Nissan committed these and other unfair and deceptive acts in connection with the 24 marketing and sale of the class vehicles. 25 201. As a direct and proximate result of these unconscionable, unfair, and deceptive acts or 26 practices, Plaintiff Jayavelu and Ohio Subclass Members have been damaged because they: purchased 27 class vehicles they otherwise would not have purchased, paid more for Class Vehicles than they 28 otherwise would have paid, paid for transmission diagnoses, repairs, and replacements, towing, and/or
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1 rental cars, and are left with class vehicles of diminished value and utility because of the defect. 2 Meanwhile, Nissan has sold more class vehicles than it otherwise could and charged inflated prices for 3 class vehicles, thereby unjustly enriching itself. 4 202. Plaintiff Jayavelu and Ohio Subclass Members seek restitution of the substantial sums of 5 money they expended, including to replace their Nissan Sentras’ defective transmissions, which 6 Defendant knew about prior to the sale of the class vehicles. 7 203. Plaintiff Jayavelu and the Ohio Subclass also seek appropriate equitable relief, including 8 an order requiring Nissan to adequately disclose and remediate the transmission defect and enjoining 9 Nissan from incorporating the defective transmissions into its vehicles in the future. 10 204. Nissan is liable to Plaintiff Jayavelu and the other Ohio Subclass Members for 11 compensatory damages, injunctive/equitable relief, and attorneys’ fees pursuant to Ohio Rev. Code § 12 1345.09. 13 EIGHTH CLAIM FOR RELIEF 14 (Deceptive Acts and Practices Unlawful, 15 N.Y. Gen. Bus. Law § 349, et seq.) 16 On Behalf of Plaintiff Cruz and the New York Subclass 17 205. Plaintiff Cruz hereby incorporates by reference the allegations in paragraphs 1 through 18 115 as though set forth fully herein. 19 206. Plaintiff Cruz asserts this cause of action on behalf of herself and the New York 20 Subclass Members. 21 207. Defendant sold and/or leased the Class Vehicles knowingly concealing that they 22 contained the defects alleged. 23 208. Defendant’s acts are and were deceptive acts or practices which are and/or were, likely 24 to mislead a reasonable consumer purchasing the class vehicles. Nissan’s aforementioned deceptive 25 acts and practices are material, in part, because they concern an essential facet of the class vehicles’ 26 functionality and safety. The sale and distribution of the class vehicles in New York was a consumer- 27 oriented act and thereby falls under the New York deceptive acts and practices statute, General 28 Business Law Section 349.
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1 209. Defendant’s practices, acts, policies and course of conduct violated New York’s General 2 Business Law Section 349 Deceptive Acts and Practices, N.Y. Gen. Bus. Law § 349 (McKinney), et 3 seq., in that: 4 a. At the time of sale, Defendant knowingly misrepresented and intentionally omitted 5 and concealed material information regarding the class vehicles by failing to disclose 6 to Plaintiff Cruz and New York Subclass Members the known defects in the 7 transmissions and the known risks associated therewith. 8 b. Thereafter, Defendant failed to disclose the defects to Plaintiff Cruz and the New 9 York Subclass Members, either through warnings or recall notices, and/or actively 10 concealed from them the fact that the class vehicles’ transmissions were defective, 11 despite the fact that the company knew of such defects: (1) at the time of 12 manufacturing, during pre-market testing; (2) at the point where NHTSA began to 13 record complaints about the defect in October 2012; or, at the latest, (3) from its own 14 Technical Service Bulletins dating back to January 2013. 15 c. Defendant forced Plaintiff Cruz and the New York Subclass Members to expend 16 sums of money at its dealerships to repair and/or replace the defective transmissions, 17 despite the fact that Defendant had prior knowledge of the defects at the time of 18 purchase. 19 d. Additionally, Defendant, in administering the Warranty, engaged in materially 20 misleading deceptive acts and practices by replacing failing transmissions with 21 equally defective units and denying the existence of and refusing to repair the widely 22 known problems with the transmissions without a particular code appearing in the 23 vehicles’ computers. 24 e. Furthermore, Defendant engaged in materially misleading and deceptive acts by 25 continuing to sell the class vehicles to the consuming public and to represent that 26 these vehicles were in good working order, merchantable, and not defective, despite 27 Defendant’s knowledge that the vehicles would not perform as intended, 28
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1 represented, and warranted and that the above described defects would cause 2 purchasers to incur significant out-of-pocket costs and expenses. 3 210. The aforementioned conduct is and was deceptive and false and constitutes an 4 unconscionable, unfair, and deceptive act or practice in that Defendant has, through knowing, 5 intentional, and material omissions, concealed the true, defective nature of the transmissions in Nissan 6 Sentras. 7 211. By making these misrepresentations of fact and/or material omissions to prospective 8 customers while knowing such representations to be false, Defendant has misrepresented and/or 9 knowingly and intentionally concealed material facts and breached its duty not to do so. 10 212. Defendant’s misrepresentations of fact and/or material omissions caused injury and 11 actual damages to Plaintiff and the New York Class Members. 12 213. Members of the public were deceived by Defendant’s failure to disclose and could not 13 discover the defect themselves before suffering their injuries. As a direct and proximate result of these 14 unconscionable, unfair, and deceptive acts or practices, Plaintiff Cruz and the New York Class 15 Members have been damaged as alleged herein, and are entitled to recover actual damages to the extent 16 permitted by law, including class action rules, in an amount to be proven at trial. 17 214. Plaintiff Cruz and New York Subclass Members seek restitution of the substantial sums 18 of money they expended to replace their Nissan Sentras’ defective transmissions, which Defendant 19 knew about prior to the sale of the class vehicles and further seek statutory damages or actual damages, 20 whichever is greater for their consumer-related injuries.. 21 215. Plaintiff Cruz and New York Subclass Members also seek appropriate equitable relief, 22 including an order requiring Nissan to adequately disclose and remediate the transmission defect and an 23 order enjoining Nissan from incorporating the defective transmissions into its vehicles in the future. 24 NINTH CLAIM FOR RELIEF 25 (Colorado’s Consumer Protection Act, 26 Col. Rev. Stat. § 6-1-101, et seq.) 27 On Behalf of Plaintiff Trotter and the Colorado Subclass 28
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1 216. Plaintiff Trotter, individually and for the Colorado Subclass, hereby incorporates the 2 allegations in paragraphs 1 through 115 as though fully set forth herein. 3 217. Nissan is a “person,” as defined by § 6-1-102(6) of the Colorado Consumer Protection 4 Act (“Colorado CPA”). 5 218. Plaintiff Trotter and the Colorado Subclass are “consumers,” as defined by the Col. 6 Rev. Stat. § 6-1-113(1)(a), who purchased or leased one or more class vehicles. 7 219. The Colorado CPA prohibits deceptive trade practices in the course of a person’s 8 business. Nissan engaged in deceptive trade practices prohibited by the Colorado CPA, including: (1) 9 knowingly making a false representation as to the characteristics, uses, and benefits of the class 10 vehicles that had the capacity or tendency to deceive Plaintiff Trotter and Colorado Subclass Members; 11 (2) representing that the class vehicles are of a particular standard, quality, and grade even though 12 Nissan knew or should have known they are not; (3) advertising the class vehicles and/or the defective 13 CVT installed in them with the intent not to sell or lease them as advertised; and (4) failing to disclose 14 material information concerning the class vehicles that was known to Nissan at the time of 15 advertisement, sale or lease with the intent to induce Plaintiff Trotter and the Colorado Subclass 16 Members to purchase, lease or retain the class vehicles. 17 220. In the course of its business, Nissan failed to disclose and actively concealed the dangers 18 and risks posed by the class vehicles as described herein and otherwise engaged in activities with a 19 tendency or capacity to deceive. Nissan also engaged in unlawful trade practices by employing 20 deception, deceptive acts or practices, fraud, misrepresentations, or concealment, suppression or 21 omission of any material fact with intent that others rely upon such concealment, suppression or 22 omission, in connection with the sale or lease of the class vehicles. 23 221. Nissan’s actions as set forth above occurred in the conduct of trade or commerce. 24 Nissan’s unfair or deceptive acts or practices, including these concealments, omissions, and 25 suppressions of material facts, had a tendency or capacity to mislead, tended to create a false 26 impression in consumers, were likely to and did in fact deceive reasonable consumers, including 27 Plaintiff Trotter and the Colorado Subclass, about the true safety and reliability of the class vehicles, 28 the quality of Nissan’s brands, and the true value of the class vehicles.
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1 222. Nissan intentionally and knowingly misrepresented material facts regarding the class 2 vehicles with intent to mislead Plaintiff Trotter and the Colorado Subclass. 3 223. Nissan knew or should have known that its conduct violated the Colorado CPA. 4 224. Nissan owed Plaintiff Trotter and the Colorado Subclass a duty to disclose the true 5 safety and reliability of the class vehicles because Nissan: 6 a. Possessed exclusive knowledge of the dangers and risks posed by the foregoing; 7 b. Intentionally concealed the foregoing from Plaintiff Trotter and the Colorado 8 Subclass; and/or 9 c. Made incomplete representations about the safety and reliability of the foregoing 10 generally, while purposefully withholding material facts from Plaintiff Trotter and 11 the Colorado Subclass that contradicted these representations. 12 225. In light of the class vehicles’ defect, and the stigma attached to class vehicles due to the 13 defect and Nissan’s failure to disclose the same, the class vehicles are now worth significantly less than 14 they would be otherwise. A vehicle made by a reputable manufacturer of safe vehicles is worth more 15 than an otherwise comparable vehicle made by a manufacturer that consumers learn makes unsafe 16 vehicles and conceals defects rather than promptly remedying them. 17 226. Plaintiff Trotter and the Colorado Subclass suffered ascertainable loss caused by 18 Nissan’s misrepresentations and its failure to disclose material information. Had they been aware of the 19 class vehicles’ defect, Plaintiff Trotter and the Colorado Subclass would have paid less for their class 20 vehicles or would not have purchased or leased them at all. Plaintiff Trotter and the Colorado Subclass 21 did not receive the benefit of their bargain as a result of Nissan’s misconduct. 22 227. Plaintiff Trotter and the Colorado Subclass risk irreparable injury as a result of Nissan’s 23 acts and omissions in violation of the Colorado CPA, and these violations present a continuing risk to 24 Plaintiff Trotter and the Colorado Subclass, and the general public. Nissan’s unlawful acts and practices 25 complained of herein affect the public interest. 26 228. As a direct and proximate result of Nissan’s violations of the Colorado CPA, Plaintiff 27 Trotter and the Colorado Subclass have suffered injury-in-fact and/or actual damage. 28
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1 229. Pursuant to Colo. Rev. Stat. § 6-1-113, Plaintiff Trotter individually and on behalf of the 2 Colorado Subclass, seeks monetary relief against NISSAN measured as the greater of (a) actual 3 damages in an amount to be determined at trial and discretionary trebling of such damages, or (b) 4 statutory damages in the amount of $500 for each Plaintiff Trotter and each Member of the Colorado 5 Subclass. 6 230. Plaintiff Trotter also seeks an order enjoining Nissan’s unfair, unlawful, and/or 7 deceptive practices, declaratory relief, attorneys’ fees, and any other just and proper relief available 8 under the Colorado CPA. 9 TENTH CLAIM FOR RELIEF 10 (Illinois Uniform Deceptive Trade Practices Act 11 815 ILCA 510/1, et seq.) 12 On Behalf of Plaintiff Macri and the Illinois Subclass 13 231. Plaintiff Macri, individually and for the Illinois Subclass, hereby incorporates the 14 allegations in paragraphs 1 through 115 as though fully set forth herein. 15 232. Plaintiff Macri and Illinois Subclass Members are “person[s,]” as defined by 815 ILCS 16 510/1. 17 233. Defendant Nissan North America, Inc. is a “person” as defined by 815 ILCS 510/1. 18 234. By representing that the class vehicles had characteristics and benefits that they do not 19 have and represented that the class vehicles and their transmissions were of a particular standard, 20 quality, or grade when they were of another, Nissan violated 815 ILCS 510/1(a)(5) & (a)(7). 21 235. Nissan misrepresented that the class vehicles were free from defects in their 22 transmissions. 23 236. Nissan knew of the defects in the transmissions of the class vehicles, including in 24 Plaintiff Macri’s 2013 Sentra, at the time the vehicles were purchased. 25 237. Nissan concealed the defects in the class vehicles from Plaintiff Amanda Macri and 26 other members of the Illinois Subclass. 27 28
CLASS ACTION COMPLAINT - 44 Case 4:17-cv-04871-HSG Document 1 Filed 08/22/17 Page 45 of 52
1 238. Had Plaintiff Macri and Illinois Subclass Members known that the class vehicles’ 2 transmissions were defective, they would not have purchased or leased the class vehicles or 3 would have paid less for them. 4 239. As a result of Nissan’s conduct, Plaintiff Macri and Illinois Subclass Members 5 were harmed and suffered actual damages in that the class vehicles experienced and may continue 6 to experience the aforementioned transmission failures. 7 240. As a direct and proximate result of Nissan’s unfair or deceptive acts or practices, 8 Plaintiff Macri and Illinois Subclass Members suffered and will continue to suffer actual damages. 9 241. Plaintiff Macri and Illinois Subclass Members are entitled to injunctive relief, 10 attorneys’ fees and costs, and any other relief provided by law. 11 ELEVENTH CLAIM FOR RELIEF 12 (Illinois’ Consumer Fraud and Deceptive Business Practices Act 13 815 ILCS 505/1, et seq.) 14 On Behalf of Plaintiff Macri and the Illinois Subclass 15 242. Plaintiff Macri, individually and for the Illinois Subclass, hereby incorporates the 16 allegations in paragraphs 1 through 115 as though fully set forth herein. 17 243. Plaintiff Macri and Illinois Subclass Members are “person[s,]” as defined by 815 ILCS 18 505/1(c). 19 244. Defendant Nissan North America, Inc. is a “person” as defined by 815 ILCS 505/1(c). 20 245. By offering the class vehicles for sale through its authorized dealers, selling the class 21 vehicles, and distributing the class vehicles, Nissan engaged in “trade” and “commerce” as defined by 22 815 ILCS 505/1(f). 23 246. By misrepresenting that the class vehicles did not contain a defect and that Nissan 24 could repair the defect in parts covered under the Warranty, omitting the existence of a transmission 25 defect in class vehicles at the time of purchase and when owners brought their vehicles in for repair 26 due to the transmission failures, and failing to advise owners of class vehicles of the transmission 27 defect post-purchase, Nissan engaged in unfair and deceptive practices in the conduct of trade or 28 commerce in violation of 815 ILCS 505/2.
CLASS ACTION COMPLAINT - 45 Case 4:17-cv-04871-HSG Document 1 Filed 08/22/17 Page 46 of 52
1 247. Nissan knew of the defects in the transmissions of the class vehicles, including in 2 Plaintiff Macri’s 2013 Sentra, at the time the vehicles were purchased. 3 248. Nissan intended for Plaintiff Macri and the Illinois Subclass to rely on its 4 misrepresentations and omissions and purchase the class vehicles under the assumption that they were 5 safe to operate and did not contain a defect in parts covered under the Warranty that Nissan could not 6 fix. 7 249. Had Plaintiff Macri and Illinois Subclass Members known that the class vehicles’ 8 transmissions were defective, they would not have purchased or leased the class vehicles or 9 would have paid less for them. 10 250. As a result of Nissan’s conduct, Plaintiff Macri and Illinois Subclass Members 11 were harmed and suffered actual damages in that the class vehicles experienced and may continue 12 to experience the aforementioned transmission failures. 13 251. As a direct and proximate result of Nissan’s unfair or deceptive acts or practices, 14 Plaintiff Macri and Illinois Subclass Members suffered and will continue to suffer actual damages. 15 252. Plaintiff Macri and Illinois Subclass Members are entitled to actual damages, 16 punitive damages, injunctive relief, attorneys’ fees and costs, and any other relief provided by law. 17 TWELFTH CLAIM FOR RELIEF 18 (Equitable Injunctive and Declaratory Relief) 19 On Behalf of the Class or, Alternatively, on Behalf of the California, Ohio, New York, Colorado and 20 Illinois Subclasses and Their Named Representatives 21 253. Plaintiffs, individually and on behalf of the Class or, in the alternative, the California, 22 Ohio, New York, Colorado and Illinois Subclasses hereby incorporate the allegations in paragraphs 1 23 through 115 as though fully set forth herein. 24 254. Nissan is under a continuing duty to inform its customers of the nature and existence of 25 potential defects in the vehicles it sells. 26 255. Nissan acted uniformly towards Plaintiffs, the Class, and Members of the California, 27 Ohio, New York, Colorado and Illinois Subclasses by refusing the adequately warn about the dangers 28 of the transmission defect or offer a permanent repair of the defect.
CLASS ACTION COMPLAINT - 46 Case 4:17-cv-04871-HSG Document 1 Filed 08/22/17 Page 47 of 52
1 256. Plaintiffs, the Class, Members of the California, Ohio, New York, Colorado and Illinois 2 Subclasses, and the public will suffer irreparable harm if Nissan is not ordered to properly repair all of 3 the class vehicles immediately, offer rescission to the California, Ohio, New York, Colorado and 4 Illinois Subclasses, by repurchasing their class vehicles for their full cost, reimbursing the lessees of the 5 class vehicles the monies they have paid toward their leases, recalling all defective vehicles that are 6 equipped with the defective transmissions, and ceasing and desisting from marketing, advertising, 7 selling, and leasing the class vehicles. 8 257. Such irreparable harm includes, but is not limited to, likely injuries as a result of the 9 transmission defects to the class vehicles. 10 258. Plaintiffs and the Class or, alternatively, the California, Ohio, New York, Colorado and 11 Illinois Subclasses seek appropriate equitable relief including injunctive relief, a declaratory judgment, 12 a court order enjoining Nissan’s wrongful acts and practices, the repair or replacement of all class 13 vehicles, the refund of money paid to own or lease all class vehicles, and any other relief to which 14 Plaintiffs and the Class or, alternatively, the California, Ohio, New York, Colorado and Illinois 15 Subclasses may be entitled. 16 THIRTEENTH CLAIM FOR RELIEF 17 (Declaratory Judgment Act, 28 U.S.C. § 2201, et seq. and Fed. R. Civ. P. 57) 18 On behalf of the Class or, Alternatively, on Behalf of the California, Ohio, New York, Colorado and 19 Illinois Subclasses and Their Named Representatives 20 259. Plaintiffs Falk, Jayavelu, Cruz, Trotter, and Macri, individually and for the Class or, 21 alternatively, the California, Ohio, New York, Colorado and Illinois Subclasses, hereby incorporate the 22 allegations in paragraphs 1 through 115 as though fully set forth herein. 23 260. Declaratory relief is intended to minimize “the danger of avoidable loss and unnecessary 24 accrual of damages.” 10B Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice 25 and Procedure § 2751 (3d ed. 1998). 26 261. There is an actual controversy between Nissan and Plaintiffs concerning whether the 27 class vehicles’ transmission defect creates an unreasonable safety hazard. Pursuant to 28 U.S.C. § 2201, 28
CLASS ACTION COMPLAINT - 47 Case 4:17-cv-04871-HSG Document 1 Filed 08/22/17 Page 48 of 52
1 the Court may “declare the rights and legal relations of any interested party seeking such declaration, 2 whether or not further relief is or could be sought.” 3 262. Despite long knowing the nature of the class vehicles’ defect and its likelihood of 4 placing Plaintiffs, the Class, California, Ohio, New York, Colorado and Illinois Subclasses, and the 5 public at risk of grave injury, Nissan refuses to publicly acknowledge that the class vehicles contain a 6 dangerous defect. Instead, Nissan has unsuccessfully attempted to remediate the defect without 7 advising its consumers and other members of the public of the defect. Nissan has uniformly refused to 8 permanently repair the defect and, upon information and belief, does not always cover the defect under 9 the warranty. 10 263. Accordingly, based on Nissan’s failure to act, Plaintiffs seek a declaration that the class 11 vehicles are defective, as alleged herein, covered under the Warranty, and that the Warranty fails of its 12 essential purpose because Nissan cannot repair or replace the defective transmissions. The defective 13 nature of the class vehicles is material and requires disclosure to all persons who own them. 14 264. The declaratory relief requested herein will generate common answers that will settle the 15 controversy related to the alleged defective nature of the class vehicles and the reasons for their 16 repeated failure. There is an economy to resolving these issues as they have the potential to eliminate 17 the need for continued and repeated litigation. 18 FOURTEENTH CLAIM FOR RELIEF 19 (Unjust Enrichment) 20 On behalf of the Class or, Alternatively, on Behalf of the California, Ohio, New York, Colorado and 21 Illinois Subclasses and Their Named Representatives. 22 265. In the alternative, Plaintiffs Falk, Jayavelu, Cruz, Trotter, and Macri, individually and 23 for the Class or, alternatively, the Pennsylvania, California, New Jersey, and Florida Subclasses, hereby 24 incorporate the allegations in paragraphs 1 through 115 as though fully set forth herein. 25 266. Nissan knew or should have known that Plaintiffs, the Class, and the California, Ohio, 26 New York, Colorado and Illinois Subclasses paid for the class vehicles with the expectation that they 27 would perform as represented. 28 267. Plaintiffs, the Class, and the California, Ohio, New York, Colorado and Illinois
CLASS ACTION COMPLAINT - 48 Case 4:17-cv-04871-HSG Document 1 Filed 08/22/17 Page 49 of 52
1 Subclasses conferred substantial benefits on Nissan by purchasing the defective class vehicles. Nissan 2 knowingly and willingly accepted and enjoyed those benefits. 3 268. Nissan’s retention of these benefits is inequitable. 4 269. As a direct and proximate cause of Nissan’s unjust enrichment, Plaintiffs, the Class or, 5 in the alternative the California, Ohio, New York, Colorado and Illinois Subclasses, are entitled to an 6 accounting, restitution, attorneys’ fees, costs and interest. 7 PRAYER FOR RELIEF 8 WHEREFORE, Plaintiffs, individually and on behalf of all others similarly situated, pray for a 9 judgment against Nissan as follows: 10 A. For an order certifying the Class and/or Subclasses, appointing Plaintiffs as 11 representatives of the Class and each Subclass, and appointing the law firms representing Plaintiffs as 12 counsel for the Class; 13 B. For a declaration that the transmissions in class vehicles are defective, the remedial work 14 necessary to correct the defective transmissions is covered by the Warranty, and the Warranty fails of 15 its essential purpose; 16 C. For compensatory damages and/or restitution or refund of all funds acquired by Nissan 17 from Plaintiffs as a result of Nissan’s unlawful, unfair, deceptive and unconscionable practices 18 described herein and in the consumer protection statutes of California, Ohio, New York, Colorado and 19 Illinois, including actual and/or statutory and/or punitive damages and/or trebled damages to the extent 20 permitted by law in an amount to be proven at trial; 21 D. Trebling of damages suffered by the Class and/or appropriate Subclass; 22 E. Payment of costs and expenses of suit herein incurred; 23 F. Both pre-and post-judgment interest on any amounts awarded; 24 G. Payment of reasonable attorneys’ fees and expert fees; 25 H. Punitive damages where available; and 26 I. Such other and further relief as the Court may deem proper. 27 DEMAND FOR JURY TRIAL 28 Plaintiffs, the Class, and the California, Ohio, New York, Colorado and Illinois Subclasses
CLASS ACTION COMPLAINT - 49 Case 4:17-cv-04871-HSG Document 1 Filed 08/22/17 Page 50 of 52
1 hereby demand trial by jury of all issues triable by right. 2 3 Dated: August 22, 2017 BRONSTEIN, GEWIRTZ & GROSSMAN 4 By: /s/ Shimon Yiftach 5 Shimon Yiftach (SBN 277387) Peretz Bronstein* 6 1925 Century Park East, Suite 1990 Los Angeles, CA 90067 7 T: (424) 322-0322 8 F: (212) 697-7296 [email protected] 9 [email protected]
10 Gary Mason* 11 Jennifer S. Goldstein** (SBN 310335) WHITFIELD BRYSON & MASON, LLP 12 5101 Wisconsin Ave., NW 13 Suite 305 Washington, D.C. 20016 14 T: (202) 429-2290 F: (202) 429-2294 15 [email protected] 16 [email protected]
17 Lawrence Deutsch* Jeffrey Osterwise* 18 BERGER & MONTAGUE, P.C. 19 1622 Locust Street Philadelphia, PA 19103 20 T: (215) 875-3062 F: (215) 875-4604 21 [email protected] 22 [email protected]
23 Nicholas A. Migliaccio* Jason S. Rathod* 24 MIGLIACCIO & RATHOD, LLP 25 412 H Street N.E., Ste. 302 Washington, DC 20002 26 T: (202) 470-3520 F: (202 800-2730 27 [email protected] 28 [email protected]
CLASS ACTION COMPLAINT - 50 Case 4:17-cv-04871-HSG Document 1 Filed 08/22/17 Page 51 of 52
Gary S. Graifman, Esq.* 1 Jay I. Brody, Esq.* 2 KANTROWITZ GOLDHAMER & GRAIFMAN, P.C. 747 Chestnut Ridge Road, Suite 200 3 Chestnut Ridge, New York 10977 T: (845) 356-2570 4 F: (845) 356-4335 5 [email protected] [email protected] 6 7 Daniel Calvert, Esq.* Catherine S. Blackshear, Esq.* 8 PARKER WAICHMAN, LLP 27300 Riverview Center Boulevard 9 Suite 103 10 Bonita Springs, Florida 34134 T: (239) 390-1000 11 F: (239) 390-0055 [email protected] 12 [email protected] 13 Attorneys for Plaintiffs 14 * Will seek pro hac vice admission 15 ** Will seek admission to this Court 16
17 18 19 20 21 22 23 24 25 26 27 28
CLASS ACTION COMPLAINT - 51 Case 4:17-cv-04871-HSG Document 1 Filed 08/22/17 Page 52 of 52
1 Plaintiff Michelle Falk’s CLRA Venue Declaration Pursuant to 2 Cal. Civ. Code § 1780(d) 3 I, Michelle Falk, declare as follows: 4 1. I am a plaintiff in this action and a citizen of the State of California. I have personal knowledge 5 of the facts stated herein and, if called as a witness, I could testify competently thereto. 6 2. This class action Complaint is filed in the proper place for trial because: (1) the Defendant is 7 doing business in this District and (2) the transaction at issue, or a substantial portion thereof, took 8 place in this District. 9 3. In July 2016, I purchased a Nissan Sentra in the City of Redwood, California, which is in this 10 District. 11 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 12 and correct. 13 Date Executed: August 22, 2017 14
15 –––––––––––––––––––––– Michelle Falk 16
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CLASS ACTION COMPLAINT - 52 Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 1 of 37
EXHIBIT A Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 2 of 37
1. An October 31, 2012 consumer complaint to NHTSA states: “TL* THE CONTACT
OWNS A 2013 NISSAN SENTRA. THE CONTACT STATED THAT WHILE
TRAVELING 35 MPH, THE VEHICLE SUDDENLY STALLED WITHOUT
WARNING. THE CONTACT WAS ABLE TO MERGE TO THE SIDE OF THE ROAD
TO RESTART THE VEHICLE. THE VEHICLE THEN BEGAN TO FUNCTION
NORMALLY. THE VEHICLE WAS ABLE TO BE DRIVEN TO THE DEALER
WHERE THE FAILURE COULD NOT BE REPLICATED. THE VEHICLE WAS NOT
REPAIRED. THE MANUFACTURER WAS NOT CONTACTED ABOUT THE
FAILURE. THE FAILURE MILEAGE WAS 419 AND THE CURRENT MILEAGE
WAS UNAVAILABLE.”
2. A March 9, 2013 consumer complaint to NHTSA states: “I WAS WAITING AT A RED
LIGHT TO MAKE A LEFT TURN. ONCE THE LIGHT TURNED GREEN AND I
STEPPED ON THE ACCELERATOR, THE CAR STARTED TO JERK AND LOST
POWER. IT DID NOT TURN COMPLETELY OFF BUT IT WOULD NOT DRIVE. I
HAD TO PUT MY HAZARD LIGHTS ON TO AVOID BEING REAR ENDED BY
THE VEHICLE DIRECTLY BEHIND ME THAT WAS ALSO MAKING A LEFT
TURN. I OWNED THE CAR FOR LESS THAN 24 HOURS AT THAT POINT. IT
ONLY HAD 152 MILES ON THE ODOMETER. THE DEALERSHIP SENT A TOW.
THE DIAGNOSIS WAS THAT THE SOFTWARE NEEDED TO BE UPDATED. I
DON'T UNDERSTAND HOW NISSAN CAN SELL A CAR THAT ISN'T PROPERLY
PROGRAMMED? WHY WASN'T THE PROGRAMMING CHECKED PRIOR TO ME
DRIVING IT OFF THE LOT? I WILL DRIVE IT FOR A FEW DAYS TO SEE IF IT
HAPPENS AGAIN. *TR” Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 3 of 37
3. A January 1, 2014 consumer complaint to NHTSA states: “I ONLY HAD MY CAR FOR
ABOUT 10 MONTHS. I KEEP MY CAR UPDATED WITH THE MAINTENANCE. I
DROVE TO LAS VEGAS, NEVADA FRIDAY AFTERNOON. MY CAR WAS
RUNNING GREAT I GET TO LAS VEGAS NEVADA I HERE THIS LOUD
GRINDING CRINKLY NOISE COMING FROM MY ENGINE OR TRANSMISSION.
I TAKE IT TO PLANET NISSAN IN LAS VEGAS NEVADA. THEY TOOK
FOREVER TO EVEN TAKE ME AS A CUSTOMER. THEN THEY COME OUT AND
SAY YOU ARE NOT ELIGIBLE FOR A RENTAL AND YOUR TRANSMISSION
WENT OUT. THEY PROCEEDED TO TELL ME THAT I WILL BE RESPONSIBLE
FOR THE CAR AS FAR AS PICKING IT UP WHEN ITS FIXED. THIS IS THE
WORST EXPERIENCE I HAD WITH CARS. THIS IS THE THIRD TIME
SOMETHING BAD HAPPENS TO THIS CAR AND ITS SUPPOSED TO BE BRAND
NEW. I BOUGHT IT WITH 32 MILES ON IT. MIND YOU ALL THIS WAS ON A
TRIP I TOOK TO VEGAS WITH MY FAMILY. MY TWO YEAR OLD SON WAS
DRAINED FROM THIS EXPERIENCE HAVING TO SPEND 6 HOURS AT PLANET
NISSAN. THEY EVEN TRY SELLING ME A ANOTHER NEW SENTRA.”
4. A January 9, 2014 consumer complaint to NHTSA states: “TL* THE CONTACT OWNS
A 2013 NISSAN SENTRA. THE CONTACT STATED THAT WHILE DRIVING 65
MPH, THE VEHICLE BEGAN TO LOSE POWER. THE VEHICLE WAS TAKEN TO
THE DEALER FOR INSPECTION WHERE THEY STATED THAT THE
TRANSMISSION NEEDED TO BE REPLACED. THE VEHICLE WAS NOT
REPAIRED. THE MANUFACTURER WAS NOTIFIED OF THE FAILURE. THE
FAILURE MILEAGE WAS 7,007. ..UPDATED 02-04-14 *BF” Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 4 of 37
5. An April 9, 2014 consumer complaint to NHTSA states: “WHILE SUPPOSEDLY
"STOPPED" AT A RED LIGHT, I REALIZED I WAS ROLLING FORWARD WITH
THE BRAKE DEPRESSED. I PRESSED THE BRAKE PEDAL TO THE FLOOR AND
THE CAR STOPPED. WHEN I ACCELERATED EVER SO SLIGHTLY, THE CAR
BUCKED AND JOLTED FORWARD. I SLOWED TO A STOPPED WITH BARELY
THERE BRAKES, PUT THE CAR IN PARK AND PUMPED UP THE BRAKES,
RAISING THE PEDAL. THIS SEEMED TO TEMPORARILY HELP, BUT THE
PEDAL WENT TO THE FLOOR AGAIN THE NEXT TIME ATTEMPTED TO STOP.
CAR IS AT THE DEALERSHIP NOW. I AM AWAITING THEIR CALL. *TR”
6. A May 19, 2014 consumer complaint to NHTSA states: “TL* THE CONTACT OWNS
A 2013 NISSAN SENTRA. WHILE DRIVING DOWNHILL AT VARIOUS SPEEDS,
THE ENGINE RPMS INCREASED EXCESSIVELY. THE VEHICLE WAS TAKEN
TO THE DEALER, BUT THEY COULD NOT DUPLICATE THE FAILURE. THE
VEHICLE WAS NOT REPAIRED. THE FAILURE MILEAGE WAS 1,000.”
7. An October 24, 2014 consumer complaint to NHTSA states: “TL* THE CONTACT
OWNS A 2013 NISSAN SENTRA. THE CONTACT STATED WHILE DRIVING
APPROXIMATELY 30 MPH, THERE WAS A SUDDEN INCREASE IN ENGINE
RPMS AS THE VEHICLE SHOOK ABNORMALLY AND STALLED WITHOUT
WARNING. THE VEHICLE WAS RESTARTED BUT THE FAILURE RECURRED
MULTIPLE TIMES. THE VEHICLE WAS TAKEN TO A DEALER MULTIPLE
TIMES FOR A DIAGNOSIS. THE TECHNICIAN WAS UNABLE TO LOCATE A
PROBLEM AND STATED THAT THE FAILURES WERE NORMAL. THE Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 5 of 37
MANUFACTURER WAS NOTIFIED OF THE FAILURE AND DID NOT OFFER
ANY FURTHER ASSISTANCE. THE FAILURE MILEAGE WAS 3,700.”
8. A November 24, 2014 consumer complaint to NHTSA states: “VEHICLE TURNS OFF
BY ITSELF WHILE DRIVING, TRANSMISSION NEEDS TO BE REPLACED,AND
A LOT OF ISSUES WITH THE ENGINE. *TR”
9. A January 21, 2015 consumer complaint to NHTSA states: “THE CAR WHEN IS IN A
COMPLETE STOP, MAKES A LAUD SOUND. THE VEHICLE DOES NOT WANT
TO COME OUT OF GEAR. THE SHIFTER GET LOCK, IT GETS REALLY HARD
TO CHANGE THE GEARS FROM (P TO D) IS HAS HAPPEN MULTIPLE TIME
MORE THAN 30 TIMES. I WENT TO PLANET NISSAN ON CENTENNIAL BLVD,
LAS VEGAS NV, THE FIRST TIME LATE DECEMBER I SHOW THE WORKER. I
SHOW HIM A VIDEO OF THE PROBLEM, THE VIDEO YOU CAN HEAR AND
SEE WHEN THE DRIVE HANDLE GETS STUCK OR LOCK. HE TOLD ME THAT
THE CAR SHOULD NOT MAKE THAT SOUND, AND HE ORDER THE PART FOR
IT (THE SHIFTER).HE SAID YES AND HE SCHEDULE A APPOINTMENT FOR
1/21/15 8:00. WHEN I PICK MY CAR UP,I WENT HOME AND PARK MY CAR IN
THE DRIVEWAY IT MADE THE SOUND AGAIN, THEN I PARK THE CAR IN
THE STREET, AND THEN MADE THE SOUND AGAIN AND THE DRIVE
HANDLE GOT LOCK. I HAD TO TAKE THE CAR BACK TEST DRIVE IT WITH
THE WORKER AND HE SAID IT WAS NORMAL. THAT ALL CARS MAKE THAT
SOUND WHEN THEY ARE PARK IN A HILL. I TOLD HIM MY DRIVEWAY IS
NOT A HILL AND THE STREET WHERE I PARK MY CAR EVERYDAY IS NOT A
HILL, WHERE I PARK AT WORK IS NOT A HILL, I WAS UNHAPPY AND I Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 6 of 37
DON'T FEEL SAFE DRIVING THIS CAR, I DON'T KNOW WHAT TO DO AT THIS
POINT. THEY DON'T WANT TO TAKE THE CAR FOR SERVICE BECAUSE THEY
DON'T SEE A VISIBLE PROBLEM OR THEY NEVER FOUND A PROBLEM
WHEN THEY REPLACE THE SHIFTER AND VERIFIED THE FIX. MY SISTER
HAS THE SAME CAR JUST 2014 ONE YEAR DIFFERENCE AND SHE PARKS
HER CAR IN THE DRIVE WAY ALL THE TIME AND IS FINE. I FELL LIKE IS
THE TRANSMISSION OR GEARS I DON'T KNOW. MY CAR IS IN THE
WARRANTY I EVEN PAY EXTRA 1 YEAR WARRANTY. THIS PEOPLE JUST
GIVE ME THE TURN AROUND AND THEY DON'T WANT TO CHECK MY CAR. I
DON'T KNOW WHAT TO DO, WHY? WHY? ARE THEY NOT FIXING THIS
PROBLEM. WHAT CAN I DO? I KNOW THIS CAR HAS A PROBLEM AND THEY
REFUSE TO HELP ME. MY CAR HAS ONLY 13752 MILES. PLEASE HELP WHAT
CAN I DO? *TR”
10. A March 1, 2015 consumer complaint to NHTSA states: “AS I WAS DRIVING MY
CAR BEGAN TO JERK. I COULD NOT GAIN ANY SPEED AND ALMOST CAUSE
TWO ACCIDENTS BECAUSE OF THE WAY IT JERKED. *TR”
11. An October 1, 2015 consumer complaint to NHTSA states: “TL* THE CONTACT
OWNS A 2013 NISSAN SENTRA. WHILE DRIVING 65 MPH, THE
TRANSMISSION BLEW OUT. THE VEHICLE WAS TAKEN TO A DEALER
WHERE IT WAS DIAGNOSED THAT THE VEHICLE NEEDED A NEW
TRANSMISSION. THE MANUFACTURER WAS MADE AWARE OF THE ISSUE.
THE FAILURE MILEAGE WAS 45,900.” Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 7 of 37
12. A November 11, 2015 consumer complaint to NHTSA states: “THIS HAPPENED ON
THE FREEWAY, TRANSMISSION SLAMMED INTO LOW GEAR GOING AT 65
MPH. PULLED OFF THE FREEWAY AND LUCKILY DUARTE NISSAN IN
CALIFORNIA WAS LESS THEN A MILE AWAY. THE CAR BARELY MADE IT.
THEY REPLACED THE TRANSMISSION BUT THIS WAS AT ONLY 20K MILES.
THE DEALERSHIP SAID THAT THIS IS HAPPENING TO A FEW VEHICLES, BUT
THIS IS DANGEROUS THAT MY CAR SLAMMED INTO LOW GEAR ON THE
FREEWAY. IT SCARED MYSELF AND MY FAMILY.”
13. A December 6, 2015 consumer complaint to NHTSA states: “SLIPPING
TRANSMISSION ON TAKEOFF AND DURING ANY TYPE OF ACCELERATION.
WAS ABOUT CREAMED BY A TRUCK ON 301 TURNING INTO HAMPTON
OAKS PARKWAY IN TAMPA FL. NO ACCIDENT, BUT ALSO HAD
TRANSMISSION ENTER A DEFAULT STATE WHERE CAR WOULDN'T
ACCELERATE OVER 50MPH. DEALER HASN'T FIXED AND IT IS AN
INTERMITTENT ISSUE. DEALER SAYS THEY CAN'T REPRODUCE THE
PROBLEM, AUTOWAY NISSAN OF BRANDON.”
14. A December 17, 2015 consumer complaint to NHTSA states: “TL* THE CONTACT
OWNS A 2013 NISSAN SENTRA. AFTER STARTING THE VEHICLE AND
ATTEMPTING TO ACCELERATE, THE ACCELERATOR PEDAL WAS
DEPRESSED BUT THE VEHICLE FAILED TO MOVE FORWARD. THE VEHICLE
WAS TOWED TO A DEALER WHERE IT WAS DIAGNOSED THAT THE
TRANSMISSION NEEDED TO BE REPLACED. THE VEHICLE WAS NOT Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 8 of 37
REPAIRED. THE MANUFACTURER WAS NOTIFIED OF THE FAILURE. THE
FAILURE MILEAGE WAS 89,000. THE VIN WAS UNAVAILABLE.”
15. A January 19, 2015 consumer complaint to NHTSA states: “IN THE EVENING OF
12/23/2015 WHEN ENTERING FREEWAY 101 IN CA AT THE GILROY
ENTRANCE, I PRESSED THE ACCELERATOR PEDAL IN MY VEHICLE IN
ORDER TO REACH THE FREEWAY SPEED OF 65 MPH. WHEN PRESSING THE
ACCELERATOR I DIDN'T GET THE ACCELERATION GOING AND I
EXPERIENCED A SUDDEN JERK MOTION IN THE CAR. THE CAR DID NOT
ACCELERATE UP TO THE 65 MPH AND I HAD TO ENTER THE FREEWAY AT A
SPEED OF ABOUT 40-50 MPH. IF A DRIVER HAD BEEN ENTERING THE
FREEWAY BEHIND ME AT REGULAR ACCELERATION, PROBABLY HE
WOULD HAD CRASH INTO MY CAR. AFTER NOTICING THE LACK OF
ACCELERATION, I FELT THE CAR TRIED TO CHANGE GEARS BUT DIDN'T,
EXPERIENCING MORE JERKING WHEN PRESSING THE ACCELERATOR.
AFTER DRIVING IN THE FREEWAY FOR 13 MILES, I EXIT THE FREEWAY AND
THE CHECKENGINE LIGHT CAME ON. I WAS ABLE TO DRIVE HOME AND
NEXT DAY DRIVE TO THE LOCAL MECHANIC FOR A QUICK CHECKUP. THE
LOCAL MECHANIC DID A COMPUTER DIAGNOSIS AND DETERMINED THERE
WAS A PROBLEM WITH THE TRANSMISSION AND THE TRANSMISSION
SOLENOID. MY CAR HAS ONLY 73,179 MILES AND IS IS PRETTY UNUSUAL
THAT SUCH A DRIVEN VEHICLE FAILS AT THIS MILEAGE. 2 MORE
DIAGNOSTICS WERE RUN WITH THE COMPUTER DESCRIPTION STATING
CLUTCH PRESSURE DISENGAGEMENT PERFORMANCE. TRANSMISSION Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 9 of 37
FLUID LEVELS FINE. THIS KIND OF FAILURE IS INADMISSIBLE IN A CAR
THIS OLD AND VERY DANGEROUS IN A HIGHWAY SCENARIO.
16. A March 9, 2016 consumer complaint to NHTSA states: “PURCHASED NISSAN
SENTRA 2013 FIVE MONTHS AGO AT 47,000 MILES. I HAVE HAD MY
TRANSMISSION REPLACED 3 TIMES IN 4 MONTHS. THE FIRST 1 TIME I WAS
ON THE HIGHWAY GOING 65 MPH AND THE VEHICLE SUDDENLY
DECELERATED, TRAFFIC WOULD NOT ALLOW ME TO PULL OVER IN TIME.
IT CAME TO A COMPLETE STOP IN THE MIDDLE OF THE HIGHWAY. I WAS
PUSHED TO THE SIDE AFTER PEOPLE PULLED OVER. THE SECOND TIME I
WAS ON THE HIGHWAY AND WAS ABLE TO PULL TO THE SIDE WHEN THE
CAR DECELERATED. TOWED BOTH TIMES. THE 3RD TIME I WAS PULLING
INTO A REST STOP A SAFE AREA. I WAS ABLE TO START THE CAR BACK UP
BUT IT JERKED TO THE GARAGE. I WILL BE AFRAID TO DRIVE THE
VEHICLE AND MY WARRANTY WILL BE OVER, I AM AMAZED THAT A CAR
COMPANY IGNORES THIS WITH HUNDREDS OF COMPLAINTS.”
17. A March 16, 2016 consumer complaint to NHTSA states: “WHEN THE CAR SPED
SOMETIMES BEGINS TO VIBRATE THIS DOES AT STARTUP UNTIL 15 MILES
AND THEN THE CAR WORKS NORMALLY. IT IS AS IF IN THIS SITUATION
START TO HAPPEN. BY PUTTING THE CAR IN NEUTRAL DOES NOT HAVE
THIS PROBLEM.”
18. A May 24, 2016 consumer complaint to NHTSA states: “WHILE TRAVELING ON
THE INTERSTATE DURING MORNING RUSH HOUR, MY 2013 NISSAN SENTRA
STARTED SHAKING AND VIBRATING. THE ENGINE BEGAN MAKING Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 10 of 37
SOUNDS, AND SINCE I WAS IN STOP-AND-GO TRAFFIC, I NOTICED THAT
WHEN I STEPPED ON THE BRAKES OR TRIED TO ACCELERATE, THE
VEHICLE WOULDN'T RESPOND. THE RPM METER WAS JUMPING ALL OVER
THE PLACE. WHEN I TRIED TO ACCELERATE, MY CAR WOULDN'T MOVE,
AND THEN WOULD JERK FORWARD SUDDENLY. THIS ALL MADE DRIVING
ON THE HIGHWAY VERY SCARY, ESPECIALLY SINCE THE PROBLEMS CAME
ABOUT SUDDENLY. I WOULD HAVE TO KEEP AN OVERCAUTIOUS
DISTANCE FROM OTHER VEHICLES BECAUSE I WASN'T SURE WHEN MY
CAR WOULD DECIDE TO STOP OR SPEED UP. ALL OF THIS WAS HAPPENING
AND THE CHECK ENGINE LIGHT NEVER CAME ON. THE TRANSMISSION HAS
HAD A RECALL BEFORE, AND I HAVE SEEN HUNDREDS OF CONSUMER
REPORTS OF OTHERS WITH THE SAME COMPLAINT. MY VEHICLE IS ONLY 3
YEARS OLD, I AM THE FIRST OWNER, AND IT HAS LESS THAN 70,000 MILES
ON IT. I HAVE KEPT UP WITH ALL SERVICE REQUIREMENTS. I THINK
NISSAN NEEDS TO TAKE RESPONSIBILITY FOR PUTTING CARS WITH
UNSAFE TRANSMISSIONS ON THE ROAD.”
19. A July 6, 2016 consumer complaint to NHTSA states: “WESTON NISSAN VOLVO /
TO WHOM IT MAY CONCERN IN DECEMBER 2013, I BOUGHT A 2013 NISSAN
SENTRA, FROM YOUR DEALER SERVICES WESTON NISSAN. SO FAR, I
RECEIVED FOREVER THE SERVICES FROM YOUR SPECIALIZED
DEPARTMENT, MAINTENANCE REQUIRED BY YOUR PEOPLE IN THE SAME
PLACE WHERE IT WAS PURCHASED. A FEW DAYS AGO, THE VEHICLE
PRESENTED A FAULT ACCORDING TO REPORTS BY THE MECHANIC OF Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 11 of 37
WESTON NISSAN; CORRESPONDS TO A FAILURE OF TRANSMISSION. THAT
PERSON NOTIFIED ME THAT THE TRANSMISSION (POWERTRAIN) IS
DAMAGED AND HAVE TO BE REPLACED AT A COST OF $ 4000. THIS
TRANSMISSION WAS DAMAGES BECAUSE PROPER MAINTENANCE WAS
NOT PERFORMED, AS REPORTED BY THE MECHANIC. NOW, AS CAN THIS BE
POSSIBLE? , IF THE CAR CONSTANTLY CARRY TO SERVICE ACCORDING TO
THE WARRANTY AND MAINTENANCE REQUIREMENTS UPON MILES. AND
IN THE SERVICE RECORD, YOU CAN SEE THAT THERE IS NO SERVICE FOR
THIS PART. NISSAN SHOULD STAND BEHIND THEIR TRANSMISSION
PRODUCT, REPUTATION AND DO WHAT IS RIGHT FOR ALL CONSUMERS
WHO EXPERIENCE A TRAUMATIC AND COSTLY SITUATION DUE TO THE
POOR QUALITY AND FAILED TRANSMISSION. NISSAN DECLINE TO TAKE
ANY RESPONSIBILITY. ALSO, I M VERY DIS
SHORT TIME THE CAR SUFFERED AIR CONDITIONING PROBLEMS,
REPLACEMENT GAS PUMP, AIR BAG PROBLEMS (MANY TIMES) AND MORE
RECENTLY SERIOUS TRANSMISSION PROBLEM. IN MY CAR SVICE SER
RECORD, THERE IS NO EVIDENCE OF CHANGING AIR FILTERS AND OTHER
IMPORTANT CAR S PARTS, WH
SERVICE S QUALITY
CHANGED. I THINK THERE IS NO REASON, IF THERE IS BEEN A PROPERLY
SERVICE, TO HAVE ALL THIS ISSUES WITH MY CAR. BEST REGARDS,
NHTSA RECALL 14V-138” Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 12 of 37
20. An August 29, 2016 consumer complaint to NHTSA states: “TRANSMISSION JERKS
ACCELERATING AND DECELERATING BETWEEN 15-30 MPH. WARRANTY IS
TO 60K, HOWEVER HUNDREDS (IF NOT THOUSANDS) OF OWNERS HAVE
THIS ISSUE. RESETTING THE EMS MODULE DID NOT FIX THE ISSUE. CAR
NEEDS A NEW TRANSMISSION. A CAR THAT WAS PAMPERED FOR 77K
MILES SHOULD NOT NEED A $3,800 TRANSMISSION. BASED THE NUMBER
OF OWNERS WHO HAVE THIS ISSUE, IT IS A MANUFACTURER'S DEFECT,
NOT AN OWNER'S ISSUE. NO ONE SHOULD HAVE TO DEAL WITH PROBLEM
ON A NEW CAR. THE GOVERNMENT SHOULD INVESTIGATE.”
21. An October 2, 2016 consumer complaint to NHTSA states: “WHILE TRAVELING ON
THE INTERSTATE DURING MORNING RUSH HOUR, MY 2013 NISSAN SENTRA
STARTED SHAKING AND VIBRATING. THE ENGINE BEGAN MAKING
SOUNDS, AND SINCE I WAS IN STOP-AND-GO TRAFFIC, I NOTICED THAT
WHEN I STEPPED ON THE BRAKES OR TRIED TO ACCELERATE, THE
VEHICLE WOULDN'T RESPOND. THE RPM METER WAS JUMPING ALL OVER
THE PLACE. WHEN I TRIED TO ACCELERATE, MY CAR WOULDN'T MOVE,
AND THEN WOULD JERK FORWARD SUDDENLY. THIS ALL MADE DRIVING
ON THE HIGHWAY VERY SCARY, ESPECIALLY SINCE THE PROBLEMS CAME
ABOUT SUDDENLY. I WOULD HAVE TO KEEP AN OVERCAUTIOUS
DISTANCE FROM OTHER VEHICLES BECAUSE I WASN'T SURE WHEN MY
CAR WOULD DECIDE TO STOP OR SPEED UP. ALL OF THIS WAS HAPPENING
AND THE CHECK ENGINE LIGHT NEVER CAME ON. THE TRANSMISSION HAS
HAD A RECALL BEFORE, AND I HAVE SEEN HUNDREDS OF CONSUMER Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 13 of 37
REPORTS OF OTHERS WITH THE SAME COMPLAINT. MY VEHICLE IS ONLY 3
YEARS OLD, I AM THE FIRST OWNER, AND I HAVE KEPT UP WITH ALL
SERVICE REQUIREMENTS. CALL THE DEALERSHIP AND WAS TOLD THE
TRANSMISSION NEEDS TO BE REPLACE, THAT THIS CARS CONTINUING TO
HAVE THIS ISSUE SINCE THE BEGINING OF THE CVT TRANSMISSION ON
THE SENTRAS I THINK NISSAN NEEDS TO TAKE RESPONSIBILITY FOR
PUTTING CARS WITH UNSAFE TRANSMISSIONS ON THE ROAD, MY FAMILY
OWN MANY NISSAN VEHICLES AND THEY ARE GOOD PRODUCTS WITH
SOME EXCEPTIONS”
22. An October 4, 2016 consumer complaint to NHTSA states: “MY NISSAN IS A 2013
SENTRA THE TRANSMISSION GAVE OUT AT 103,000K. 3K OVER THE DRIVE
TRAIN WARRANTY.”
23. An October 27, 2016 consumer complaint to NHTSA states: “THE TRANSMISSION
ON MY CAR HAS NOW BEEN REPLACE TWICE, THE CAR SHAKES, JOLTS
AND SHUT OFF. NOW FOR A THIRD TIME WHILE DRIVING ON THE STREET
THE CAR SHOCK HARD AND THE TRANSMISSION AND ENGINE FELL. THE
CAR WAS UNMOVABLE. IT WAS SO DANGEROUS I WAS IN MORNING
TRAFFIC AND 3 CARS ALMOST HIT ME BECAUSE THE CAR STOP IN THE
MIDDLE OF THE STREET. HAD TO GET THE CAR TOWED TO THE
DEALERSHIP AND NOW WAITING TO SEE WITH WHAT EXCUSE THE COME
OUT WITH. CAR ALWAYS SHAKES SINCE I TOG IT NEW IN 2013. *TR”
24. A November 7, 2016 consumer complaint to NHTSA states: “VEHICLE WOULDN'T
ACCELERATE GOING UP A SMALL HILL. RPM'S INCREASED TO 4000-5000 Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 14 of 37
RANGE BUT NO POWER. TOOK TO DEALERSHIP SAID CVT TRANSMISSION
FAILURE. 83,000 MILES, 3 YEARS OLD.”
25. A November 15, 2016 consumer complaint to NHTSA states: “'TAKATA RECALL" I
BOUGHT MY CAR BRAND NEW, I'VE ONLY HAD IT FOR 3 YEARS AND NOW I
NEED TO REPLACE MY TRANSMISSION. I TOOK MY CAR IN FOR AN
ALIGNMENT, I WAS SHOWN WHERE THERE IS A LEAK ON THE
TRANSMISSION. I'VE TAKEN IT TO 3 SEPARATE MECHANICS.
UNFORTUNATELY, BECAUSE ITS A CVT TYPE OF TRANSMISSION, ONLY
NISSAN IS ABLE TO FIX IT! NISSAN WON'T BUDGE ON THE COST OF
REPAIRS, THEY HAVE AN I DON'T CARE ATTITUDE ABOUT IT. IT'S A DAMN
SHAME THAT NISSAN IS BUILDING FAULTY TRANSMISSIONS AND WON'T
STAND BEHIND THEIR PRODUCT. I AM LITERALLY KICKING MYSELF IN
THE ASS FOR BUYING A NISSAN. ONCE UPON A TIME, NISSAN WAS KNOWN
TO MAKE EXCELLENT QUALITY CARS THAT WERE BUILT TO LAST A
LIFETIME. THIS IS MY FIRST BRAND NEW CAR, BUT NOT MY FIRST NISSAN.
I AM EXTREMELY DISAPPOINTED! I WILL NEVER AGAIN PURCHASE A
NISSAN! I WILL DISCOURAGE EVERYONE I KNOW FROM BUYING NISSAN
VEHICLES! WHAT A DISGRACE!!!!”
26. A November 16, 2016 consumer complaint to NHTSA states: “PURCHASED A 2013
NISSAN SENTRA WITH AROUND 45820 MILES ON IT.2 WEEKS LATER THE
TRANSMISSION GOES OUT. THEY REPLACED BECAUSE IT WAS STILL
UNDER WARRANTY.RECEIVED IT BACK WITH PROBLEMS. RPM WOULD GO
UP PAST 5 WHEN ACCELERARING OR PASSING. COMPLAINED AND NEVER Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 15 of 37
RECEIVED A CALL BACK WAS TOLD THAT WAS NORMAL.. PROBLEM
CONTINUES. EVEN HAD A SUPERVISOR TEST DRIVE AND WAS TOLD
NOTHING WAS OUT OF ORDER.CONTACT CORPORATE THEY SEND ME TO A
NEW DEALER AND ITS GEARS THAT ARE NOT SHIFTING CORRECTLY.
SOLUTION ANOTHER TRANSMISSION THIS TIME THEY EXPECT ME TO PAY
BUT THEY ARE WILLING TO PAY HALF.UNACCEPTABLE FOR A PROBLEM I
BEEN COMPLAINING ABOUT SINCE RECEIVING THE VEHICLE
BACK.OBVIOUS DEFECT IN TRANSMISSION FOR NISAN OR IN MECHANICS
THAT WORK FOR THEM”
27. A December 16, 2016 consumer complaint to NHTSA states: “WHILE DRIVING ON A
HIGHWAY THE VEHICLE BEGAN JERKING. IT ALSO STARTED JUMPING
FORWARD WHILE TAKING OFF AND EXPERIENCING HIGH RPMS. IT
REQUIRES A NEW TRANSMISSION TO FIX AT ONLY 101,000 MILES. JUST OUT
OF EXTENDED WARRANTY. *TR”
28. A December 22, 2016 consumer complaint to NHTSA states: “WHILE IN HEAVY
TRAFFIC ON A BAY AREA BRIDGE, THE CAR LOST ACCELERATION,
STARTED TO SLOW DOWN, EVEN WHILE I PUMPED THE GAS PEDAL ALL
THE WAY TO THE FLOOR. HAD IT TOWED TO DEALER, THEY SAID IT HAD
TO DO WITH COOLING FAN. AFTER THAT REPAIR, THE SAME PROBLEM
HAPPENED SEVERAL MORE TIMES, ALWAYS WHILE ON THE HIGHWAY,
BUT I FOUND IF I KEPT PUMPING THE GAS PEDAL ALL THE WAY TO THE
FLOOR IT WOULD EVENTUALLY START TO SLOWLY ACCELERATE. AFTER
A NEAR-ACCIDENT ON THE FREEWAY DUE TO THIS PROBLEM AS I DROVE Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 16 of 37
THROUGH SAN JOSE, I TOOK THE CAR BACK IN AND THEY REPLACED THE
TRANSMISSION. 2 DAYS LATER THE HEAT SHIELD FELL OFF WHILE I WAS
DRIVING. 5 DAYS AFTER THAT, WHILE ON THE HIGHWAY TRAVELING AT
40MPH, THE CAR AGAIN LOST POWER, SLOWLY DECELERATING, DESPITE
PUMPING THE GAS PEDAL TO THE FLOOR. AFTER SEVERAL ATTEMPTS TO
PUMP THE GAS IT FINALLY STARTED TO ACCELERATE AGAIN, SO I DID
NOT PULL OFF THE HIGHWAY. *TR”
29. A December 26, 2016 consumer complaint to NHTSA states: “THE TRANSMISSION
HAS A LOT OF HESITATE AND BAD VIBRATION WHILE DRIVING. CHECK
ENGINE LIGHT CAME ON AND IT'S DUE TO SMALL EVAP LEAK BUT HAVE
REPLACED CAP AND STILL STAYS ON ONCE AWHILE U SMELL GAS
FUMES.”
30. A January 3, 2017 consumer complaint to NHTSA states: “THIS CAR WAS
PURCHASED BRAND NEW FROM DEALERSHIP, CAR START GIVING
ACCELERATION PROBLEMS ABOUT 3 MOTHS AGO, WE JUST HAD IT
DIAGNOSED WITH THE DEALERSHIP AND THE TRANSMISSION IS BAD AND
HAS TO BE REPLACED, THIS CAR HAS ABOUT 87,000 MILES, NO
TRANSMISSION SHOULD BE REPLACED AT THIS MILEAGE, AND WE RUN
OUT OF THE GUARANTEE. I OWE NISSANS FOR THE LAS 15 YEARS AND
NEVER HAD A PROBLEM WITH MY VEHICLES BEFORE THEY START USING
THE CVT (CONTINUES VARIABLE TRANSMISSION), I HAVE THE SAME ISSUE
WITH MY 2010 ROGUE, HOWEVER THE POWER TRAIN GUARANTY INT THIS
MODEL AND YEAR WAS EXTENDED TO 10 YEARS BECAUSE OF THE Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 17 of 37
FAILURE IN THEIR CVT TRANSMISSION, I BELIEVE THAT NISSAN
CONTINUES TO HAVE ISSUES WITH THIS KIND OF TRANSMISSION AND
THEY SHOULD BE RESPONSIBLE FOR FIXING ALL VEHICLES WITH THIS
KIND OF PROBLEMS.”
31. A January 17, 2017 consumer complaint to NHTSA states: “LUCKILY, I WAS IN MY
NEIGHBORHOOD, BUT MY TRANSMISSION JUST STOPPED WORKING OUT
OF NOWHERE. THE VEHICLE DECELERATED AND THEN WOULDN'T
ACCELERATE ABOVE FIRST GEAR. I'VE SEEN HUNDREDS OF COMPLAINTS
OF NISSAN CVT'S THAT HAVE HAD THE SAME ISSUE. MANY PEOPLE WERE
AFFECTED WHEN ENTERING THE HIGHWAY. NISSAN OFFERED TO COVER
HALF OF THE NEW TRANSMISSION AS MINE WAS ONLY 3,000 MILES OUT OF
WARRANTY.”
32. A February 19, 2017 consumer complaint to NHTSA states: “EARLIER LAST MONTH
BEGAN HAVING TRANSMISSION ISSUES, BROUGHT THE VEHICLE TO
DEALERSHIP WITH JUST OVER THE 60K WARRANTY MARK. DEALER HAD
THE CVT FLUID CHANGED, WHICH HELPED FOR THE NEXT DAY UNTIL THE
ISSUES RETURNED. NOW I AM GETTING NO RESPONSE FROM NISSAN USA
AND THE DEALER CANNOT FIND THE ISSUES BECAUSE THE ENGINE IS
THROWING NO CODES. ALMOST 2 CAR ACCIDENTS. SOMEONE NEEDS TO
DO SOMETHING ABOUT THIS BEFORE A PERSON GETS INTO AN ACCIDENT
FROM CVT.”
33. A March 11, 2017 consumer complaint to NHTSA states: “WHEN IDLING IN DRIVE,
REVERSE, OR LOW, THE VEHICLE STALLS WITH THE RPMS DROPPING Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 18 of 37
BELOW 630. NO CHECK ENGINE LIGHT, NO FAULT CODES ARE FOUND ON
OBDII SCANNERS. TRANSMISSION IS LATE TO ENGAGE WHEN
ACCELERATING. RIGHT BEFORE STALLING, CAR WILL LUNGE FORWARD
AND SHAKE. HAPPENS WHEN THE ENGINE IS WARM AND COLD.”
34. A March 30, 2017 consumer complaint to NHTSA states: “A FEW TIMES WHEN
STOPPED AT THE TOP OF A HILL, UPON PROCEEDING TO ACCELERATE
INTO A TURN, MY CAR WOULD JERK FORWARD LIKE I WAS BEING REAR-
ENDED. THE SECOND ISSUE WITH THE VEHICLE, WHILE ACCELERATING, IT
WOULD RANDOMLY START TO SHAKE VIOLENTLY. IT WAS HARD TO PIN-
POINT AT EXACTLY WHAT SPEED THIS OCCURRED, BUT I'D GUESS
AROUND 40 MPH. WHEN I WOULD RELEASE THE GAS PEDAL THE
SHUDDERING WOULD STOP. ALTHOUGH THE CAR HAS A CVT
TRANSMISSION, SOMETIMES IT WOULD FEEL LIKE THE CAR WOULD SHIFT
GEARS AND THE CAR WOULD RUMBLE SLIGHTLY. I'D SAY THIS OCCURRED
AROUND 40 MPH AS WELL. I TOOK THE CAR TO THE DEALERSHIP AND
LEARNED THE TRANSMISSION NEEDED TO BE REPLACED. THE CAR ONLY
HAS 75,000 MILES ON IT. IN DOING SOME INITIAL RESEARCH, I'VE LEARNED
THE PATHFINDERS MADE IN 2013 ALSO HAD SIMILAR ISSUES WITH THE
TRANSMISSION.”
35. An April 2, 2017 consumer complaint to NHTSA states: “BEEN DRIVING THE CAR
AND NOTICE I WAS HEARING A BAD ROARING NOISE SOON I HEARD A
LOUD POP IN THE BACK OF THE CAR AND WENT TO LOOK AT THE DRUM
ON PASSENGER SIDE THE ADJUSTERS SCREW HAD COMPLETELY BROKE IN Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 19 of 37
PEACE 94K MILES BEEN DOING THIS NOISE ON AND OFF AND
TRANSMISSION HAS TENDENCY TO FEEL LIKE IT STARTS TO REALLY
HESITATE BADLY.”
36. An April 24, 2017 consumer complaint to NHTSA states: “TL* THE CONTACT OWNS
A 2013 NISSAN SENTRA. WHILE DRIVING APPROXIMATELY 30 MPH, THE
VEHICLE ACCELERATED AND DECELERATED. THE CONTACT ALSO STATED
THAT THE VEHICLE JERKED WITHOUT WARNING. THE VEHICLE WAS
TAKEN TO AN INDEPENDENT MECHANIC WHO DIAGNOSED AND CHANGED
THE OIL AND FILTER. THE FAILURE RECURRED AND THE VEHICLE WAS
TAKEN TO A DEALER. THE MECHANIC DIAGNOSED AND REPLACED THE
BRAKE SENSOR AND FLUSHED THE TRANSMISSION, BUT THE FAILURE
RECURRED. THE VEHICLE WAS TAKEN BACK TO THE DEALER WHERE IT
WAS DIAGNOSED THAT THE TRANSMISSION WAS FAULTY AND NEEDED TO
BE REPLACED. THE MANUFACTURER WAS NOT MADE AWARE OF THE
FAILURE. THE FAILURE MILEAGE WAS APPROXIMATELY 82,915.”
37. An April 25, 2017 consumer complaint to NHTSA states: “TAKATA RECALL.
THE TRANSMISSION HAS GONE OUT ON ME THREE TIMES SINCE
DECEMBER 30, 2016. THE MOST RECENT AS OF 04/03/2017. I ALMOST GOT
KILLED EACH TIME ON THE FREEWAY. I WOULD BE GOING 65 MPH IN THE
MIDDLE OF THE FREEWAY AND IT WOULD DROP TO 45MPH AND
EVENTUALLY COULD NOT FUNCTION. NISSAN JUST REPLACES THE
TRANSMISSION BUT THEY KEEP BREAKING. THEREFORE THEY KEEP
FAILING AT FIXING THE PROBLEM WITHIN MY VEHICLE AND PUT MY LIFE Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 20 of 37
ON THE LINE. IT IS CONSIDERED A LEMON AND THEY AGREED WHICH IS
WHY THEY GAVE ME THE OPTION FOR THEM TO BUY THE VEHICLE BACK
FROM ME OR EXCHANGE IT. I CHOSE FOR THEM TO GIVE ME MY REFUND. I
WANT A RECALL ON THIS VEHICLE AND OTHERS LIKE IT BECAUSE THEY
RISKED MY LIFE MORE THAN ONCE AND THAT SHOULD NOT HAPPEN TO
ANYONE. THEY'RE ARE FAMILIES IN THESE VEHICLES AND THEY'RE LIVES
SHOULD NOT BE AT STAKE LIKE THIS. I RESEARCHED THAT I AM NOT THE
ONLY ONE WHO HAS SUFFERED WITH THIS SITUATION WITH THE SAME
MAKE AS MY CAR. I HAVE INVOICES THAT I CAN PROVIDE IF NEEDED.
PLEASE TAKE ACTION ON THIS. THANK YOU.”
38. A May 10, 2017 consumer complaint to NHTSA states: “WHILE DRIVING 50-60 MPH,
THE CAR SLIPPED INTO NEUTRAL AND WOULD NOT ACCELERATE. I WAS
ABLE TO GET TO THE SIDE OF THE ROAD SAFELY HOWEVER, IT REQUIRED
ME TO PUT IT IN PARK AND THEN SHIFT BACK TO DRIVE IN ORDER TO GO.
THE DEALER INDICATED ITS A CVT ISSUE, WHICH MAY BE SUFFERING
FROM A CVT BELT SLIP
CHAIN DRIVE TO TRANSFER POWER THROUGH THE TRANSMISSION AND
ACCELERATE THE VEHICLE.THE DEALER REPLACED THE TRANSMISSION
(UNDER WARRANTY) AND THE PROBLEM IS STILL OCCURRING. THE
DEALER NOW HAS THE CAR TO DISCUSS WITH NISSAN THE NEXT STEPS.”
39. A May 22, 2017 consumer complaint to NHTSA states: “THE TRANSMISSION KEEPS
SLIPPING. THE CAR HAS 77,000 MILES ON IT AND THE DEALER IS STATING
THE TRANSMISSION NEEDS TO BE REPLACED. COST TO REPLACE THE Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 21 of 37
TRANSMISSION IS $4,800. APPARENTLY THIS IS AN ISSUE A LOT OF NISSAN
OWNERS ARE HAVING WITH DEFECTIVE CVT TRANSMISSION AND NISSAN
IS NOT TAKING RESPONSIBILITY.”
40. A May 29, 2017 consumer complaint to NHTSA states: “DRIVING FROM HOME
FROM A ROAD TRIP, I STOPPED TO GET GAS ABOUT 300 MILES FROM HOME
WHEN ALL OF A SUDDEN MY CAR WOULD NOT MOVE WHEN TRYING TO
LEAVE THE GAS STATION TO GET BACK ON HE INTERSTATE! IM FURIOUS
IVE ONLY HAD THIS 2013 NISSAN SENTRA SR FOR 3 GOING ON FOUR YEARS
AND TO HEAR THAT MY TRANSMISSION HAS TO BE REPLACED IS
RIDICULOUS!! IVE ONLY OWNED NISSANS AND FOR MY TRANSMISSION TO
GO OUT ON ME IN SUCH A SHORT TIME IS TERRIBLE. THESE CVT
TRANSMISSIONS NEED TO REPLACED ASAP. I CAN NOT COME OUT OF
POCKET $4,500 TO REPLACE THIS TRANSMISSION, THE SAD PART IS I STILL
OWE ON THE CAR!! HELP, PLEASE.”
41. A June 1, 2017 consumer complaint to NHTSA states: “TRANSMISSION HAS TO BE
REPLACED AT 34,000 MILES, JUST GOT THE DIAGNOSIS DONE ON IT TODAY.
COULDN'T ACCELERATE IN INTERSTATE TRAFFIC, RPMS STUCK. A FEW
WEEKS LATER, WAS GOING DOWNHILL AND CAR SPEEDED UP, AGAIN
RPMS STUCK. THIS WAS ON A COUNTRY ROAD”
42. A June 28, 2017 consumer complaint to NHTSA states: “MY 2013 NISSAN SENTRA
SL IS OVER REVING CAUSING THE CAR TO STALL WHILE DRIVING AT
NORMAL SPEEDS. THIS HAS HAPPENED A NUMBER OF TIMES, IM HAVING Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 22 of 37
TO PULL OFF THE HIGHWAY AND TURN VEHICLE OFF FOR IT TO FUNCTION
CORRECTLY. THIS ISSUE IS ON GOING EVERY SINGLE DAY WHEN I DRIVE.”
43. A July 7, 2017 consumer complaint to NHTSA states: “2013 NISSAN SENTRA
TRANSMISSION FAILED AT 78,600 MILES WITHOUT ANY WARNING WHILE
WE WERE TRAVELING ON A BUSY HIGHWAY ON THE WAY HOME FROM A
LONG ROAD TRIP. WHILE DRIVING AT AN SPEED OF APPROXIMATELY 70-75
MPH IN TN ON THE HIGHWAY THE VEHICLE BEGAN DECELERATE AND THE
RPM'S JUST KEPT REVVING UP. IT WAS JUST ME (A FEMALE) AND MY TWO
YEAR OLD DAUGHTER IN THE VEHICLE. I ATTEMPTED TO THE
EMERGENCY SHOULDER WITH MY HAZARDS ON TRYING TO AVOID BEING
HIT BY A TRANSFER TRUCK AND SEVERAL VEHICLES. I SHUT THE CAR OFF
TO SEE WHAT WAS GOING ON AND WAS AFRAID OF WHAT JUST
OCCURRED. I STARTED THE ENGINE BACK AND IT BEGAN DRIVING FINE
FOR ABOUT 10 MINS ON THE HIGHWAY AND THEN IT DECELERATED
AGAIN NEAR THE ATLANTA AREA AND TOTALLY DRIVING POWER. I WAS 3
HOURS FROM HOME AND HAD TO CALL FOR HELP. I IMMEDIATELY
CALLED THE DEALERSHIP THE NEXT MORNING AND ADVISED THEM OF
THE ISSUE AND ENGINE CODES RECEIVED FROM AN AUTO STORE. I THEN
CONTACTED NISSAN CONSUMER AFFAIRS TO NOTIFY THEM OF THE
TRANSMISSION FAILURE AND THEY ADVISED TO SIMPLY TAKE IT TO THE
DEALERSHIP FOR REPAIR SINCE IT WAS OUTSIDE OF WARRANTY. THE
DEALERSHIP QUOTED US A PRICE OF $3600 BEFORE TAXES AND ADVISED
THAT THEY HAVE SEVERAL ISSUES WITH CVT TRANSMISSIONS BUT Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 23 of 37
THAT?S JUST THE NATURE OF THEM. I HAVE CONCERNS THAT THIS IS A
POTENTIAL SAFETY HAZARD WHILE DRIVING ON THE HIGHWAY AFTER
REVIEW AND IN DEPTH RESEARCH OF THE FAULTY TRANSMISSION ISSUES
SEVERAL NISSAN OWNERS HAVE FACED IN THE PAST FEW YEARS.
ADDITIONALLY, THE COST EFFECTIVENESS OF THE ISSUE IS CAUSING
HARDSHIP ON CUSTOMERS THAT RELY ON THE BRAND AND SAFETY
FEATURES NISSAN IS CONTINUING TO ADVERTISE. NISSANS
COMMITMENT: DEAR NISSAN SENTRA OWNER: NISSAN IS COMMITTED TO
PROVIDING THE HIGHEST LEVELS OF PRODUCT SAFETY, QUALITY AND
CUSTOMER SATISFACTION. (STATEMENT IS NULL AND VOID PER THIS
CONCERNED CUSTOMER)”
44. A July 20, 2017 consumer complaint to NHTSA states: “THE VEHICLE HAS ONE
OWNER, USED ON DAILY ROUTE TO WORK AND A FEW SHORT TRIPS. 67,000
MILES ON THE ODOMETER. THE TRANSMISSION BEGAN TO SLIP AT
HIGHWAY SPEEDS CAUSING THE ENGINE TO REV UP AND DOWN 500 RPMS
TO MAINTAIN SPEED. PROBLEM CEASED WHILE IN CRUISE CONTROL.
PROBLEM WAS INTERMITTENT. WITHIN TWO DAYS BEFORE GETTING IT
SERVICED, THE CONDITION WORSENED. THE TRANSMISSION BEGAN TO
SLIP AT SLOW SPEEDS, ALL CONDITIONS, WITH THE FLUCTUATING RPMS
AT HIGHWAY SPEEDS BEING 1500 RPMS. THE DIAGNOSIS WAS A PRESSURE
MALFUNCTION IN THE TRANSMISSION. IT DESTROYED THE INNER
WORKINGS OF THE TRANSMISSION. DEBRIS FROM THE TRANSMISSION Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 24 of 37
WAS IN THE FLUID, AND THE FLUID WAS SEVERELY BURNED. THE ENTIRE
TRANSMISSION MUST BE REPLACED AT A COST OF $4200.”
45. A July 21, 2017 consumer complaint to NHTSA states: “TL* THE CONTACT OWNS A
2013 NISSAN SENTRA. WHILE ACCELERATING FROM A STOP, THE VEHICLE
JERKED WITHOUT WARNING. IN ADDITION, THE CONTACTED OBSERVED
THAT THE RPMS INCREASED TO 7 RPMS AS IF THE VEHICLE WAS TRYING
TO SWITCH GEARS WHILE DRIVING VARIOUS SPEEDS. THE VEHICLE WAS
TAKEN TO A DEALER (BATTLES NISSAN, 60 MACARTHUR BLVD, BOURNE,
MA, 02532) WHERE IT WAS DIAGNOSED THAT THE TRANSMISSION NEEDED
TO BE REPLACED. THE VEHICLE WAS NOT REPAIRED. THE
MANUFACTURER WAS NOT CONTACTED AND MADE AWARE OF THE
FAILURE. THE FAILURE MILEAGE WAS APPROXIMATELY 67,000.”
46. An August, 2017 consumer complaint to NHTSA states: “MY CAR HAD BEEN "SOFT
STALLING" FOR A COUPLE OF WEEKS - IT WOULD KEEP RUNNING, BUT AT
JUST ABOUT ANY SPEED/DRIVING CONDITION, WOULD EITHER
EXPERIENCE A STRUGGLE TO ACCELERATE/MAINTAIN SPEED (RPMS UP TO
6,000 WITH NO WARNING/REASON), START TO DROP SPEED, OR
HESITATE/KICK BACK AT ME. I TOOK IT TO MY MECHANIC ON WED, 7/28,
AND ON THURS, 7/29, HE TOLD ME THAT THE TRANSMISSION HAD FAILED
COMPLETELY, THAT IT WAS CYCLING THROUGH GEARS, AND DROPPING
GEARS RANDOMLY. HE SAID THAT HE SPOKE WITH NISSAN, AND BECAUSE
I WAS OUT OF WARRANTY BY MILES (72K VS 60K), THERE WAS NOTHING
THEY COULD DO. THEY DON'T ISSUE REPAIR KITS FOR THEIR CVT Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 25 of 37
TRANSMISSION, AND A RE-MANUFACTURED CVT WOULD BE $3900, WITH
PARTS AND LABOR. I OWED $6000 ON THAT CAR, AND WAS FORCED TO
JUNK IT. NISSAN SHOULD NOT BE ALLOWED TO DENY WARRANTY CLAIMS
ON THEIR CVT TRANSMISSIONS, AS THEY'RE AN ACKNOWLEDGED
PROBLEM IN OTHER MODELS.”
47. A September 15, 2014 consumer complaint to NHTSA states: “WHILE TAKING
VEHICLE TO DEALER TO EL PASO CASA NISSAN FOR DRIFT/ PULL AND
CONSTANT INPUT TO KEEP IN CENTER LINE ON WINDY DAY AND TRANY
ON UP HILL FAILURE FROM A DEAD START. MY WIFE'S VEHICLE STALL
AND SHAKE ALMOST LIKE ENGINE WILL SHUT, ALMOST ON STOP ON
BRAKING. HAPPENED.TWICE, FIRST AT STOP LIGHT ABOUT HALF MILE
AWAY FROM MY HOUSE, SECOND AT GAS STATION ABOUT 3 MILES AWAY.
A/C ON. *TR”
48. An October 8, 2016 consumer complaint to NHTSA states: “MT VEHICLE SINCE I
BOUGHT IT WITH ONLY 3 MILES HAS WHEN COMING TO A STOP START TO
SHAKE VIGOROUSLY BROUGHT IT TO THE ATTENTION WHEN I HAD MY AC
COMPRESSOR REPLACED AT ONLY 50,000 MILES , MIND YOU I DO DRIVE
MY VEHICLE ALOT 125 MILES A DAY AND ITS ALL HIGHWAY BUT I ALSO
MAINTAIN IT REGULARLY// THE VEHICLE GOING AT 65 MILES PER HOUR
THE OTHER DAY STARTED TO HESITATE AND RPMS STARTED TO JUMP
HIGHER AND LOSE POWER ON A MAIN HIGHWAY DURING THE
AFTERNOON IN SAN ANTONIO WHERE TRAFFIC IS BAD I HAD MY LITTLE
GIRL AND THAT LOSS OF ACCELERATION AND JUMP /CLUNK ALMOST Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 26 of 37
CAUSED ME TO GET REAR ENDED BY A 18 WHEELER WHICH HONKED AT
ME AND SCARED MY LITTLE GIRL// AFTER RESEARCH ON THIS MAKE AND
MODEL I HAVE FOUND THAT THERE HAS BEEN NUMEROUS COMPLAINTS
IN THE SAME REGARD SAME ISSUE RISKING LIFE AND SAFETY DUE TO A
FAULT THAT NISSAN KNOWS ABOUT DUE TO RECALL THEY SET FOR 03 - 10
YEARS AND MODELS USING THE CVT TRANSMISSION NOW MY VEHICLE IS
A 2014 AND AFTER RESEARCH SEE THAT MANY CONSUMERS ARE PUT IN
THE SAME DANGEROUS SITUATION AND HAVE COMPLAINED ONLY FOR IT
TO FALL ON DEAF EARS. I AM NOW SCARED TO DRIVE A VEHILCE THAT I
STILL OWE ON DUE TO HAVING MY 4 YEAR OLD IN WITH ME”
49. A November 19, 2014 consumer complaint to NHTSA states: “TL* THE CONTACT
OWNS A 2014 NISSAN SENTRA. WHEN THE VEHICLE WAS STARTED OR
WHILE DRIVING VARIOUS SPEEDS, IT SHOOK INTERMITTENTLY. THE
FAILURE RECURRED FOUR TIMES. THE VEHICLE WAS TAKEN TO THE
DEALER, BUT THE MECHANIC WAS UNABLE TO DIAGNOSE THE FAILURE.
THE VEHICLE WAS NOT REPAIRED. THE MANUFACTURER WAS NOTIFIED
OF THE FAILURE. THE APPROXIMATE FAILURE MILEAGE WAS 500.”
50. A November 25, 2014 consumer complaint to NHTSA states: “MY DAUGHTER
PARKED ON A SLIGHTLY INCLINING DRIVEWAY AND WAS EXITING THE
VEHICLE. SHE HEARD A GRINDING NOISE AND THE CAR STARTED
ROLLING BACKWARDS. SHE JUMPED BACK IN THE SEAT AND ATTEMPTED
TO STOP THE CAR BUT STATES " THE BRAKES WOULDN'T WORK". THE CAR
WAS OFF AND THE KEYS WERE IN HER HAND. THE CAR ROLLED ALMOST Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 27 of 37
100 FEET BEFORE HER STILL-OPEN DRIVER'S DOOR HIT A PARKED SUV
WHICH STOPPED THE CAR BEFORE IT ROLLED OUT INTO THE STREET. THE
DOOR WAS BENT COMPLETELY BACKWARDS AND HAS TO BE REPLACED.
THE CAR IS UNDRIVEABLE UNTIL I CAN GET IT REPAIRED. I WILL ADD
THAT I BOUGHT THE CAR 1 MONTH AGO WITH 6651 MILES ON IT. CARFAX
REPORTED A MINOR REAR END ACCIDENT THAT I SHOULD HAVE BEEN
MORE WARY OF! *TR”
51. A July 4, 2016 consumer complaint to NHTSA states: “THE TRANSMISSION FAILED
WHEN STARTING FROM A STOP AT A TRAFFIC LIGHT IN CITY TRAFFIC AT
67000 MILES. THE REPLACEMENT FAILED UNDER THE SAME CONDITIONS
AT 69000 MILES.”
52. An August 17, 2016 consumer complaint to NHTSA states: “TL* THE CONTACT
OWNS A 2014 NISSAN SENTRA. WHILE DEPRESSING THE ACCELERATOR
PEDAL AT 55 MPH, THE VEHICLE FAILED TO RESPOND AND STALLED. THE
CHECK ENGINE WARNING LIGHT ILLUMINATED AND THE VEHICLE
OVERHEATED. THE VEHICLE WAS TAKEN TO A DEALER WHERE IT WAS
DIAGNOSED THAT THE CVT FAILED AND NEEDED TO BE REPLACED ALONG
WITH THE SEAL O RING, THE TRANS AXLE, THE CORE RETURN, AND THE
PEN COTTER. THE VEHICLE WAS REPAIRED, BUT THE FAILURE RECURRED
TWO ADDITIONAL TIMES. THE VEHICLE WAS REPAIRED BOTH TIMES. THE
MANUFACTURER WAS NOTIFIED OF THE FAILURES. THE FAILURE
MILEAGE WAS 20,183...UPDATED 10/04/16 *BF” Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 28 of 37
53. An October 3, 2016 consumer complaint to NHTSA states: “MY TRANSMISSION HAS
GONE OUT TWICE SINCE I PURCHASED THIS VEHICLE IN JUNE 2015. IN
OCTOBER 2015, MY CAR WOULDN'T ACCELERATE. I TOOK IT TO THE LOCAL
NISSAN DEALERSHIP IN WHICH THEY TOLD ME THAT IT WAS ELECTRICAL
WIRING FROM MY TAIL LIGHTS TO MY BRAKE. 3 MONTHS LATER, MY CAR
HAS THE SAME SYMPTOMS. I TAKE IT TO THE LOCAL DEALERSHIP AGAIN
AND THEY TELL ME THAT IT'S THE TRANSMISSION AND EVENTUALLY,
AFTER SEVERAL WEEKS OF CONVERSING BACK AND FORTH, THEY
FINALLY AGREE TO REPLACE THE TRANSMISSION AFTER MY CAR WON'T
SHIFT OUT OF FIRST GEAR ON MY WAY HOME FROM SCHOOL, AROUND 10
PM, ON THE BYPASS GOING ABOUT 35MPH ALL BY MYSELF. IT TOOK
APPROXIMATELY A MONTH FOR THE CAR TO START BEING
SYMPTOMATIC, YET AGAIN. I TAKE IT BACK AND DROP IT OFF FOR ABOUT
3 DAYS. THEY CAN'T FIND THE SOURCE OF THE PROBLEM WITHOUT A
SERVICE ENGINE LIGHT ON SO THEY TELL ME THERE'S NOTHING TO DO
AND THEY SEND IT BACK TO ME. THIS HAPPENS A FEW TIMES WITHIN A
COUPLE OF MONTHS. SEVERAL WEEKS GO BY WITH THE CAR STILL BEING
SYMPTOMATIC AND NOT SHIFTING GEARS CORRECTLY. THE CAR KEEPS
JUMPING AND WON'T DRIVE CORRECTLY SO I FINALLY TAKE IT BACK TO
NISSAN, AFTER CALLING ABOUT THE PROBLEM AND THEM TELLING ME
THAT NOTHING CAN BE DONE UNTIL THEY SEE A SERVICE ENGINE LIGHT
ON THE CAR FOR IT TO THROW A CODE. TODAY, OCTOBER 3, 2016, I TAKE
IT BACK TO COLUMBUS NISSAN AND ABOUT HALFWAY THERE, IT WON'T Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 29 of 37
SHIFT. IT THEN WONT ACCELERATE ONCE I OFF OF THE BYPASS SO I HAD
TO LITERALLY ROLL INTO THE PARKING LOT OF THE NISSAN DEALERSHIP.
THEY THEN TELL ME THEY CAN'T DO ANYTHING REALLY BECAUSE THE
SERVICE LIGHT ISN'T ON AND THE SERVICE MEN ARE AT LUNCH. TIFFANY,
AN EMPLOYEE OF COLUMBUS NISSAN, OFFERS ME A RIDE BACK TO MY
APARTMENT AND TO LEAVE ME CAR THERE FOR THEM TO LOOK AT IT
AFTER LUNCH. THEY LATER CALL ME AND TELL ME IT'S MY
TRANSMISSION OUT YET AGAIN. THEY'RE WAITING TO HEAR BACK FROM
THE NISSAN USA BUSINESS.”
54. An October 8, 2016 consumer complaint to NHTSA states: “MT VEHICLE SINCE I
BOUGHT IT WITH ONLY 3 MILES HAS WHEN COMING TO A STOP START TO
SHAKE VIGOROUSLY BROUGHT IT TO THE ATTENTION WHEN I HAD MY AC
COMPRESSOR REPLACED AT ONLY 50,000 MILES , MIND YOU I DO DRIVE
MY VEHICLE ALOT 125 MILES A DAY AND ITS ALL HIGHWAY BUT I ALSO
MAINTAIN IT REGULARLY// THE VEHICLE GOING AT 65 MILES PER HOUR
THE OTHER DAY STARTED TO HESITATE AND RPMS STARTED TO JUMP
HIGHER AND LOSE POWER ON A MAIN HIGHWAY DURING THE
AFTERNOON IN SAN ANTONIO WHERE TRAFFIC IS BAD I HAD MY LITTLE
GIRL AND THAT LOSS OF ACCELERATION AND JUMP /CLUNK ALMOST
CAUSED ME TO GET REAR ENDED BY A 18 WHEELER WHICH HONKED AT
ME AND SCARED MY LITTLE GIRL// AFTER RESEARCH ON THIS MAKE AND
MODEL I HAVE FOUND THAT THERE HAS BEEN NUMEROUS COMPLAINTS
IN THE SAME REGARD SAME ISSUE RISKING LIFE AND SAFETY DUE TO A Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 30 of 37
FAULT THAT NISSAN KNOWS ABOUT DUE TO RECALL THEY SET FOR 03 - 10
YEARS AND MODELS USING THE CVT TRANSMISSION NOW MY VEHICLE IS
A 2014 AND AFTER RESEARCH SEE THAT MANY CONSUMERS ARE PUT IN
THE SAME DANGEROUS SITUATION AND HAVE COMPLAINED ONLY FOR IT
TO FALL ON DEAF EARS. I AM NOW SCARED TO DRIVE A VEHILCE THAT I
STILL OWE ON DUE TO HAVING MY 4 YEAR OLD IN WITH ME”
55. An October 17, 2016 consumer complaint to NHTSA states: “VEHICLE
CONSTANTLY JERKS WHEN DRIVING, STALLS AND SLOW TO ACCELERATE;
TRANSMISSION REPLACED WITH NEGATIVE RESULTS. PROBLEM
CONTINUES TO EXIST. *TR”
56. A November 9, 2016 consumer complaint to NHTSA states: “I AM PART OF A B17
SENTRA (2013-2015) OWNERS PAGE. THE AMOUNT OF PEOPLE WHO NEED
REPLACEMENT CVT IS OUTRAGEOUS. EXAMPLES INCLUDE ONE NEEDING
REPLACEMENT AT 9K MILES, AND A SECOND AT 24K MILES. ANOTHER
EXAMPLE IS ONE OWNER NEEDED ONE AT 28K MILES AND ANOTHER AT
52K MILES. THE FAILURE PERCENTAGE IS OUT OF CONTROL AND NISSAN
DOES NOTHING TO RECTIFY IT PAST THE SHORT WARRANTY. THESE
ISSUES SHOULD NOT BE THIS PREVALENT IN SUCH NEW CARS.”
57. A December 15, 2016 consumer complaint to NHTSA states: “THE TRANSMISSION
HAD A CATASTROPHIC TRANSMISSION FAILURE AFTER 25 MONTHS OF
OWNERSHIP AND 82,000 MILES. CAR IS UNDRIVEABLE. MY TOW TRUCK
DRIVER SAID HE SEES THIS ALL THE TIME WITH NISSAN'S CVT
TRANSMISSION FAILURES. NISSAN DECLINED TO PROVIDE ASSISTANCE Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 31 of 37
WITH THE COST OF REPAIRS BECAUSE MY CAR WAS 22,000 MILES PAST
THE LIMITED POWERTRAIN WARRANTY, AND BECAUSE THIS YEAR
SENTRA IS NOT PART OF ANY CURRENT TRANSMISSION RECALL. IT IS MY
HOPE TO CALL ATTENTION TO A PRODUCT THAT MIGHT NEED TO BE
RECALLED, AS IT IS MY UNDERSTANDING THIS IS A COMMON ISSUE WITH
THESE VEHICLES. CONSUMERS WHO BUY NISSAN SENTRAS ARE OFTEN
BUDGET-MINDED, AND A REPAIR THAT EXCEEDS $4,000 IS NOT EXPECTED
AT 2 YEARS OF OWNERSHIP, NOR SHOULD IT BE.”
58. A January 4, 2017 consumer complaint to NHTSA states: “FIRST ISSUE HAPPENED
COUPLE MONTHS AFTER I BOUGHT IT ON 12/27/2014 PURCHASED NEW
ONLY 18 MILES ON IT ON 5/10/15 I TOOK IT IN FOR MAINTENANCE BECAUSE
THE DRIVER SIDE TIRE WAS MAKING A WIERD CLICKING NOISE WHEN I
WOULD STOP OR TURN. SECOND ISSUE NOW IS THE TRANSMISSION
JERKING AS IF SLIPPING RUNNING OUT OF GAS MY CAR IS STILL IN
NEW.CONDITION IS BARELY 2 YEARS OLD IT SHOULD NOT HAVE HAD ALL
THESE ISSUES MY CAR WAS IN MOTION WGEN IT BEGAN TO STALL ON AN
INTERSECTION IT WAS VERY DARK AND DANGEROUS ON RHEIR
MULTIPOINT INSPECTION THEY STATED MY FLUID LEVELS WERE GOOD
BUT MY TRANSMISSION FLUID WAS NOT.IT TURNED OUT TO BE EMPTY”
59. A January 5, 2017 consumer complaint to NHTSA states: “ABOUT A WEEK AGO, MY
CAR STARTED MAKING NOISES WHEN IDLING, WHICH I THOUGHT LITTLE
OF BECAUSE MY CAR ONLY HAS AROUND 76,000 MILES ON IT AND IS WELL
TAKEN CARE OF. OVER THE NEXT FEW DAYS, THE NOISE BECAME A FULL- Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 32 of 37
ON RATTLE (LIKE AN AMPLIFIED VERSION OF BIKE GEARS GRINDING).
WHEN DRIVING, THE CAR WILL LURCH FORWARD AND WILL JERK EVEN
HARDER WHEN TURNING. WITHIN THE FIRST FEW MINUTES OF DRIVING
EACH TIME I USE THE CAR, IT HAS NO POWER AND FEELS AS IF IT WANTS
TO "PULL BACK" AND HINDER ME FROM MOVING FORWARD. I'VE TAKEN
THE CAR TO TWO MECHANICS AND HAVE HAD THE TRANSMISSION
LOOKED OVER. BOTH MECHANICS BELIEVE THAT THE TRANSMISSION IS
THE UNDERLYING PROBLEM. AFTER RESEARCHING CVC TRANSMISSIONS
ON OTHER 2014 SENTRAS, I'VE DISCOVERED THAT MANY OTHER OWNERS
HAVE HAD THE SAME ISSUE WITH EVEN LESS MILEAGE THAN MY OWN
CAR. MANY OF THESE SENTRA DRIVERS FELT UNSAFE DRIVING THEIR
VEHICLES. I TOO, FEEL THAT CONTINUING TO DRIVE MY CAR IS A HAZARD
TO ME AND OTHER DRIVERS AS THE FALTERING AND JERKING OF THE
ENGINE ARE UNPREDICTABLE WHICH COULD CAUSE A POTENTIAL
WRECK. NISSAN SENTRA TRANSMISSIONS FROM 2003-2010 HAVE BEEN
RECALLED TO THE BEST OF MY KNOWLEDGE, BUT NOT FOR THE
SUCCEEDING YEARS OF THE SAME MODEL.”
60. A May 16, 2017 consumer complaint to NHTSA states: “WHEN A TRANSMISSION
ON THIS CAR (NISSAN SENTRA ) BROKE DOWN ON ME IT LOCKS UP WHERE
YOU CAN NO LONGER MOVE . IT HAPPENED TO ME ON A FREEWAY AND
ALMOST CAUSED A MAJOR AND IF NOT A DEADLY ACCIDENT ON THE
FREEWAY THE CAR WILL THEN SHAKE AND IT DOESN'T ALLOW YOU TO
MOVE OUT OF THE WAY.” Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 33 of 37
61. A January 5, 2016 consumer complaint to NHTSA states: “TL* THE CONTACT OWNS
A 2015 NISSAN SENTRA. THE CONTACT STATED THAT WHILE DRIVING AT
APPROXIMATELY 60 MPH, THE TRANSMISSION FAILED TO SHIFT PROPERLY
WITHOUT WARNING. THE VEHICLE WAS TAKEN TO THE DEALER BUT THE
FAILURE WAS UNABLE TO BE DETERMINED. THE FAILURE RECURRED. THE
MANUFACTURER WAS NOTIFIED OF THE FAILURE. THE FAILURE MILEAGE
WAS 1,055. THE VIN WAS UNAVAILABLE. UPDATED 03/08/16*LJ”
62. A June 7, 2016 consumer complaint to NHTSA states: “OUR SENTRA HAS A CVT. IT
CURRENTLY HAS LESS THAN 7,500 MILES ON THE ODOMETER. ON THREE
(3) OCCASIONS, THE TRANSMISSION HAS FAILED TO UPSHIFT AS WE
MOVED AWAY FROM A STOP AT A TRAFFIC LIGHT. AT 30 MPH OR LESS,
THE TACH IS AT 4,000 RPM. WE HAVE TO FIND A SAFE PLACE TO PULL THE
VEHICLE TO THE SIDE OF THE ROAD, PUT THE TRANS SELECTION LEVER IN
PARK AND THEN RESTART OUR JOURNEY. WE HAVE TAKEN THE VEHICLE
TO THE NISSAN DEALER WHO TOLD US THAT THERE WAS NO
PROBLEM...... NO COMPUTER ERROR OR MALFUNCTION. WE CONTACTED
NISSAN USA AND WERE TOLD THE SAME THING. THE TRANSMISSION OF
THE COMPUTER CONTROLLING IT HAS A PROBLEM. DATES OF PROBLEMS:
3/20/2016; 5/20/2016; 5/25/2016”
63. A July 14, 2016 consumer complaint to NHTSA states: “TL* THE CONTACT OWNS A
2015 NISSAN SENTRA. WHILE DRIVING APPROXIMATELY 5 MPH, THE
VEHICLE HESITATED AND JERKED WITHOUT WARNING. IN ADDITION, THE
TACHOMETER READING FLUCTUATED. THE VEHICLE WAS TAKEN TO TWO Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 34 of 37
DIFFERENT DEALERS WHERE THE COMPUTERIZED SYSTEM WAS
REPROGRAMMED; HOWEVER, THE FAILURE PERSISTED AT ANY SPEED.
THE MANUFACTURER WAS NOTIFIED OF THE FAILURE. THE APPROXIMATE
FAILURE MILEAGE WAS 5.”
64. An August 2, 2016 consumer complaint to NHTSA states: “HE FIRST ISSUE
OCCURRED JULY 18. DURING MY TRIP TO VIRGINIA, I BEGAN TO LOSE
BRAKING. THE CAR WOULD THEN SHUT OFF. I WAS ENTERING INTO
ARLINGTON, IN A HIGH TRAFFIC AREA. THIS ISSUE WAS DANGEROUS TO
ME AND OTHER DRIVERS. EVENTUALLY, THE CAR SHUT OFF EVERY TIME I
BRAKED. IT WAS TOWED TO PASSPORT NISSAN IN VA, WHERE IT WAS
DIAGNOSED AS TRANSMISSION/TORQUE CONVERTER ISSUES. THE NEXT
EVENT OCCURRED ON PULASKI HIGHWAY IN MARYLAND DURING RUSH
HOUR. I PULLED OUT OF A CONVENIENCE STORE, WENT TO ACCELERATE,
AND THE CAR WOULD NOT MOVE. THE ENGINE WAS FULLY ENGAGED.
AGAIN, IT WAS TOWED. I AM TOLD THIS IS ALSO A TRANSMISSION ISSUE.
MY VEHICLE WAS PUSHED OFF THE ROAD BY A STATE HIGHWAY
ADMINISTRATION VEHICLE AND SUSTAINED BODY DAMAGE AS A RESULT.
I AM REQUESTING A BUYBACK FROM NISSAN.
65. An August 13, 2016 consumer complaint to NHTSA states: “TRANSMISSION FAILED
AND COMPRESSOR - 2015 NISSAN SENTRA.”
66. An April 8, 2017 consumer complaint to NHTSA states: “WHINE NOISE COMING UP
THE HILL, DANGEROUS LIMP MODE OCCASIONALLY OUT OF NOWHERE, Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 35 of 37
HIGH RPM ALMOST RED WHEN CHANGING GEARS. COMPLAINT TO DEALER
THEY SAY NO CODES FROM SYSTEM AND NO RECALLS YET.”
67. A May 20, 2017 consumer complaint to NHTSA states: “REVVING OF THE ENGINE
DUE TO MALFUNCTION OF THE TRANSMISSIONS, LOSS OF POWER TO THE
DRIVE SHAFT CONSTANT SLIPPING OF THE TRANSMISSION, SOMETIMES
LOSS OF POWER TO THE6 ENGINE . CALLED NISSAN USA TP WHAT CAN BE
DONE WITH THE PROBLEM SINCE THEY ACKNOWLEDGED EARLIER MODEL
HARD SIMILAR PROBLEM AND NISSAN EXTENDED THEIR WARRANTY TO
10 YRS 120000 MILES. HOWEVER THEY DECLINE AN EXTENSION IN MY
CASE, SAYI G THE PROBLEM OF THE CVT TYPE TRANSMMISSION HAS BEEN
RESOLVED. HOWEVER THAT DOES NOT SEEM TO BE THE CASE. L SEE
NUMEROUS BLOG ONLINE COMPLAINING ABOUT THESE TYPE OF
TRANSMMISSION-CVT ONES SIMILAR TO THE EARLIER MODEL WITH THE
EXTENDED WARRANTY GIVEN. PROBLEM IS ENCOUNTERED WHEN IM
MOTOION ON HIGHWAY CITY STREET. STOP AND GO SITUATION.”
68. An August 3, 2016 consumer complaint to NHTSA states: “TL* THE CONTACT
OWNS A 2016 NISSAN SENTRA. WHILE DRIVING APPROXIMATELY 60 MPH, A
LOUD CLICKING NOISE WAS HEARD UNDER THE FRONT END OF THE
VEHICLE AND THE VEHICLE SHUTTERED. THE CONTACT TOOK THE
VEHICLE TO THE DEALER, BUT IT WAS NOT DIAGNOSED NOR REPAIRED.
THE MANUFACTURER WAS MADE AWARE OF THE FAILURE. THE
APPROXIMATE FAILURE MILEAGE WAS 4,700. Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 36 of 37
69. A February 14, 2017 consumer complaint to NHTSA states: “TL* THE CONTACT
OWNS A 2016 NISSAN SENTRA. WHILE DRIVING BETWEEN 40-60 MPH,
THERE WAS EXCESSIVE VIBRATION COMING FROM THE FRONT END OF
THE VEHICLE. THE DEALER DIAGNOSED THAT THE TRANSMISSION
NEEDED TO BE REPLACED. THE VEHICLE WAS REPAIRED, BUT THE
FAILURE RECURRED. ALSO, WHILE ATTEMPTING TO USE THE HEATING
SYSTEM IN THE VEHICLE, THERE WAS AN ABNORMAL SMOKE ODOR, AND
WHEN THE BRAKES ARE APPLIED THE VEHICLE SHUTTERS AS IF IT IS
ABOUT TO STALL. THE MANUFACTURER WAS NOT NOTIFIED OF THE
FAILURES. THE APPROXIMATE FAILURE MILEAGE WAS 43.”
70. An April 26, 2017 consumer complaint to NHTSA states: “PURCHASED MY CAR IN
LATE NOVEMBER. BEFORE THE CAR HIT 1,000, I RETURNED IT TO NISSAN
BECAUSE THE CAR WOULDN'T SHIFT AS I WAS DRIVING ON THE HIGHWAY.
THE MECHANIC AT NISSAN RAN TEST AND SAID THAT EVERYTHING WAS
FINE. NOW MY CAR IS MAKING TERRIBLE NOISES WHEN I COME TO A STOP
AND WHEN I'M CHANGING THE GEARS. IT'S ALSO SHAKING REALLY BAD
WHEN THE CAR IS AT A COMPLETE STOP. I PURCHASED THIS VEHICLE TO
HAVE A PEACE OF MIND BUT ALL IT HAVE BEEN IS A HEADACHE AND
UNSAFE.”
71. A May 5, 2017 consumer complaint to NHTSA states: “TL* THE CONTACT OWNS A
2017 NISSAN SENTRA. WHILE DRIVING VARIOUS SPEEDS OR WHILE
PARKED, THE VEHICLE STALLED WITHOUT WARNING. THE VEHICLE WAS
TAKEN TO UNITED NISSAN (3025 E SAHARA AVE, LAS VEGAS, NV 89104 (702) Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 37 of 37
832-5480), BUT THE FAILURE COULD NOT BE DUPLICATED OR DIAGNOSED.
THE DEALER ADVISED THE CONTACT TO CHANGE THE FUEL FROM 87 TO
91 OCTANE. THE CONTACT DID AS THE DEALER SUGGESTED, BUT THE
FAILURE PERSISTED. THE VEHICLE WAS TAKEN BACK TO THE DEALER,
BUT THE CAUSE OF THE FAILURE WAS STILL UNABLE TO BE DIAGNOSED.
THE CONTACT STATED THAT DIAGNOSTIC TESTING WAS COMPLETED AND
THE RESULTS WERE SENT TO THE MANUFACTURER. THE MANUFACTURER
WAS NOTIFIED OF THE FAILURE AND AN INVESTIGATION WAS OPENED.
THE FAILURE MILEAGE WAS APPROXIMATELY 3,400.”
Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 1 of 89
EXHIBIT B Case 4:17-cv-04871-HSG SB-10049659-2371 Document 1-2 Filed 08/22/17 Page 2 of 89
Classificatio n: Reference: Date: EC12-034 NTB13-001 January 3, 2013
2013 SENTRA; ENGINE HAS HESITATION OR STOPS RUNNING AT IDLE OR VERY LOW SPEEDS
APPLIED VE HICLE: 2013 Sentra (B17) APPLIED VIN AND DATE Built before 3N1AB7AP(*)DL 650298 And before December 14, 2012
APPLIED TRANSMISSION: CVT
IF YO U CONFIRM:
• The engine intermittently experiences a small RPM decrease for a short duration or stops running during braking, as the vehicle is coming to a stop.
• The engine intermittently experiences a small RPM decrease for a short duration or stops running when shifting into reverse or drive.
• There is a hesitation/lag or the engine stops running when accelerating from a stop.
ACTION:
1. Refer to step 6 in the SERVICE PROCEDURE and use the ECM Part Number to confirm this bulletin applies to the vehicle you are working on.
2. If this bulletin applies, reprogram the ECM first and if applicable the TCM.
• Some vehicles may only require the ECM to be reprogrammed and may not require the TCM to be reprogrammed.
• Use Table A on page 6 to determine if TCM reprogramming is applicable.
• Refer to Claims Information on next page.
IMPORTANT: The purpose of "ACTION" (above) is to give you a quick idea of the work you will be performing. You MUST closely follow the entire Service Procedure as it contains information that is essential to successfully completing this repair.
Nissan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are properly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job properly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO NOT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.
1/11 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 3 of 89
CLAIMS INFORMATION
DESCRIPTION OP CODE PFP SYM DIAG FRT REPROGRAM ENGINE CONTROL MODULE DE97AA (1) ZE 32 (2) (1) Reference the repair order and use the ECM part number written down in step 6 of the Service Procedure. (2) Reference the current Nissan Warranty Flat Rate Manual and use the indicated Flat Rate Time.
And (if required on the same repair line) DESCRIPTION OP CODE PFP SYM DIAG FRT REPROGRAM A/T CONTROL UNIT JE99AA (1) ZE 32 (2) (1) Reference the repair order and use the TCM part number written down in step 6 of the Service Procedure. (2) Reference the current Nissan Warranty Flat Rate Manual and use the indicated Flat Rate Time.
2/11 NTB13-001 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 4 of 89
SERVICE PROCEDURE
• This procedure will require reprogramming of the ECM first, and for some vehicles the TCM; which means most steps in this procedure may need to be done twice.
• Most instructions for reprogramming with CONSULT-III plus (C-III plus) are displayed on the CONSULT PC screen.
• If you are not familiar with the reprogramming procedure, click here. This will link you to the "CONSULT- III plus (C-III plus) Reprogramming" general procedure.
Preparation for Reprogramming
• Take the vehicle for a 10 minute drive in order to meet the following Idle Air Volume Learn (IAVL) conditions:
¾ Engine coolant temperature: 70 -100°C (158 - 212°F)
¾ Battery voltage: More than 12.9V (At idle)
¾ Transmission: Warmed up Figure A
NOTE: • After ECM reprogramming is complete, you will be required to perform Throttle Valve Closed Position, Idle Air Volume Learn (IAVL), and Accelerator Closed Position. • The above conditions are required for the IAVL to complete.
CAUTION:
• Connect a battery charger to the vehicle battery. The vehicle battery voltage must stay between 12.0V and 15.5V during reprogramming, or the ECM/TCM may be damaged.
• Be sure to turn OFF all vehicle electrical loads. If a vehicle electrical load remains ON, the ECM/TCM may be damaged.
• Be sure to connect the AC Adapter. If the CONSULT PC battery voltage drops during reprogramming, the process will be interrupted and the ECM/TCM may be damaged.
• Turn off all external Bluetooth® devices (e.g., cell phones, printers, etc.) within range of the CONSULT PC and the VI. If Bluetooth® signal waves are within range of the CONSULT PC during reprogramming, reprogramming may be interrupted and the ECM/TCM may be damaged.
3/11 NTB13-001 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 5 of 89
1. Connect the CONSULT PC to the vehicle to begin the reprogramming procedure.
2. Open ASIST on the CONSULT PC and start C-III plus.
3. Wait for the plus VI to be recognized / connected.
• Serial number will display when the plus VI is recognized / connected.
4. Select Re/programming, Configuration.
Step 3: VI is recognized
Step 4
Figure 1
5. Follow the on-screen instructions and navigate the C-III plus to the screen shown in Figure 2 on the next page.
4/11 NTB13-001 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 6 of 89
6. When you get to the screen shown in Figure 2, confirm this bulletin applies as follows:
A. Find the ECM or TCM Part Number and write it on the repair order.
NOTE: This is the current ECM or TCM Part Number (P/N). ECM preprogramming must be performed first.
6A: Current P/N
Figure 2
B. Compare the P/N you wrote down to the numbers in the Current ECM or TCM Part Number column in Table A on next page.
• If there is a match, this bulletin applies. Continue with the reprogramming procedure.
• If there is not a match, reprogramming does not apply. Make sure to check both ECM and TCM for a match.
5/11 NTB13-001 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 7 of 89
Table A
ECM MODEL CURRENT ECM PART NUMBER: 23710- 3SB0A 3SG2A 3SA2A, 3SA2B, 3SA2C 2013 Sentra (B17) 3SG3A, 3SG3B, 3SG3C 3SA4A, 3SA4B, 3SA4C 3SA5A, 3SA5B, 3SA5C 3SA8A, 3SA8B, 3SA8C
TCM MODEL CURRENT TCM PART NUMBER: 31036- 3SR0A 2013 Sentra (B17) 3SG0A 3SH0A
6/11 NTB13-001 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 8 of 89
7. Follow the on-screen instructions to navigate C-III plus and reprogram the ECM or TCM.
NOTE:
• In some cases, more than one new P/N for reprogramming is available.
¾ In this case, the screen in Figure 3 displays.
¾ Select and use the reprogramming option that does not have the message “Caution! Use ONLY with NTBXX-XXX”.
• If you get this screen and it is blank (no reprogramming listed), it means there is no reprogramming available for this vehicle.
xxxxx-xxxxx xxxxx-xxxxx xxxxxxxxxxxxxxxxxxxxxx
xxxxx-xxxxx xxxxx-xxxxx
Figure 3
7/11 NTB13-001 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 9 of 89
8. When the screen in Figure 4 displays, reprogramming is complete.
NOTE: If the screen in Figure 4 does not display (reprogramming does not complete), refer to the information on the next page.
9. Disconnect the battery charger from the vehicle.
10. Select Next.
Step 10
Figure 4
NOTE:
• In the next steps (page 10):
¾ For ECM reprogramming you will perform Throttle Valve Closed Position, Idle Air Volume Learn, Accelerator Closed Position, and DTC erase.
¾ For TCM reprogramming, only DTC erase is needed.
• These operations are required before C-III plus will provide the final reprogramming confirmation report.
8/11 NTB13-001 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 10 of 89 ECM/TCM recovery:
Do not disconnect plus VI or shut down Consult III plus if reprogramming does not complete.
If reprogramming does not complete and the “!?” icon displays as shown in Figure 5:
• Check battery voltage (12.0–15.5 V).
• Ignition is ON, engine OFF.
• External Bluetooth® devices are OFF.
• All electrical loads are OFF.
• Select retry and follow the on screen instructions.
• “Retry” may not go through on first attempt and can be Figure 5 selected more than once.
If reprogramming does not complete and the “X” icon displays as shown in Figure 6:
• Check battery voltage (12.0 – 15.5 V).
• CONSULT A/C adapter is plugged in.
• Ignition is ON, engine OFF.
• Transmission is in Park.
• All C-III plus / VI cables are securely connected.
• All C-III plus updates are installed.
Figure 6 • Select Home, and restart the reprogram procedure from the beginning.
9/11 NTB13-001 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 11 of 89
11. Follow the on-screen instructions to perform the following:
NOTE: For TCM reprogramming only erase DTCs as needed.
• Throttle Valve Closed Position.
• Idle Air Volume Learn (IAVL).
NOTE:
o Listed below are the conditions required for IAVL to complete.
o If IAVL does not complete within a few minutes, a condition may be out of range.
¾ Engine coolant temperature: 70 -105° C (158 - 221°F).
¾ Battery voltage: More than 12.9V (At idle).
¾ Selector lever: P or N.
¾ Electric load switch: OFF (Air conditioner, headlamp, and rear window defogger).
¾ Steering wheel: Neutral (Straight-ahead position).
¾ Vehicle speed: Stopped.
¾ Transmission: Warmed up (ATF TEMP SE less than 0.9V).
• Accelerator Pedal Close Position Learning.
• Erase DTCs.
Continue to the next page.
10/11 NTB13-001 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 12 of 89
12. When the entire reprogramming process is complete, the screen in Figure 7 will display.
13. Verify the before and after part numbers are different.
14. Print a copy of this screen (Figure 7) and attach it to the repair order for warranty documentation.
15. Select Confirm.
Step 13
Step 14
Step 15
Figure 7
16. Make sure you have performed both ECM and TCM reprogramming (ECM first).
17. Close C-III plus.
18. Turn the ignition OFF.
19. Disconnect the plus VI from the vehicle.
20. Test drive the vehicle and make sure it operates correctly and the MIL is OFF.
• If the MIL comes ON, go back to ASIST for further diagnostic information.
• Diagnosis and repairs beyond ECM or TCM reprogramming are not covered by this bulletin.
11/11 NTB13-001 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 13 of 89
Reference: Date: NTB13-022 March 15, 2013
VOLUNTARY SERVICE CAMPAIGN 2013 SENTRA COLD IDLE ECM AND TCM REPROGRAM
CAMPAIGN ID #: P3212
APPLIED VEHICLE: 2013 Sentra (B17)
Check Service COMM to confirm campaign eligibility.
INTRODUCTION
Nissan is conducting a voluntary service campaign to reprogram the Engine Control Module (ECM), and if necessary, the Transmission Control Module (TCM) on certain specific 2013 Nissan Sentra vehicles at no charge to the customer for parts or labor. The reprogramming will prevent a condition in which the vehicle's engine may stop running under certain unique conditions at cold start. The vehicle still meets and exceeds applicable safety standards and there is no unreasonable risk to motor vehicle safety.
IDENTIFICATION NUMBER
Nissan has assigned identification number P3212 to this campaign. This number must appear on all communications and documentation of any nature dealing with this campaign.
DEALER RESPONSIBILITY
Dealers are to repair vehicles falling within range of this campaign that enter the service department. This includes vehicles purchased from private parties, vehicles presented by transient (tourists) owners, and vehicles in a dealer’s inventory.
1/13 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 14 of 89 REPAIR OVERVIEW
Use Service COMM (campaign ID P3212) to confirm the vehicle is affected by this campaign.
The vehicle is CVT equipped The vehicle is MT equipped
Check the ECM and Check the ECM P/N for TCM P/Ns for possible possible reprogramming reprogramming
Reprogram the ECM Reprogram the and TCM as they apply ECM as it applies
END
2/13 NTB13-022 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 15 of 89
SERVICE PROCEDURE
• This procedure will require reprogramming of the ECM first, and for some vehicles the TCM second, which means most steps in this procedure may need to be done twice.
• Most instructions for reprogramming with CONSULT-III plus (C-III plus) are displayed on the CONSULT PC screen.
• If you are not familiar with the reprogramming procedure, click here. This will link you to the "CONSULT-III plus (C-III plus) Reprogramming" general procedure.
Preparation for Reprogramming
• Take the vehicle for a 10 minute drive in order to meet the following Idle Air Volume Learn (IAVL) conditions:
¾ Engine coolant temperature: 70 -100°C (158 - 212°F)
¾ Battery voltage: More than 12.9V (At idle)
¾ Transmission: Warmed up Figure A
NOTE: • After ECM reprogramming is complete, you will be required to perform Throttle Valve Closed Position, Idle Air Volume Learn (IAVL), and Accelerator Closed Position. • The above conditions are required for the IAVL to complete.
CAUTION:
• Connect a battery charger to the vehicle battery. The vehicle battery voltage must stay between 12.0V and 15.5V during reprogramming, or the ECM/TCM may be damaged.
• Be sure to turn OFF all vehicle electrical loads. If a vehicle electrical load remains ON, the ECM/TCM may be damaged.
• Be sure to connect the AC Adapter. If the CONSULT PC battery voltage drops during reprogramming, the process will be interrupted and the ECM/TCM may be damaged.
• Turn off all external Bluetooth® devices (e.g., cell phones, printers, etc.) within range of the CONSULT PC and the VI. If Bluetooth® signal waves are within range of the CONSULT PC during reprogramming, reprogramming may be interrupted and the ECM/TCM may be damaged.
3/13 NTB13-022 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 16 of 89
1. Connect the CONSULT PC to the vehicle to begin the reprogramming procedure.
2. Open ASIST on the CONSULT PC and start C-III plus.
3. Wait for the plus VI to be recognized / connected.
• Serial number will display when the plus VI is recognized / connected.
4. Select Re/programming, Configuration.
Step 3: VI is recognized
Step 4
Figure 1
5. Follow the on-screen instructions and navigate C-III plus to the screen shown in Figure 2 on the next page.
4/13 NTB13-022 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 17 of 89
6. When you get to the screen shown in Figure 2, confirm this bulletin applies as follows:
A. Find the ECM or TCM Part Number and write it on the repair order.
NOTE: This is the current ECM or TCM Part Number (P/N). ECM preprogramming must be performed first.
6A: Current P/N
Figure 2
B. Compare the P/N you wrote down to the numbers in the Current ECM (or TCM) Part Number column in Table A (or Table B) on next page.
• If there is a match, this bulletin applies. Continue with the reprogramming procedure.
• If there is not a match, reprogramming does not apply. Make sure to check both ECM and TCM for a match.
5/13 NTB13-022 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 18 of 89
Table A (ECM)
MODEL CURRENT ECM PART NUMBER: 23710- 3SB0A 3SG2A 3SA0B, 3SA0A 2013 Sentra 3SA2C, 3SA2B, 3SA2A (B17) 3SG3C, 3SG3B, 3SG3A 3SA4C, 3SA4B, 3SA4A 3SA5C, 3SA5B, 3SA5A 3SA6B, 3SA6A
Table B (TCM)
MODEL CURRENT TCM PART NUMBER: 31036- 3SR0A 2013 Sentra (B17) 3SG0A 3SH0A
6/13 NTB13-022 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 19 of 89
7. Follow the on-screen instructions to navigate C-III plus and reprogram the ECM (and TCM, if it applies).
NOTE:
• In some cases, more than one new P/N for reprogramming is available.
¾ In this case, the screen in Figure 3 displays.
¾ Select and use the reprogramming option that does not have the message “Caution! Use ONLY with NTBXX-XXX”.
• If you get this screen and it is blank (no reprogramming listed), it means there is no reprogramming available for this vehicle.
Figure 3
7/13 NTB13-022 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 20 of 89
8. When the screen in Figure 4 displays, reprogramming is complete.
NOTE: If the screen in Figure 4 does not display (reprogramming does not complete), refer to the information on the next page.
9. Disconnect the battery charger from the vehicle.
10. Select Next.
Step 10
Figure 4
NOTE:
• In the next steps (page 9):
1. For ECM reprogramming you will perform Throttle Valve Closed Position, Idle Air Volume Learn, Accelerator Closed Position, and DTC erase.
2. For TCM reprogramming, only DTC erase is needed.
• These operations are required before C-III plus will provide the final reprogramming confirmation report.
8/13 NTB13-022 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 21 of 89 ECM/TCM recovery:
Do not disconnect plus VI or shut down Consult III plus if reprogramming does not complete.
If reprogramming does not complete and the “!?” icon displays as shown in Figure 5:
• Check battery voltage (12.0–15.5 V).
• Ignition is ON, engine OFF.
• External Bluetooth® devices are OFF.
• All electrical loads are OFF.
• Select retry and follow the on screen instructions.
• “Retry” may not go through on first attempt and can be Figure 5 selected more than once.
If reprogramming does not complete and the “X” icon displays as shown in Figure 6:
• Check battery voltage (12.0 – 15.5 V).
• CONSULT A/C adapter is plugged in.
• Ignition is ON, engine OFF.
• Transmission is in Park.
• All C-III plus / plus VI cables are securely connected.
• All C-III plus updates are installed.
Figure 6 • Select Home, and restart the reprogram procedure from the beginning.
9/13 NTB13-022 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 22 of 89
11. Follow the on-screen instructions to perform the following:
NOTE: For TCM reprogramming, only erase DTCs as needed.
• Throttle Valve Closed Position.
• Idle Air Volume Learn (IAVL).
NOTE:
o Listed below are the conditions required for IAVL to complete.
o If IAVL does not complete within a few minutes, a condition may be out of range.
¾ Engine coolant temperature: 70 -100° C (158 - 212°F).
¾ Battery voltage: More than 12.9V (At idle).
¾ Selector lever: P or N.
¾ Electric load switch: OFF (Air conditioner, headlamp, and rear window defogger).
¾ Steering wheel: Neutral (Straight-ahead position).
¾ Vehicle speed: Stopped.
¾ Transmission: Warmed up (ATF TEMP SE less than 0.9V).
• Accelerator Pedal Close Position Learning.
• Erase DTCs.
Continue to the next page.
10/13 NTB13-022 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 23 of 89
12. When the entire reprogramming process is complete, the screen in Figure 7 will display.
13. Verify the before and after part numbers are different.
14. Print a copy of this screen (Figure 7) and attach it to the repair order for warranty documentation.
15. Select Confirm.
Step 13
Step 14
Step 15
Figure 7
16. Make sure you have performed ECM (and if applicable, TCM) reprogramming (ECM first).
17. Close C-III plus.
18. Turn the ignition OFF.
19. Disconnect the plus VI from the vehicle.
20. Test drive the vehicle and make sure it operates correctly and the MIL is OFF.
• If the MIL comes ON, go back to ASIST for further diagnostic information.
• Diagnosis and repairs beyond ECM or TCM reprogramming are not covered by this campaign bulletin.
11/13 NTB13-022 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 24 of 89
CLAIMS INFORMATION
Submit a Campaign (CM) line claim using the following claims coding:
For ECM Reprogramming only:
CAMPAIGN (CM) I.D. # DESCRIPTION OP CODE FRT P3212 ECM Reprogram P32120 0.5 hrs
For ECM and TCM Reprogramming:
CAMPAIGN (CM) I.D. # DESCRIPTION OP CODE FRT P3212 ECM and TCM Reprogram P32121 0.9 hrs
12/13 NTB13-022 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 25 of 89
OWNER’S LETTER (example of typical owner’s letter)
Dear Nissan Sentra Owner:
Nissan is committed to providing the highest levels of product quality and customer satisfaction. We believe that our current and future success depends on your continued satisfaction with Nissan. With that in mind, we want to bring to your attention important information regarding your 2013 Nissan Sentra.
REASON FOR SERVICE CAMPAIGN
In some 2013 Nissan Sentra vehicles, in cold weather conditions, the engine may stop running when first shifting out of Park, or at very low speeds (when taking off after a stop or coasting to a stop). The vehicle’s engine can restart, and this issue does not occur once the vehicle has warmed up. Reprogramming the Engine Control Modules (ECM), and for some vehicles, also the Transmission Control Module (TCM) will help prevent this from occurring.
WHAT NISSAN WILL DO
To assure your continued satisfaction and confidence in your vehicle, your Nissan dealer will reprogram the ECM and on some vehicles, both the ECM and the TCM at no charge to you for parts or labor. The service should take about an hour to complete, but your Nissan dealer may require your vehicle for a longer period of time based upon their work schedule.
WHAT YOU SHOULD DO
Nissan encourages you to contact your Nissan dealer at your earliest convenience in order to arrange an appointment.
To ensure the least inconvenience for you, it is important that you have an appointment before bringing your vehicle to the Nissan dealer for service. Please bring this notice with you when you keep your service appointment. Instructions have been sent to your Nissan dealer.
If the dealer fails, or is unable to complete the service free of charge, you may contact the National Consumer Affairs Department, Nissan North America, Inc., P.O. Box 685003, Franklin, TN 37068-5003. The toll free number is 1-800-NISSAN1 (1-800-647-7261). Thank you for providing us an opportunity to ensure ongoing satisfaction with your Nissan vehicle.
13/13 NTB13-022 Case 4:17-cv-04871-HSG SB-10051662-1943 Document 1-2 Filed 08/22/17 Page 26 of 89
Reference: Date: NTB13-022a June 27, 2013
VOLUNTARY SERVICE CAMPAIGN 2013 SENTRA COLD IDLE ECM AND TCM REPROGRAM
The SERVICE PROCEDURE in this bulletin has been amended to clarify correct ECM P/N selection (page 7, step 7). Please discard previous versions of this bulletin.
CAMPAIGN ID #: P3212
APPLIED VEHICLE: 2013 Sentra (B17)
Check Service COMM to confirm campaign eligibility.
INTRODUCTION
Nissan is conducting a voluntary service campaign to reprogram the Engine Control Module (ECM), and if necessary, the Transmission Control Module (TCM) on certain specific 2013 Nissan Sentra vehicles at no charge to the customer for parts or labor. The reprogramming will prevent a condition in which the vehicle's engine may stop running under certain unique conditions at cold start. The vehicle still meets and exceeds applicable safety standards and there is no unreasonable risk to motor vehicle safety.
IDENTIFICATION NUMBER
Nissan has assigned identification number P3212 to this campaign. This number must appear on all communications and documentation of any nature dealing with this campaign.
DEALER RESPONSIBILITY
Dealers are to repair vehicles falling within range of this campaign that enter the service department. This includes vehicles purchased from private parties, vehicles presented by transient (tourists) owners, and vehicles in a dealer’s inventory.
1/13 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 27 of 89 REPAIR OVERVIEW
Use Service COMM (campaign ID P3212) to confirm the vehicle is affected by this campaign.
The vehicle is CVT equipped The vehicle is MT equipped
Check the ECM and Check the ECM P/N for TCM P/Ns for possible possible reprogramming reprogramming
Reprogram the ECM Reprogram the and TCM as they apply ECM as it applies
END
2/13 NTB13-022a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 28 of 89
SERVICE PROCEDURE
• This procedure will require reprogramming of the ECM first, and for some vehicles the TCM second, which means most steps in this procedure may need to be done twice.
• Most instructions for reprogramming with CONSULT-III plus (C-III plus) are displayed on the CONSULT PC screen.
• If you are not familiar with the reprogramming procedure, click here. This will link you to the "CONSULT-III plus (C-III plus) Reprogramming" general procedure.
Preparation for Reprogramming
• Take the vehicle for a 10 minute drive in order to meet the following Idle Air Volume Learn (IAVL) conditions:
¾ Engine coolant temperature: 70 -100°C (158 - 212°F)
¾ Battery voltage: More than 12.9V (At idle)
¾ Transmission: Warmed up Figure A
NOTE: • After ECM reprogramming is complete, you will be required to perform Throttle Valve Closed Position, Idle Air Volume Learn (IAVL), and Accelerator Closed Position. • The above conditions are required for the IAVL to complete.
CAUTION:
• Connect a battery charger to the vehicle battery. The vehicle battery voltage must stay between 12.0V and 15.5V during reprogramming, or the ECM/TCM may be damaged.
• Be sure to turn OFF all vehicle electrical loads. If a vehicle electrical load remains ON, the ECM/TCM may be damaged.
• Be sure to connect the AC Adapter. If the CONSULT PC battery voltage drops during reprogramming, the process will be interrupted and the ECM/TCM may be damaged.
• Turn off all external Bluetooth® devices (e.g., cell phones, printers, etc.) within range of the CONSULT PC and the VI. If Bluetooth® signal waves are within range of the CONSULT PC during reprogramming, reprogramming may be interrupted and the ECM/TCM may be damaged.
3/13 NTB13-022a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 29 of 89
1. Connect the CONSULT PC to the vehicle to begin the reprogramming procedure.
2. Open ASIST on the CONSULT PC and start C-III plus.
3. Wait for the plus VI to be recognized / connected.
• Serial number will display when the plus VI is recognized / connected.
4. Select Re/programming, Configuration.
Step 3: VI is recognized
Step 4
Figure 1
5. Follow the on-screen instructions and navigate C-III plus to the screen shown in Figure 2 on the next page.
4/13 NTB13-022a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 30 of 89
6. When you get to the screen shown in Figure 2, confirm this bulletin applies as follows:
A. Find the ECM or TCM Part Number and write it on the repair order.
NOTE: This is the current ECM or TCM Part Number (P/N). ECM preprogramming must be performed first.
6A: Current P/N
Figure 2
B. Compare the P/N you wrote down to the numbers in the Current ECM (or TCM) Part Number column in Table A (or Table B) on next page.
• If there is a match, this bulletin applies. Continue with the reprogramming procedure.
• If there is not a match, reprogramming does not apply. Make sure to check both ECM and TCM for a match.
5/13 NTB13-022a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 31 of 89
Table A (ECM)
MODEL CURRENT ECM PART NUMBER: 23710- 3SB0A 3SG2A 3SA0B, 3SA0A 2013 Sentra 3SA2C, 3SA2B, 3SA2A (B17) 3SG3C, 3SG3B, 3SG3A 3SA4C, 3SA4B, 3SA4A 3SA5C, 3SA5B, 3SA5A 3SA6B, 3SA6A
Table B (TCM)
MODEL CURRENT TCM PART NUMBER: 31036- 3SR0A 2013 Sentra (B17) 3SG0A 3SH0A
6/13 NTB13-022a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 32 of 89
7. Follow the on-screen instructions to navigate C-III plus and reprogram the ECM (and TCM, if it applies).
NOTE:
• In some cases, more than one new P/N for reprogramming is available.
¾ In this case, the screen in Figure 3 displays.
¾ Select and use the reprogramming option that DOES have the message “Caution! Use ONLY with NTB13-022”.
• If you get this screen and it is blank (no reprogramming listed), it means there is no reprogramming available for this vehicle.
Figure 3
7/13 NTB13-022a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 33 of 89
8. When the screen in Figure 4 displays, reprogramming is complete.
NOTE: If the screen in Figure 4 does not display (reprogramming does not complete), refer to the information on the next page.
9. Disconnect the battery charger from the vehicle.
10. Select Next.
Step 10
Figure 4
NOTE:
• In the next steps (page 9):
1. For ECM reprogramming you will perform Throttle Valve Closed Position, Idle Air Volume Learn, Accelerator Closed Position, and DTC erase.
2. For TCM reprogramming, only DTC erase is needed.
• These operations are required before C-III plus will provide the final reprogramming confirmation report.
8/13 NTB13-022a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 34 of 89 ECM/TCM recovery:
Do not disconnect plus VI or shut down Consult III plus if reprogramming does not complete.
If reprogramming does not complete and the “!?” icon displays as shown in Figure 5:
• Check battery voltage (12.0–15.5 V).
• Ignition is ON, engine OFF.
• External Bluetooth® devices are OFF.
• All electrical loads are OFF.
• Select retry and follow the on screen instructions.
• “Retry” may not go through on first attempt and can be Figure 5 selected more than once.
If reprogramming does not complete and the “X” icon displays as shown in Figure 6:
• Check battery voltage (12.0 – 15.5 V).
• CONSULT A/C adapter is plugged in.
• Ignition is ON, engine OFF.
• Transmission is in Park.
• All C-III plus / plus VI cables are securely connected.
• All C-III plus updates are installed.
Figure 6 • Select Home, and restart the reprogram procedure from the beginning.
9/13 NTB13-022a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 35 of 89
11. Follow the on-screen instructions to perform the following:
NOTE: For TCM reprogramming, only erase DTCs as needed.
• Throttle Valve Closed Position.
• Idle Air Volume Learn (IAVL).
NOTE:
¾ Listed below are the conditions required for IAVL to complete.
¾ If IAVL does not complete within a few minutes, a condition may be out of range.
o Engine coolant temperature: 70 -100° C (158 - 212°F).
o Battery voltage: More than 12.9V (At idle).
o Selector lever: P or N.
o Electric load switch: OFF (Air conditioner, headlamp, and rear window defogger).
o Steering wheel: Neutral (Straight-ahead position).
o Vehicle speed: Stopped.
o Transmission: Warmed up (ATF TEMP SE less than 0.9V).
• Accelerator Pedal Close Position Learning.
• Erase DTCs.
Continue to the next page.
10/13 NTB13-022a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 36 of 89
12. When the entire reprogramming process is complete, the screen in Figure 7 will display.
13. Verify the before and after part numbers are different.
14. Print a copy of this screen (Figure 7) and attach it to the repair order for warranty documentation.
15. Select Confirm.
Step 13
Step 14
Step 15
Figure 7
16. Make sure you have performed ECM (and if applicable, TCM) reprogramming (ECM first).
17. Close C-III plus.
18. Turn the ignition OFF.
19. Disconnect the plus VI from the vehicle.
20. Test drive the vehicle and make sure it operates correctly and the MIL is OFF.
• If the MIL comes ON, go back to ASIST for further diagnostic information.
• Diagnosis and repairs beyond ECM or TCM reprogramming are not covered by this campaign bulletin.
11/13 NTB13-022a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 37 of 89
CLAIMS INFORMATION
Submit a Campaign (CM) line claim using the following claims coding:
For ECM Reprogramming only:
CAMPAIGN (CM) I.D. # DESCRIPTION OP CODE FRT P3212 ECM Reprogram P32120 0.5 hrs
For ECM and TCM Reprogramming:
CAMPAIGN (CM) I.D. # DESCRIPTION OP CODE FRT P3212 ECM and TCM Reprogram P32121 0.9 hrs
12/13 NTB13-022a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 38 of 89
OWNER’S LETTER (example of typical owner’s letter)
Dear Nissan Sentra Owner:
Nissan is committed to providing the highest levels of product quality and customer satisfaction. We believe that our current and future success depends on your continued satisfaction with Nissan. With that in mind, we want to bring to your attention important information regarding your 2013 Nissan Sentra.
REASON FOR SERVICE CAMPAIGN
In some 2013 Nissan Sentra vehicles, in cold weather conditions, the engine may stop running when first shifting out of Park, or at very low speeds (when taking off after a stop or coasting to a stop). The vehicle’s engine can restart, and this issue does not occur once the vehicle has warmed up. Reprogramming the Engine Control Modules (ECM), and for some vehicles, also the Transmission Control Module (TCM) will help prevent this from occurring.
WHAT NISSAN WILL DO
To assure your continued satisfaction and confidence in your vehicle, your Nissan dealer will reprogram the ECM and on some vehicles, both the ECM and the TCM at no charge to you for parts or labor. The service should take about an hour to complete, but your Nissan dealer may require your vehicle for a longer period of time based upon their work schedule.
WHAT YOU SHOULD DO
Nissan encourages you to contact your Nissan dealer at your earliest convenience in order to arrange an appointment.
To ensure the least inconvenience for you, it is important that you have an appointment before bringing your vehicle to the Nissan dealer for service. Please bring this notice with you when you keep your service appointment. Instructions have been sent to your Nissan dealer.
If the dealer fails, or is unable to complete the service free of charge, you may contact the National Consumer Affairs Department, Nissan North America, Inc., P.O. Box 685003, Franklin, TN 37068-5003. The toll free number is 1-800-NISSAN1 (1-800-647-7261). Thank you for providing us an opportunity to ensure ongoing satisfaction with your Nissan vehicle.
13/13 NTB13-022a Case 4:17-cv-04871-HSG SB-10052250-3504 Document 1-2 Filed 08/22/17 Page 39 of 89
Classification: Reference: Date: EC13-008 NTB13-058 May 30, 2013
2013 SENTRA; INTERMITTENT LOW ENGINE RPM AT IDLE
APPLIED V EHICLE: 2013 Sentra (B17)
IF YOU CONFIRM:
The engine RPM intermittently drops very low while stopped (idling), and
The RPM drop is not caused by the A/C compressor cycle or an electrical load from the alternator.
ACTION:
1. Check Service COMM for campaign P3212 / NTB13-022.
• If campaign has not been completed, this bulletin does not apply.
• If campaign has been completed, go to the next step.
2. Refer to step 6 in the SERVICE PROCEDURE to confirm this bulletin applies to the vehicle you are working on.
3. If this bulletin applies, reprogram the ECM.
IMPORTANT: The purpose of ACTION (above) is to give you a quick idea of the work you will be performing. You MUST closely follow the entire SERVICE PROCEDURE as it contains information that is essential to successfully completing this repair.
Nissan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are properly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job properly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO NOT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.
1/10 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 40 of 89
CLAIMS INFORMATION
Submit a Primary Part (PP) type line claim using the following claims coding:
DESCRIPTION PFP OP CODE SYM DIA FRT Reprogram ECM (1) DE97AA HD 32 (2)
(1) Reference the Repair Order and use the current ECM P/N written down in step 6 of the Service Procedure as the PFP. (2) Reference the current Nissan Warranty Flat Rate Manual and use the indicated FRT.
Repair Overview
Low engine RPM incident is confirmed.
(See IF YOU CONFIRM on page 1)
Check Service COMM; campaign ID P3212 / NTB13-022
Campaign applies Campaign does not apply and it or has not been completed it has been completed.
Refer to step 6 in the This bulletin does not apply SERVICE PROCEDURE to confirm this bulletin applies to the vehicle you are working on.
Perform campaign ID P3212 / NTB13-022
C
2/10 NTB13-058 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 41 of 89
SERVICE PROCEDURE
NOTE:
• Most instructions for reprogramming with CONSULT-III plus (C-III plus) are displayed on the CONSULT PC screen.
• If you are not familiar with the reprogramming procedure, click here. This will link you to the "CONSULT- III plus (C-III plus) Reprogramming" general procedure.
• Take the vehicle for a 10 minute drive in order to meet the following Idle Air Volume Learn (IAVL) conditions:
¾ Engine coolant temperature: 70 -100°C (158 - 212°F)
¾ Battery voltage: More than 12.9V (At idle)
¾ Transmission: Warmed up
Figure A
• After reprogramming is complete, you will be required to perform Throttle Valve Closed Position, Idle Air Volume Learn, Accelerator Closed Position, and DTC erase.
CAUTION:
• Connect a battery charger to the vehicle battery. If the vehicle battery voltage drops below 12.0V or rises above 15.5V during reprogramming, the ECM may be damaged.
• Be sure to turn OFF all vehicle electrical loads. If a vehicle electrical load remains ON, the ECM may be damaged.
• Be sure to connect the AC Adapter. If the CONSULT PC battery voltage drops during reprogramming, the process will be interrupted and the ECM may be damaged.
• Turn off all external Bluetooth® devices (e.g., cell phones, printers, etc.) within range of the CONSULT PC and the VI. If Bluetooth® signal waves are within range of the CONSULT PC during reprogramming, reprogramming may be interrupted and the ECM may be damaged.
3/10 NTB13-058 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 42 of 89
1. Connect the CONSULT PC to the vehicle to begin the reprogramming procedure.
2. Open ASIST on the CONSULT PC and start C-III plus.
3. Wait for the plus VI to be recognized.
• Serial number will display when the plus VI is recognized.
4. Select Re/programming, Configuration.
VI is recognized
Step 4
Figure 1
5. Follow the on-screen instructions and navigate the C-III plus to the screen shown in Figure 2 on the next page.
4/10 NTB13-058 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 43 of 89 6. When you get to the screen shown in Figure 2, confirm this bulletin applies as follows.
A. Find the ECM Part Number and write it on the repair order.
NOTE: This is the current ECM Part Number (P/N).
xxxxxxxxxxxxxx
6A: Current ECM P/N
xxxx
xxxxxxxxxxxxxx
xxxxxxxxxxxxxx
Figure 2
B. Compare the P/N you wrote down to the numbers in the Current ECM Part Number column in Table A below.
• If there is a match, this bulletin applies. Continue with the reprogramming procedure.
• If there is not a match, this bulletin does not apply:
a. Check Service COMM; campaign ID P3212 / NTB13-022 may apply. b. Close C-III plus and refer to ASIST for further diagnostic information.
Table A
MODEL CURRENT ECM PART NUMBER: 23710- 3SA2D, 3SA4D, 3SA5D 3SA0C, 3SA6C 2013 Sentra 3SB0B (B17) 3SG2B 3SG3D
5/10 NTB13-058 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 44 of 89
7. Follow the on-screen instructions to navigate C-III plus and reprogram the ECM.
NOTE:
• In some cases, more than one new P/N for reprogramming is available.
¾ In this case, the screen in Figure 3 displays.
¾ Select and use the reprogramming option that does not have the message “Caution! Use ONLY with NTBXX-XXX”.
• If you get this screen and it is blank (no reprogramming listed), it means there is no reprogramming available for this vehicle. Close C-III plus and refer back to ASIST for further diagnosis.
xxxxx-xxxxx xxxxx-xxxxx xxxxxxxxxxxxxxxxxxxxxx
xxxxx-xxxxx xxxxx-xxxxx xxxxxxxxxxxxxxxxxxxxxx
Figure 3
6/10 NTB13-058 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 45 of 89
8. When the screen in Figure 4 displays, reprogramming is complete.
NOTE: If the screen in Figure 4 does not display (reprogramming does not complete), refer to the information on the next page.
9. Disconnect the battery charger from the vehicle.
10. Select Next.
Step 10
Figure 4
NOTE:
• In the next steps (page 9), you will perform Throttle Valve Closed Position, Idle Air Volume Learn, Accelerator Closed Position, and DTC erase.
• These operations are required before C-III plus will provide the final reprogramming confirmation report.
7/10 NTB13-058 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 46 of 89
If reprogramming does not complete and the “!?” symbol displays as shown in Figure 5:
• Check battery voltage (12.0 – 15.5V).
• Ignition is ON, Ready Mode is OFF.
• External Bluetooth® devices are OFF.
• All electrical loads are OFF.
• Select Retry and follow the on screen instructions.
NOTE: Retry may not go through on first attempt and can be selected more than Figure 5 once.
If reprogramming does not complete and the “X” symbol displays as shown in Figure 6:
• Check battery voltage (12.0 – 15.5V).
• CONSULT A/C adapter is plugged in.
• Ignition is ON, Ready Mode is OFF.
• Transmission in Park.
• All C-III plus / plus VI cables are securely connected.
• All C-III plus updates are installed.
• Select Home, and then restart the reprogram Figure 6 procedure from the
beginning.
8/10 NTB13-058 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 47 of 89
11. Follow the on-screen instructions to perform the following:
• Throttle Valve Closed Position
• Idle Air Volume Learn (IAVL)
NOTE:
o Listed below are common conditions required for IAVL to complete.
o If IAVL does not complete within a few minutes, a condition may be out of range.
o Refer to the appropriate Electronic Service Manual (ESM) for specific conditions required for the vehicle you are working on.
¾ Engine coolant temperature: 70 -100° C (158 - 212°F) ¾ Battery voltage: More than 12.9V (At idle) ¾ Selector lever: P or N ¾ Electric load switch: OFF (Air conditioner, headlamp, rear window defogger) ¾ Steering wheel: Neutral (Straight-ahead position) ¾ Vehicle speed: Stopped ¾ Transmission: Warmed up
• Accelerator Pedal Close Position Learning
• Erase DTCs
Continue to the next page.
9/10 NTB13-058 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 48 of 89 12. When the entire reprogramming process is complete, the screen in Figure 7 will display.
13. Verify the before and after part numbers are different.
14. Print a copy of this screen (Figure 7) and attach it to the repair order for warranty documentation.
15. Select Confirm.
Step xxxxx 13 xxxxx
xxxxxxx
xxxxxxxxxxxxxxxxx
Step 14
Step 15
Figure 7
16. Close C-III plus.
17. Turn the ignition OFF.
18. Disconnect the plus VI from the vehicle.
19. Make sure the vehicle operates correctly and the MIL is OFF.
• If the MIL comes ON, go back to ASIST for further diagnostic information.
• Diagnosis and repairs beyond ECM reprogramming are not covered by this bulletin.
10/10 NTB13-058 Case 4:17-cv-04871-HSG SB-10052250-4612 Document 1-2 Filed 08/22/17 Page 49 of 89
Classificatio n: Reference: Date: EC13-008a NTB13-058a December 2, 2013
2013 SENTRA; INTERMITTENT LOW ENGINE RPM AT IDLE OR STOPS RUNNING COMING TO A STOP
This bulletin has been amended to add additional information to the If You Confirm section, add part numbers to Table A and move the Claims Information to the last page. Discard any previous versions.
APPLIED V EHICLE: 2013 Sentra (B17)
IF YOU CONFIRM:
The engine RPM intermittently drops very low while stopped (idling) or the engine stops running while coming to a stop.
NOTE: These symptoms can occur under the following conditions.
• Low engine RPM at idle while the A/C is off and without any electrical load from the alternator
• The engine speed (RPM) becomes low while coming to a stop with the A/C on
• The engine stops running when coming to a stop
ACTION:
1. Check Service COMM for campaign P3212 / NTB13-022.
• If campaign applies and has not been completed, this bulletin does not apply.
• If campaign has been completed, go to the next step.
2. Refer to step 6 in the SERVICE PROCEDURE to confirm this bulletin applies to the vehicle you are working on.
3. If this bulletin applies, reprogram the ECM.
IMPORTANT: The purpose of ACTION (above) is to give you a quick idea of the work you will be performing. You MUST closely follow the entire SERVICE PROCEDURE as it contains information that is essential to successfully completing this repair.
Nissan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are properly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job properly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO NOT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.
1/11 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 50 of 89
Repair Overview
Low engine RPM incident is confirmed.
(See IF YOU CONFIRM on page 1)
Check Service COMM; campaign ID P3212 / NTB13-022
Campaign applies Campaign does not apply and it or has not been completed it has been completed.
Refer to step 6 in the This bulletin does not apply SERVICE PROCEDURE to confirm this bulletin applies to the vehicle you are working on.
Perform campaign ID P3212 / NTB13-022
2/11 NTB13-058a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 51 of 89
SERVICE PROCEDURE
NOTE:
• Most instructions for reprogramming with CONSULT-III plus (C-III plus) are displayed on the CONSULT PC screen.
• If you are not familiar with the reprogramming procedure, click here. This will link you to the "CONSULT- III plus (C-III plus) Reprogramming" general procedure.
• Take the vehicle for a 10 minute drive in order to meet the following Idle Air Volume Learn (IAVL) conditions:
¾ Engine coolant temperature: 70 -100°C (158 - 212°F)
¾ Battery voltage: More than 12.9V (At idle)
¾ Transmission: Warmed up
Figure A
• After reprogramming is complete, you will be required to perform Throttle Valve Closed Position, Idle Air Volume Learn, Accelerator Closed Position, and DTC erase.
CAUTION:
• Connect the GR8 to the vehicle 12 volt battery and set to ECM power supply mode. If the vehicle battery voltage drops below 12.0V or rises above 13.5V during reprogramming, the ECM may be damaged.
• Be sure to turn OFF all vehicle electrical loads. If a vehicle electrical load remains ON, the ECM may be damaged.
• Be sure to connect the AC Adapter. If the CONSULT PC battery voltage drops during reprogramming, the process will be interrupted and the ECM may be damaged.
• Turn off all external Bluetooth® devices (e.g., cell phones, printers, etc.) within range of the CONSULT PC and the VI. If Bluetooth® signal waves are within range of the CONSULT PC during reprogramming, reprogramming may be interrupted and the ECM may be damaged.
3/11 NTB13-058a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 52 of 89
1. Connect the CONSULT PC to the vehicle to begin the reprogramming procedure.
2. Open ASIST on the CONSULT PC and start C-III plus.
3. Wait for the plus VI to be recognized.
• Serial number will display when the plus VI is recognized.
4. Select Re/programming, Configuration.
VI is recognized
Step 4
Figure 1
5. Follow the on-screen instructions and navigate the C-III plus to the screen shown in Figure 2 on the next page.
4/11 NTB13-058a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 53 of 89 6. When you get to the screen shown in Figure 2, confirm this bulletin applies as follows.
A. Find the ECM Part Number and write it on the repair order.
NOTE: This is the current ECM Part Number (P/N).
xxxxxxxxxxxxxx
6A: Current ECM P/N
xxxx
xxxxxxxxxxxxxx
xxxxxxxxxxxxxx
Figure 2
B. Compare the P/N you wrote down to the numbers in the Current ECM Part Number column in Table A below.
• If there is a match, this bulletin applies. Continue with the reprogramming procedure.
• If there is not a match, this bulletin does not apply:
a. Check Service COMM; campaign ID P3212 / NTB13-022 may apply. b. Close C-III plus and refer to ASIST for further diagnostic information.
Table A
MODEL CURRENT ECM PART NUMBER: 23710- 3SA0B, 3SA6B 3SA0C, 3SA6C 3SA0D, 3SA2D, 3SA4D, 3SA5D, 3SA6D 2013 Sentra 3SA2E, 3SA4E, 3SA5E (B17) 3SB0B, 3SB0C 3SG2B, 3SG2C 3SG3A, 3SG3D, 3SG3E
5/11 NTB13-058a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 54 of 89
7. Follow the on-screen instructions to navigate C-III plus and reprogram the ECM.
NOTE:
• In some cases, more than one new P/N for reprogramming is available.
¾ In this case, the screen in Figure 3 displays.
¾ Select and use the reprogramming option that does not have the message “Caution! Use ONLY with NTBXX-XXX”.
• If you get this screen and it is blank (no reprogramming listed), it means there is no reprogramming available for this vehicle. Close C-III plus and refer back to ASIST for further diagnosis.
xxxxx-xxxxx xxxxx-xxxxx xxxxxxxxxxxxxxxxxxxxxx
xxxxx-xxxxx xxxxx-xxxxx xxxxxxxxxxxxxxxxxxxxxx
Figure 3
6/11 NTB13-058a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 55 of 89
8. When the screen in Figure 4 displays, reprogramming is complete.
NOTE: If the screen in Figure 4 does not display (reprogramming does not complete), refer to the information on the next page.
9. Disconnect the battery charger from the vehicle.
10. Select Next.
Step 10
Figure 4
NOTE:
• In the next steps (page 9), you will perform Throttle Valve Closed Position, Idle Air Volume Learn, Accelerator Closed Position, and DTC erase.
• These operations are required before C-III plus will provide the final reprogramming confirmation report.
7/11 NTB13-058a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 56 of 89 ECM Recovery
Do not disconnect plus VI or shut down C-III plus if reprogramming does not complete.
If reprogramming does not complete and the “!?” icon displays as shown in Figure 5:
• Check battery voltage (12.0–15.5 V).
• Ignition is ON, engine OFF.
• External Bluetooth® devices are OFF.
• All electrical loads are OFF.
• Select retry and follow the on screen instructions.
• “Retry” may not go through on first attempt and can be selected more than once. Figure 5
If reprogramming does not complete and the “X” icon displays as shown in Figure 6:
• Check battery voltage (12.0 – 15.5 V).
• CONSULT A/C adapter is plugged in.
• Ignition is ON, engine OFF.
• Transmission is in Park.
• All C-III plus / VI cables are securely connected.
• All C-III plus updates are installed.
Figure 6 • Select Home, and restart the reprogram procedure from the beginning.
8/11 NTB13-058a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 57 of 89
11. Follow the on-screen instructions to perform the following:
• Throttle Valve Closed Position
• Idle Air Volume Learn (IAVL)
NOTE:
o Listed below are common conditions required for IAVL to complete.
o If IAVL does not complete within a few minutes, a condition may be out of range.
o Refer to the appropriate Electronic Service Manual (ESM) for specific conditions required for the vehicle you are working on.
¾ Engine coolant temperature: 70 -100° C (158 - 212°F) ¾ Battery voltage: More than 12.9V (At idle) ¾ Selector lever: P or N ¾ Electric load switch: OFF (Air conditioner, headlamp, rear window defogger) ¾ Steering wheel: Neutral (Straight-ahead position) ¾ Vehicle speed: Stopped ¾ Transmission: Warmed up
• Accelerator Pedal Close Position Learning
• Erase DTCs
Continue to the next page.
9/11 NTB13-058a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 58 of 89 12. When the entire reprogramming process is complete, the screen in Figure 7 will display.
13. Verify the before and after part numbers are different.
14. Print a copy of this screen (Figure 7) and attach it to the repair order for warranty documentation.
15. Select Confirm.
Step xxxxx 13 xxxxx
xxxxxxx
xxxxxxxxxxxxxxxxx
Step 14
Step 15
Figure 7
16. Close C-III plus.
17. Turn the ignition OFF.
18. Disconnect the plus VI from the vehicle.
19. Make sure the vehicle operates correctly and the MIL is OFF.
• If the MIL comes ON, go back to ASIST for further diagnostic information.
• Diagnosis and repairs beyond ECM reprogramming are not covered by this bulletin.
10/11 NTB13-058a Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 59 of 89
CLAIMS INFORMATION
Submit a Primary Part (PP) type line claim using the following claims coding:
DESCRIPTION PFP OP CODE SYM DIA FRT Reprogram ECM (1) DE97AA HD 32 (2)
(1) Reference the Repair Order and use the current ECM P/N written down in step 6 of the Service Procedure as the PFP. (2) Reference the current Nissan Warranty Flat Rate Manual and use the indicated FRT.
11/11 NTB13-058a Case 4:17-cv-04871-HSG SB-10052250-4399 Document 1-2 Filed 08/22/17 Page 60 of 89
Classification: Reference: Date: EC13-008b NTB13-058b January 27, 2014
SENTRA; INTERMITTENT LOW ENGINE RPM AT IDLE OR STOPS RUNNING COMING TO A STOP
This bulletin has been amended to APPLIED VEHICLES. ECM part numbers have been added to Table A. Discard all previous versions of this bulletin.
APPLIED V EHICLE: 2013 and 2014 Sentra (B17)
IF YOU CONFIRM:
The engine RPM intermittently drops very low while stopped (idling) or the engine stops running while coming to a stop.
NOTE: These symptoms can occur under the following conditions:
• Low engine RPM at idle while the A/C is off and without any electrical load from the alternator
• The engine speed (RPM) becomes low while coming to a stop with the A/C on
• The engine stops running when coming to a stop
ACTION:
1. Refer to the Repair Overview on page 2 to determine if this bulletin applies.
NOTE: On certain specific 2013 Sentra vehicles campaign ID P3212 / NTB13-022 may apply. Make sure to use the Repair Overview to determine if the campaign bulletin or this bulletin applies, or neither apply.
IMPORTANT: The purpose of ACTION (above) is to give you a quick idea of the work you will be performing. You MUST closely follow the entire SERVICE PROCEDURE as it contains information that is essential to successfully completing this repair.
Nissan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are properly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job properly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO NOT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.
1/11 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 61 of 89
Repair Overview
Low/no engine RPM incident is confirmed
(See IF YOU CONFIRM on page 1) 2013 2014 Sentra Sentra
Check Service COMM; campaign ID P3212 / NTB13-022
Campaign applies Campaign does not apply and it or has not been completed it has been completed
This bulletin does not apply
Refer to step 6 in the SERVICE PROCEDURE to confirm this bulletin Perform campaign applies to the vehicle ID P3212 / NTB13-022 you are working on
2/11 NTB13-058b Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 62 of 89
SERVICE PROCEDURE
NOTE:
• Most instructions for reprogramming with CONSULT-III plus (C-III plus) are displayed on the CONSULT PC screen.
• If you are not familiar with the reprogramming procedure, click here. This will link you to the "CONSULT- III plus (C-III plus) Reprogramming" general procedure.
• Take the vehicle for a 10 minute drive in order to meet the following Idle Air Volume Learn (IAVL) conditions:
¾ Engine coolant temperature: 70 -100°C (158 - 212°F)
¾ Battery voltage: More than 12.9V (At idle)
¾ Transmission: Warmed up
Figure A
• After reprogramming is complete, you will be required to perform Throttle Valve Closed Position, Idle Air Volume Learn, Accelerator Closed Position, and DTC erase.
CAUTION:
• Connect the GR8 to the vehicle 12 volt battery and set to ECM power supply mode. If the vehicle battery voltage drops below 12.0V or rises above 13.5V during reprogramming, the ECM may be damaged.
• Be sure to turn OFF all vehicle electrical loads. If a vehicle electrical load remains ON, the ECM may be damaged.
• Be sure to connect the AC Adapter. If the CONSULT PC battery voltage drops during reprogramming, the process will be interrupted and the ECM may be damaged.
• Turn off all external Bluetooth® devices (e.g., cell phones, printers, etc.) within range of the CONSULT PC and the VI. If Bluetooth® signal waves are within range of the CONSULT PC during reprogramming, reprogramming may be interrupted and the ECM may be damaged.
3/11 NTB13-058b Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 63 of 89
1. Connect the CONSULT PC to the vehicle to begin the reprogramming procedure.
2. Open C-III plus.
3. Wait for the plus VI to be recognized.
• Serial number will display when the plus VI is recognized.
4. Select Re/programming, Configuration.
VI is recognized
Step 4
Figure 1
5. Follow the on-screen instructions and navigate the C-III plus to the screen shown in Figure 2 on the next page.
4/11 NTB13-058b Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 64 of 89
6. When you get to the screen shown in Figure 2, confirm this bulletin applies as follows.
A. Find the ECM Part Number and write it on the repair order.
NOTE: This is the current ECM Part Number (P/N).
xxxxxxxxxxxxxx
6A: Current ECM P/N
xxxx
xxxxxxxxxxxxxx
xxxxxxxxxxxxxx
Figure 2
B. Compare the P/N you wrote down to the numbers in the Current ECM Part Number column in Table A below.
• If there is a match, this bulletin applies. Continue with the reprogramming procedure.
• If there is not a match, this bulletin does not apply:
a. For 2013 Sentra vehicles only: Check Service COMM; campaign ID P3212 / NTB13-022 may apply. b. Close C-III plus and refer to ASIST for further diagnostic information.
Table A
MODEL CURRENT ECM PART NUMBER: 23710- 3SA0B, 3SA6B 3SA0C, 3SA6C 3SA0D, 3SA2D, 3SA4D, 3SA5D, 3SA6D 2013 Sentra 3SA2E, 3SA4E, 3SA5E 3SB0B, 3SB0C 3SG2B, 3SG2C 3SG3A, 3SG3D, 3SG3E
2014 Sentra 9AM0A, 9AM1A, 9AM2A, 9AM3A, 9AM4A, 9AM5A
5/11 NTB13-058b Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 65 of 89
7. Follow the on-screen instructions to navigate C-III plus and reprogram the ECM.
NOTE:
• In some cases, more than one new P/N for reprogramming is available.
¾ In this case, the screen in Figure 3 displays.
¾ Select and use the reprogramming option that does not have the message “Caution! Use ONLY with NTBXX-XXX”.
• If you get this screen and it is blank (no reprogramming listed), it means there is no reprogramming available for this vehicle. Close C-III plus and refer back to ASIST for further diagnosis.
xxxxx-xxxxx xxxxx-xxxxx xxxxxxxxxxxxxxxxxxxxxx
xxxxx-xxxxx xxxxx-xxxxx xxxxxxxxxxxxxxxxxxxxxx
Figure 3
6/11 NTB13-058b Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 66 of 89
8. When the screen in Figure 4 displays, reprogramming is complete.
NOTE: If the screen in Figure 4 does not display (reprogramming does not complete), refer to the information on the next page.
9. Disconnect the battery charger from the vehicle.
10. Select Next.
Step 10
Figure 4
NOTE:
• In the next steps (page 9), you will perform Throttle Valve Closed Position, Idle Air Volume Learn, Accelerator Closed Position, and DTC erase.
• These operations are required before C-III plus will provide the final reprogramming confirmation report.
7/11 NTB13-058b Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 67 of 89 ECM Recovery
Do not disconnect plus VI or shut down C-III plus if reprogramming does not complete.
If reprogramming does not complete and the “!?” icon displays as shown in Figure 5:
• Check battery voltage (12.0–15.5 V).
• Ignition is ON, engine OFF.
• External Bluetooth® devices are OFF.
• All electrical loads are OFF.
• Select retry and follow the on screen instructions.
• “Retry” may not go through on first attempt and can be selected more than once. Figure 5
If reprogramming does not complete and the “X” icon displays as shown in Figure 6:
• Check battery voltage (12.0 – 15.5 V).
• CONSULT A/C adapter is plugged in.
• Ignition is ON, engine OFF.
• Transmission is in Park.
• All C-III plus / VI cables are securely connected.
• All C-III plus updates are installed.
Figure 6 • Select Home, and restart the reprogram procedure from the beginning.
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11. Follow the on-screen instructions to perform the following:
• Throttle Valve Closed Position
• Idle Air Volume Learn (IAVL)
NOTE:
o Listed below are common conditions required for IAVL to complete.
o If IAVL does not complete within a few minutes, a condition may be out of range.
o Refer to the appropriate Electronic Service Manual (ESM) for specific conditions required for the vehicle you are working on.
¾ Engine coolant temperature: 70 -100° C (158 - 212°F) ¾ Battery voltage: More than 12.9V (At idle) ¾ Selector lever: P or N ¾ Electric load switch: OFF (Air conditioner, headlamp, rear window defogger) ¾ Steering wheel: Neutral (Straight-ahead position) ¾ Vehicle speed: Stopped ¾ Transmission: Warmed up
• Accelerator Pedal Close Position Learning
• Erase DTCs
Continue to the next page.
9/11 NTB13-058b Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 69 of 89 12. When the entire reprogramming process is complete, the screen in Figure 7 will display.
13. Verify the before and after part numbers are different.
14. Print a copy of this screen (Figure 7) and attach it to the repair order for warranty documentation.
15. Select Confirm.
Step xxxxx 13 xxxxx
xxxxxxx
xxxxxxxxxxxxxxxxx
Step 14
Step 15
Figure 7
16. Close C-III plus.
17. Turn the ignition OFF.
18. Disconnect the plus VI from the vehicle.
19. Make sure the vehicle operates correctly and the MIL is OFF.
• If the MIL comes ON, go back to ASIST for further diagnostic information.
• Diagnosis and repairs beyond ECM reprogramming are not covered by this bulletin.
10/11 NTB13-058b Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 70 of 89
CLAIMS INFORMATION
Submit a Primary Part (PP) type line claim using the following claims coding:
DESCRIPTION PFP OP CODE SYM DIA FRT Reprogram ECM (1) DE97AA HD 32 (2)
(1) Reference the Repair Order and use the current ECM P/N written down in step 6 of the Service Procedure as the PFP. (2) Reference the current Nissan Warranty Flat Rate Manual and use the indicated FRT.
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Reference: Date: NTB15-069 August 13, 2015
VOLUNTARY SERVICE CAMPAIGN 2013-2014 SENTRA, 2012-2014 VERSA SEDAN, AND 2014 VERSA NOTE; CVT REPROGRAMMING
CAMPAIGN ID #: PM562
APPLIED VEHICLES: 2013 – 2014 Sentra (B17) 2012 – 2014 Versa Sedan (N17) 2014 Versa NOTE (E12)
Check Service COMM to confirm campaign eligibility.
INTRODUCTION
Nissan is conducting this voluntary service campaign to reprogram the Transmission Control Module (TCM) for the CVT transmission on certain specific 2013 – 2014 Sentra, 2012 – 2014 Versa Sedan, and 2014 Versa NOTE vehicles. This TCM reprogram will be performed at no charge for parts or labor.
IDENTIFICATION NUMBER
Nissan has assigned identification number PM562 to this campaign. This number must appear on all communications and documentation of any nature dealing with this campaign.
DEALER RESPONSIBILITY
Dealers are to repair vehicles falling within range of this campaign that enter the service department. This includes vehicles purchased from private parties, vehicles presented by transient (tourists) owners, and vehicles in a dealer’s inventory.
Nissan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are properly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job properly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO NOT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.
1/10 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 72 of 89
SERVICE PROCEDURE
Most instructions for reprogramming with CONSULT-III plus (C-III plus) are displayed on the CONSULT PC screen.
If you are not familiar with the reprogramming procedure, click here. This will link you to the "CONSULT-III plus (C-III plus) Reprogramming" general procedure.
Preparation for Reprogramming
CAUTION:
Connect the GR8 to the vehicle battery and set to Power Supply Mode. The vehicle battery voltage must stay between 12.0V and 15.5V during reprogramming, or the TCM may be damaged.
Be sure to turn OFF all vehicle electrical loads. If a vehicle electrical load remains ON, the TCM may be damaged.
Be sure to connect the AC Adapter. If the CONSULT PC battery voltage drops during reprogramming, the process will be interrupted and the TCM may be damaged.
Turn off all external Bluetooth® devices (e.g., cell phones, printers, etc.) within range of the CONSULT PC and the VI. If Bluetooth® signal waves are within range of the CONSULT PC during reprogramming, reprogramming may be interrupted and the TCM may be damaged.
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1. Connect the CONSULT PC to the vehicle to begin the reprogramming procedure.
2. Start C-III plus.
3. Wait for the plus VI to be recognized.
The serial number will display when the plus VI is recognized.
4. Select Re/programming, Configuration.
Step 3: VI is recognized
Step 4
Figure 1
5. Follow the C-III plus on-screen instructions and navigate to the screen shown in Figure 2 on the next page.
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6. When you get to the screen shown in Figure 2, confirm this bulletin applies as follows:
A. Find the TCM Part Number and write it on the repair order.
NOTE: This is the current TCM Part Number (P/N).
Current TCM P/N
31036-XXXXX
Figure 2
B. Compare the P/N you wrote down to the numbers in the Current TCM Part Number column in Table A below.
If there is a match, this bulletin applies. Continue with the reprogramming procedure.
If there is not a match, refer to the Claims Information and submit a claim using OP-CODE PM5624 (TCM Reprogram Not Needed).
Table A
Model Current TCM Part Number: 31036 - 3SR0A, 3SR0B, 3SR0C 2013 - 2014 3SG0A, 3SG0B, 3SG0C Sentra 9AM2A, 9AM2B, 9AM9E 3AA6A, 3AA6B, 3AA6C 2012-2014 9KB1B, 9KB1C, 9KB1D Versa Sedan 3BE0A, 3BE0B 2014 3VB2A, 3VB2B, 3VB2C Versa Note
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7. Follow the on-screen instructions to navigate C-III plus and reprogram the ECM.
NOTE:
In some cases, more than one new P/N for reprogramming is available.
If more than one new P/N is available, the screen in Figure 3 displays.
If more than one new P/N is listed, select and use the reprogramming option (P/N) that says “Use_with_only_NTB15-069”.
TRANSMISSION
Figure 3
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8. When the screen in Figure 4 displays, reprogramming is complete.
NOTE: If the screen in Figure 4 does not display (which means reprogramming did complete), refer to the information on the next page.
9. Disconnect the battery charger from the vehicle.
10. Select Next.
Step 10
Figure 4
NOTE:
In the next step (page 8), you will perform DTC erase.
DTC erase is required before C-III plus will provide the final reprogramming confirmation report.
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ECM recovery:
Do not disconnect plus VI or shut down C-III plus if reprogramming does not complete.
If reprogramming does not complete and the “!?” icon displays as shown in Figure 5:
Check battery voltage (12.0–15.5 V).
Ignition is ON, engine OFF.
External Bluetooth® devices are OFF.
All electrical loads are OFF.
Select retry and follow the on screen instructions.
“Retry” may not go through on first attempt and can be selected more than once. Figure 5
If reprogramming does not complete and the “X” icon displays as shown in Figure 6:
Check battery voltage (12.0 – 15.5 V).
CONSULT A/C adapter is plugged in.
Ignition is ON, engine OFF.
Transmission is in Park.
All C-III plus / VI cables are securely connected.
All C-III plus updates are installed.
Figure 6 Select Home, and restart the reprogram procedure from the beginning.
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11. Follow the on-screen instructions to Erase DTCs.
12. When the entire reprogramming process is complete, the screen in Figure 7 will display.
13. Verify the before and after part numbers are different.
14. Print a copy of this screen (Figure 7) and attach it to the repair order for warranty documentation.
15. Select Confirm.
Step 13
Step 14
Step 15
Figure 7
16. Close C-III plus.
17. Turn the ignition OFF.
18. Disconnect the plus VI from the vehicle.
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CLAIMS INFORMATION
Submit a Campaign (CM) line claim using the following claims coding:
CAMPAIGN (CM) I.D. # DESCRIPTION OP CODE FRT PM562 TCM Reprogram PM5620 0.6 hrs.
OR
CAMPAIGN (CM) I.D. # DESCRIPTION OP CODE FRT PM562 TCM Reprogram Not Needed PM5624 0.3 hrs.
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OWNER’S LETTER (example of typical owner’s letter)
Dear Nissan Sentra Owner:
Nissan is committed to providing the highest levels of product safety, quality and customer satisfaction. With that in mind, we want to bring to your attention important information regarding a voluntary service campaign being conducted by Nissan to update the Continuously Variable Transmission (CVT) software in your vehicle.
REASON FOR SERVICE CAMPAIGN
On some potentially affected Sentra vehicles, the belt may slip when manually shifting from the L range to D range due to low hydraulic pressure. Belt slippage may result in noise, vibration, and poor acceleration. Left unrepaired, this condition may reduce the durability of the CVT. This is not a safety issue, and the vehicle still meets and/or exceeds all applicable safety standards.
WHAT NISSAN WILL DO
To assure your continued satisfaction and confidence in your vehicle, Nissan will update your vehicle’s CVT software at an authorized Nissan dealer at no charge to you for parts or labor. The new software will increase hydraulic pressure while shifting to prevent CVT belt slip while manually shifting from the L to D range. The service could take up to 1 hour to complete, but your Nissan dealer may require your vehicle for a longer period of time based upon their work schedule.
WHAT YOU SHOULD DO
Nissan encourages you to contact an authorized Nissan dealer at your earliest convenience in order to arrange an appointment.
To minimize any inconvenience to you, it is important that you have an appointment before bringing your vehicle to the Nissan dealer for service. Please bring this notice with you when you keep your service appointment. Instructions have been sent to your Nissan dealer.
If you have additional questions you may contact the National Consumer Affairs Department, Nissan North America, Inc., P.O. Box 685003, Franklin, TN 37068-5003. The toll free number is 1-800-NISSAN1 (1-800-647-7261).
Thank you for providing us an opportunity to ensure ongoing satisfaction with your Nissan vehicle.
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Classification: Reference: Date: AT14-020b NTB14-118b April 7, 2016
JUDDER ON DECELERATION UNDER 15 MPH
This bulletin has been ameneded. Table A on page 4 has been revised. Please discard previous versions of this bulletin.
APPLIED VEHICLES: 2014-2015 Sentra (B17)
2015 Versa Note (E12)
2015 Versa Sedan (N17)
APPLIED TRANSMISSION: CVT
IF YOU CONFIRM:
When driving an Applied Vehicle below 15 mph:
A judder or shake (pulsing sensation, or fore/aft sensation) occurs while slowing to a stop.
and
No DTCs are stored.
ACTION:
1. Confirm this bulletin applies:
a. Compare the vehicle’s current Transmission Control Module (TCM) part number to those listed in Table A on page 4.
b. If the TCM part number does not match one listed in Table A, this bulletin does not apply. Refer to the Electronic Service Manual (ESM) for further diagnostic information.
2. If this bulletin applies, reprogram the TCM.
NOTE: If a customer voluntarily chooses to have this specification change made to their vehicle, they should be advised that their actual MPG may (or may not) slightly decrease (up to 0.4 mpg) as a result, depending on their driving habits and other conditions.
Nissan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are properly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job properly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO NOT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.
1/9 Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 82 of 89 SERVICE PROCEDURE
NOTE:
Most instructions for reprogramming with CONSULT-III plus (C-III plus) are displayed on the CONSULT PC screen.
If you are not familiar with the reprogramming procedure, click here. This will link you to the "CONSULT- III plus (C-III plus) ECM Reprogramming" general procedure.
IMPORTANT: Before starting, make sure:
ASIST on the CONSULT PC has been freshly synchronized (updated).
All CONSULT III PLUS (C-III plus) software updates (if any) have been installed.
No DTCs are stored. Use C-III plus to perform Self Diagnosis for all systems and erase all DTCs.
1. Connect the plus VI to the vehicle.
CAUTION: Make sure the plus VI is securely connected. If the plus VI connections are loose during reprogramming, the process will be interrupted and the Module may be damaged.
2. Connect the AC Adapter to the CONSULT PC.
CAUTION: Be sure to connect the AC Adapter. If the CONSULT PC battery voltage drops during reprogramming, the process will be interrupted and the Module May be damaged.
3. Connect the GR8 (Multitasking Battery Diagnostic Station) to the vehicle 12V battery.
Set the GR8 to power supply mode.
CAUTION: Be sure the GR8 is connected securely to the 12V battery. Make sure the battery voltage stays between 12.0V and 15.5V during reprogramming. If the battery voltage goes out of this range during reprogramming, the Module may be damaged.
4. Turn off all external Bluetooth® devices (e.g., cell phones, printers, etc.) within range of the CONSULT PC and the VI.
CAUTION: Make sure to turn off all external Bluetooth® devices. If Bluetooth® signal waves are within range of the CONSULT PC and the VI during reprogramming, reprogramming may be interrupted and the Module may be damaged.
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5. Turn the ignition switch “ON”, but do not start the vehicle.
The meter and gauges will illuminate.
CAUTION: Do Not start the engine or vehicle component damage may occur.
6. Turn OFF all vehicle electrical loads such as exterior lights, interior lights, HVAC, blower, rear defogger, audio, NAVI, seat heater, steering wheel heater, etc.
IMPORTANT: Make sure all vehicle electrical loads are off and the battery voltage stays between 12.0V and 15.5V during reprogramming. If the battery voltage goes out of this range during reprogramming, the Module may be damaged.
7. Turn ON the CONSULT PC.
8. Start C-III plus.
9. Wait for the plus VI to be recognized.
The serial number will display when the plus VI is recognized.
10. Select Re/programming, Configuration.
VI is recognized
Step 10
Figure 1
11. Follow the on-screen instructions and navigate the C-III plus to the screen shown in Figure 2 on the next page.
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12. When you get to the screen shown in Figure 2, confirm this bulletin applies as follows.
A. Find the TCM Part Number and write it on the repair order.
NOTE: This is the current TCM Part Number (P/N).
xxxxxxxxxxx xxxxxx 12A: Current TCM P/N
31036 -XXXXX
B17 NISSAN
xxxxxxxxxxx xxxxxx
Figure 2
B. Compare the P/N you wrote down to the numbers in the Current TCM Part Number column in Table A below.
If there is a match, this bulletin applies. Continue with the reprogramming procedure.
If there is not a match, this bulletin does not apply. Close C-III plus and refer to ASIST for further diagnostic information.
Table A Year and Model Current TCM Part Number: 31036 -
9AM2A, 9AM2B, 9AM2C 2014 Sentra 9AM9E 2015 Sentra 4AT0A, 4AT0B, 4AT0C, 4AT9E 2015 Versa Note 3VB9A, 3VB9B, 3VB9C 2015 Versa Sedan 9KE0A, 9KE0B, 9KE0C
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13. Follow the on-screen instructions to navigate C-III plus and reprogram the TCM.
NOTE:
In some cases, more than one new P/N for reprogramming is available.
If more than one P/N is available, the screen in Figure 3 displays.
Select and use the reprogramming option that does not have the message “Caution! Use ONLY with NTBXX-XXX”.
If you get this screen and it is blank (no reprogramming listed), it means there is no reprogramming available for this vehicle. Close C-III plus and refer back to ASIST for further diagnosis.
TRANSMISSION
Figure 3
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14. When the screen in Figure 4 displays, reprogramming is complete.
NOTE: If the screen in Figure 4 does not display (indicating that the reprogramming did not complete), refer to the information on page 7.
15. Disconnect the battery charger from the vehicle.
16. Select Next.
Step 16
Figure 4
NOTE:
In the next step, on page 8, you will perform Erase All DTCs.
DTC erase is required before C-III plus will provide the final reprogramming confirmation report.
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TCM (Transmission Control Module) recovery
NOTE: If reprogramming does not complete and the !? displays as shown in Figure 5:
Check battery voltage (12.0 - 15.5V).
Ignition is ON, engine is OFF.
External Bluetooth® devices are OFF.
All electrical loads are OFF. 31036-XXXXX
Select Retry and follow the 31036-XXXXX on screen instructions.
Retry may not go through on xxxxxxxxxxx xxxxxx the first attempt. It can be TRANSMISSION selected more than once.
Figure 5
OR: If reprogramming does not complete and the X displays as shown in Figure 6:
Do not disconnect plus VI or shut down Consult III plus if reprogramming does not complete.
Check battery voltage (12.0 - 15.5V).
CONSULT A/C adapter is 31036-XXXXX plugged in. 31036-XXXXX
Ignition is ON, engine is OFF. xxxxxxxxxxx xxxxxx
Transmission in Park. TRANSMISSION
All C-III plus / plus VI cables are securely connected.
All C-III plus updates are installed. Figure 6
Select Home, and then restart the reprogram procedure from the beginning.
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17. Follow the on-screen instructions to Erase All DTCs.
18. When the entire reprogramming process is complete, the screen in Figure 7 will display.
19. Verify the before and after part numbers are different.
20. Print a copy of this screen (Figure 7) and attach it to the repair order for warranty documentation.
21. Select Confirm.
Step 31036-XXXXX
19 31036-XXXXX
B17 NISSAN
xxxxxxxxxxx xxxxxx
TRANSMISSION Step 20
Step 21
Figure 7
22. Close C-III plus.
23. Turn the ignition OFF.
24. Disconnect the plus VI from the vehicle.
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CLAIMS INFORMATION
Submit a Primary Part (PP) type line claim using the following claims coding:
DESCRIPTION PFP OP CODE SYM DIA FRT Reprogram Transmission Control (1) JE0AAA ZE 32 (2) Module (1) Refer to the electronic parts catalog (FAST) and use the TCM assembly part number (310F6 - XXXXX) as the Primary Failed Part (PFP). (2) Reference the current Nissan Warranty Flat Rate Manual and use the indicated FRT. (3) FRT allows adequate time to access DTC codes and reprogram TCM. No other diagnostic procedures subsequently required. Do NOT claim any Diagnostic Op Codes with this claim.
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EXHIBIT C Nissan CVT WarrantyCase Extension4:17-cv-04871-HSG Document 1-3 Filed 08/22/17 Page 2 of 3 Page 1 of 2
CVT Program Details Frequently Asked Questions FAQs Q1. Why is Nissan implementing this program? Included Vehicles A. We have become aware that a small percentage of owners of early models equipped with CVTs have expressed concerns about the cost of repair of their transmissions after the warranty expires. We take these comments About Nissan’s CVT about the cost of vehicle ownership seriously. We strive to provide an exceptional ownership experience and are implementing a thorough Customer Satisfaction Program to address this topic. Contact Nissan Consumer Affairs Nissan is taking these actions to demonstrate our confidence in the CVT technology and to show our commitment to stand behind our products.
Home Q2. What are the new terms of the extended warranty? A. To provide customers with additional assurance regarding their overall cost of ownership we have doubled the Parts and Service Bulletin warranty period for the transmission in all Model Year 2003 to 2010 Nissan models with a CVT. The existing powertrain warranty coverage of 5 years/60,000 miles will be extended at no cost, for CVT repairs, replacements Transmission Fluid (PDF) or related towing, to 10 years/120,000 miles, whichever comes first.
Related Sites This extension is effective immediately and requires no action on the customer's part. The remainder of the www.nissanusa.com powertrain warranty coverage for components other than the transmission remains unchanged, at 5 www.infinitiusa.com years/60,000 miles, and your basic warranty coverage also remains unchanged. All other warranty terms, limitations and conditions otherwise apply.
Q3. What vehicles are included in this program? A. 2003-2010 Murano; 2007-2010 Versa SL, Sentra, Altima and Maxima; 2008-2010 Rogue; 2009-2010 cube®.
Q4. Is there a quality issue with the CVT? A. Nissan is confident in the quality of our CVT technology and has developed this program to demonstrate this confidence and stand behind our products. The vast majority of CVT owners will not experience any issue with their transmission. But for the small percentage that may experience an issue this program will address concerns about the cost of repair.
Q5. Has Nissan made changes to the CVT? A. Nissan continuously strives to enhance our products, and have made ongoing improvements to our CVTs over the years.
Q6. Are there any special requirements for maintaining the CVT? A. As with all vehicles it is important to follow the maintenance schedule in the owner's manual. It is also important to use the correct CVT fluid that has been specifically designed for use in the CVT and should not be replaced with other transmission fluid.
Q7. Will Nissan reimburse me for maintenance performed on my CVT? A. Nissan has extended the coverage period of your CVT warranty. The warranty does not cover maintenance services as specified in your Nissan Service and Maintenance Guide.
Q8. Is the extended warranty transferable? A. Yes, according to the terms of the original limited warranty, this warranty is applicable to the vehicle and transfers with ownership. No action is necessary to transfer the extended warranty to future owners.
Q9. What symptoms will I experience if my CVT has an issue? A. The vast majority of owners will not experience any issues. However, as with any part of the vehicle if you notice any changes in vehicle operation or performance you should bring your vehicle to an authorized Nissan dealer for inspection.
Q10. What is Nissan asking me to do? A. The extended warranty is effective immediately and no action is required by the owner. The customer letter describing the program includes a reminder label and we ask that you affix it to the front of the owner's Warranty Information Booklet. If your vehicle needs repairs during this extended warranty period, you will need to bring your vehicle to an authorized Nissan dealer to receive warranty service.
Q11. If my CVT is replaced or repaired, what are the new terms of the warranty? A. The original warranty continues to apply with extended time and mileage limits for the CVT. The owner's Warranty Information Booklet contains warranty coverage details. There is also an additional parts warranty for 12 months/12,000 miles from the date of replacement should parts warranty extend beyond the remaining period of the extended CVT warranty. http://www.nissanassist.com/faqs.php?menu=3 8/16/2017 Nissan CVT WarrantyCase Extension4:17-cv-04871-HSG Document 1-3 Filed 08/22/17 Page 3 of 3 Page 2 of 2
Q12. Will Nissan reimburse me if I previously replaced my CVT? A. Nissan offered to reimburse customers who have previously paid to repair or replace their CVT through 07/31/2010, if the repairs would have been covered within the new extended warranty period. This program has now expired.
Q13. Does the extended warranty cover towing expenses? A. Towing to the nearest authorized Nissan dealer is covered under this extended warranty up to 10 years/120,000 miles if it would have been covered under the terms and conditions of the original warranty and is for CVT repair or replacement.
Q14. Are rental car expenses covered? A. The extended CVT warranty does not have provisions for rental car reimbursement.
Q15. Will the dealer know that my warranty has been extended? A. All Nissan dealers have received notification of the extended CVT warranty. They will be able to determine if your vehicle is covered under this program by the model year and transmission of your vehicle. The Nissan dealer warranty system will also have information on this program.
Q16. If I need a transmission repair, can I have it repaired at an independent repair facility and have the cost reimbursed to me? A. All warranty repairs must take place at an authorized Nissan dealer. If the repairs were made outside of the warranty period at an independent repair facility prior to the implementation of this extended warranty the repairs may be eligible for reimbursement.
Q17. If my vehicle is outside of the extended warranty, how will you address any service issues with my CVT? A. Most vehicles equipped with a CVT that are out of warranty will now be brought back into warranty with the new 10 year/120,000 mile coverage. In the unlikely event you need a repair beyond the extended warranty period, Nissan is working to change the repair process and reduce the cost of repairs. Also, the MSRP of a replacement CVT has already been reduced.
Q18. I did not receive a letter indicating my warranty has been extended; can I receive a copy of the letter? A. The extended warranty is effective immediately, so if you have concerns you should contact your local authorized Nissan dealer for service. If you need more information please contact Nissan Consumer Affairs at 1800NISSAN1 (1-800-647-7261).
Q19. I have heard there is a service campaign on the Rogue for transmission (CVT) noise. Is this different from the CVT Customer Satisfaction Program? A. Yes. The Rogue Transmission Noise Voluntary Service Campaign is separate from the CVT Customer Satisfaction Program.
Nissan is conducting a service campaign on 2008, 2009, and early 2010 Rogues to reprogram the Transmission Control Module and Engine Control Module software to reduce a subtle rattling noise that may come from the transmission at low speeds. The noise does not affect the performance or safety of the vehicle.
Q20. I own a different Nissan model with a CVT. Do I need to take my vehicle to the dealer? A. The Rogue Transmission Noise Service Campaign only applies to 2008, 2009, and early 2010 Rogues. Other models with the CVT are not included in this service campaign.
Q21. I own a Rogue but have not been contacted to take my vehicle in for reprogramming. What should I do? A. All 2008, 2009, and early 2010 Rogues are involved in the campaign.
Affected owners began receiving letters regarding this service campaign in mid-December. If you own a 2010 Rogue and do not receive a letter by the end of February, 2010, your vehicle probably is not involved in this service campaign. However, if you wish to confirm if your vehicle is involved after the end of February, you are welcome to call Nissan Consumer Affairs at 1-800-NISSAN-1 (1-800-647-7261).
© Copyright 2012 Nissan North America. All Rights Reserved.
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EXHIBIT D Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 2 of 74
Classification: Reference: Date: AT13-011a NTB13-095a August 15, 2014
2007-2012 SENTRA; REDUCED PERFORMANCE DUE TO CVT FLUID TEMPERATURE PROTECTION LOGIC
This bulletin has been amended to add a flow chart and procedure for checking the CVT temp count A/B. Please discard all previous versions.
APPLIED VEHICLE: 2007-2012 Sentra (B16) APPLIED ENGINE: MR20
IF YOU CONFIRM:
The vehicle speed is, or was, reduced by the CVT fail-safe (reduced vehicle speed) after continuous operation under the following conditions:
High RPM and/or high speed driving (4000 RPM or more, and/or 65 MPH or more for 1.0 – 1.5 hrs or more)
Driving in ambient temperature of 96 degrees or higher
Climbing steep or extended hills for 6 miles or more
Whine or rattle type noise occurring during reduced engine performance (vehicle speed decrease)
NOTE: Before applying this bulletin if the vehicle has any DTCs, they should be checked and repaired first.
ACTION
1. Perform a self-diagnosis with CONSULT-III plus (C-III plus).
If DTCs are present, refer to the appropriate section of the Electronic Service Manual (ESM) and diagnose the DTCs first before proceeding to step 2 of ACTION.
2. Check the number of counts of "CVT-A” and “CVT-B" with C-III plus.
Refer to the Flow Chart on page 2 and the Service Procedure starting on page 3 to confirm if this bulletin applies.
IMPORTANT: The purpose of “ACTION” (above) is to give you a quick idea of the work you will be performing. You MUST closely follow the entire Service Procedure as it contains information that is essential to successfully completing the repair.
Nissan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are properly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job properly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO NOT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.
1/10 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 3 of 74
Flow Chart
Important
Before applying this bulletin:
Confirm that the CVT fluid has not been overfilled and/or that a non-approved CVT fluid has been added.
Confirm that the coolant concentration is not greater than 50%.
CVT fluid that is overfilled or non-approved, or coolant concentrations greater than 50% can cause the symptoms in the IF YOU CONFIRM section on page 1.
Refer to NTB12-057 to resolve these conditions first if they should occur.
NOTE: Refer to the ESM for the correct CVT fluid and coolant type for the model and year vehicle that is being worked on.
Check the CVT-A and CVT-B counts with C-III plus.
Yes No Is the CVT-A count greater than 1?
Install the External CVT Refer to bulletin Fluid Cooler kit. NTB12-057 for related Go to page 5. service information.
NOTE: If the CVT-A count is not greater than 1 and similar symptoms to those in IF YOU CONFIRM and/or a DTC are present, refer to the Electronic Service Manual (ESM) and NTB12-057 for further diagnosis.
2/10 NTB13-095a Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 4 of 74
SERVICE PROCEDURE
Check CVT-A and CVT-B count with C-III plus
1. Open C-III plus and select Diagnosis (All Systems). Select
Figure 1
2. Select TRANSMISSION.
Step 2
Figure 2
3/10 NTB13-095a Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 5 of 74
3. In Data Monitor select TRANSMISSION and then select CVT-A and CVT-B. Select TRANSMISSION Select CVT-A and CVT-B
4. Select START.
Step 4
Figure 3
Confirm VIN is 5. Check both CVT-A and CVT-B counts present and refer to the Flow Chart on page 2 to confirm if this bulletin applies.
Save this page to a file on the Consult PC for Step 6. CVT-A and NOTE: If the CVT-A count is not greater CVT-B counts than 1 and similar symptoms to those in IF YOU CONFIRM and/or a DTC are present, refer to the ESM and NTB12-057 for further diagnosis.
Figure 4
6. If it is confirmed that this bulletin applies, submit an order for the SERVICE KIT listed in the Parts Information table by sending an email with the screen print (Figure 4) from Step 5 to:
IMPORTANT: Please make sure the VIN number is clearly visible at the top of the screen print from Step 5 (Figure 4).
Once DPIC has validated the order, a salesforce case will be generated for reference. You will receive a confirmation and the sales force case number to track the order status.
Once the order is completed, you will receive a final confirmation of the order, including ETA of part arrival.
4/10 NTB13-095a Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 6 of 74
SERVICE PROCEDURE
1. Place the vehicle on a lift and raise it as needed to perform the following procedure.
Attach with 3 bolts 2. Install the “COOLER ASSY – AUTO TRANS. OIL” to the pre-existing weld nuts on the front of the radiator support with bolts from kit.
Torque bolts to 7N•m (0.71 kg-m, 62 in-lb).
NOTE: Figure 5 is shown looking from the bottom of the vehicle upward, at the COOLER ASSY – AUTO lower front radiator/condenser support. TRANS. OIL
Figure 5
Route hoses past radiator
into engine compartment
NOTE: Figure 14 on page 8 shows an overview of the external CVT cooler and hose routing.
3. Route both hoses through the radiator support and into engine compartment.
Figure 6
Remove Air Inlet
4. Remove the Air Inlet to gain access to the CVT Fluid Cooler.
Figure 7
5/10 NTB13-095a Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 7 of 74
Detach the harness and the battery J-bolt from the TCM
Unbolt the TCM bracket and place the bracket out of the way
Figure 8
5. Detach the Engine Room harness and TCM moved out of the battery J-bolt from the TCM bracket. the way and bracket removed 6. Unbolt the TCM bracket and place it out of the way.
WARNING: Never remove the radiator cap when the engine is hot. Serious burns may occur from high-pressure engine coolant escaping from the radiator.
7. Relieve any residual cooling system Figure 9 pressure.
a. Wrap a thick cloth around the Clamp both radiator cap. Slowly turn it a quarter coolant hoses to of a turn to release the pressure. CVT fluid cooler
b. Then turn it all the way.
8. Clamp both of the coolant hoses attached to the CVT Fluid Cooler to prevent coolant loss.
CVT Fluid Cooler
Figure 10
6/10 NTB13-095a Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 8 of 74
9. Remove both of the CVT Fluid Cooler coolant hose (Water Hose B and Water Hose C) spring clamps and then remove both of the hoses from the CVT Fluid Cooler.
NOTE: These spring clamps will be saved for reassembly. CVT Fluid Cooler with coolant hoses removed
Figure 11
Do not disturb oil filter 10. Loosen the CVT Fluid Cooler mounting bolts (4 bolts) and remove the CVT Fluid Cooler.
11. Clean any debris from the CVT Fluid Cooler mounting surface with brake cleaner and a lint free cloth. Clean surface NOTE: Use genuine Nissan Brake Cleaner or equivalent. Figure 12
12. Coat the O-ring on the new CVT Fluid Cooler using NS-2 CVT fluid before installing it onto the CVT Cooler mounting area.
Coat O-ring with NS-2
Figure 13
7/10 NTB13-095a Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 9 of 74
CLP – HOSE SPR PLATE COOLER ASSY – AUTO TRANS. OIL CVT Fluid Cooler
CLP – HOSE SPR PLATE Bolt
HOSE – AUTO TRANS. UPR
Bolt HOSE – AUTO TRANS. LWR Bolt
CLP – HOSE SPR PLATE
CLP – HOSE SPR PLATE
Figure 14
Figure 14 shows overview of external CVT cooler and hose routing.
8/10 NTB13-095a Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 10 of 74 13. Install the new CVT Fluid Cooler from the kit onto the CVT and tighten the mounting bolts to 3.63 N•m (0.37 kg-m, 32 in-lb).
14. Use a lint-free cloth and genuine Nissan Brake Cleaner or equivalent to remove any residual coolant from the inside of both of the coolant hoses before re-assembly of the hoses to the CVT fluid cooler.
Re-install Water Hose B and C and 15. Re-install CVT Water Hose B and CVT reposition spring clamps Water Hose C onto the new CVT Fluid Cooler and reposition spring clamps.
Position the spring clamps as close to each fitting bulge as possible and then release them.
NOTE: Confirm that the clamps are not on top of each fitting bulge or on an angle.
Figure 15
16. Place 2 new “CLP – HOSE SPR COOLER ASSY – AUTO PLATE” (spring clamps) onto the TRANS. OIL hoses COOLER ASSY – AUTO TRANS. OIL hoses and install the cooler hoses on to the CVT Fluid Cooler.
See Figure 14 for hose routing.
Position the hoses so that they do not come in contact with the radiator support.
Position the spring clamps as close to the fitting bulge as possible and then release them. Figure 16
NOTE: Confirm that the spring clamps are not on top of the fitting bulge or on an angle.
17. Reassemble the components removed in steps 4 – 6 in reverse order.
18. Check the level of the coolant and add as needed.
Refer to ESM for correct coolant for the model year vehicle that is being worked on.
19. Check the level of the CVT NS-2 Fluid and add as needed.
Refer to ESM for correct method to check fluid level for the model year vehicle that is being worked on.
9/10 NTB13-095a Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 11 of 74
PARTS INFORMATION
DESCRIPTION PART # QUANTITY SERVICE KIT-COOLER ASSY 21606-ET89B 1 NS-2 CVT Fluid 999MP-NS200P* As needed
* NS-2 CVT Fluid can be ordered from the Maintenance Advantage website that can be accessed through www.nnanet.com (NNANET.COM, Parts & Service, Maintenance Advantage-Tire/Wiper/Battery/Chemical).
Table A – Listing of parts included in the SERVICE KIT-COOLER ASSY PART NAME QTY PER KIT COOLER ASSY-AUTO TRANS OIL (air-to-ATF cooler) 1 HOSE-AUTO TRANS, UPR 1 HOSE-AUTO TRANS, LWR 1 CLP – HOSE SPR PLATE(s) 4 BOLT-HEX 3 BOLT-HEX 4 CVT Fluid Cooler (CVT mounted heat exchanger with 4 ports) 1 OIL COOLER O-Ring 1
CLAIMS INFORMATION
Submit a Primary Part (PFP) type line claim using the following claims coding:
DESCRIPTION PFP OP CODE SYM DIA FRT Oil cooler kit installation (1) JX15AA AE 32 1.0 (1) Refer to the electronic parts catalog (FAST) and use the Oil Cooler assembly part number (21606-*****) as the Primary Part (PFP).
10/10 NTB13-095a Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 12 of 74
Classification: Reference: Date: AT13-011c NTB13-095c November 25, 2015
2007-2012 SENTRA; REDUCED PERFORMANCE DUE TO CVT FLUID TEMPERATURE PROTECTION LOGIC
This bulletin has been amended to revise the flow chart on page 2 with additional repair information. Please discard all previous versions.
APPLIED VEHICLE: 2007-2012 Sentra (B16) APPLIED ENGINE: MR20
IF YOU CONFIRM:
The vehicle speed is, or was, reduced by the CVT fail-safe (reduced vehicle speed) after continuous operation under the following conditions:
High RPM and/or high speed driving (4000 RPM or more, and/or 65 MPH or more for 1.0 – 1.5 hrs or more)
Driving in ambient temperature of 96 degrees or higher
Climbing steep or extended hills for 6 miles or more
Whine or rattle type noise occurring during reduced engine performance (vehicle speed decrease)
NOTE: Before applying this bulletin if the vehicle has any DTCs, they should be checked and repaired first.
ACTION
1. Perform a self-diagnosis with CONSULT-III plus (C-III plus).
If DTCs are present, refer to the appropriate section of the Electronic Service Manual (ESM) and diagnose the DTCs first before proceeding to step 2 of ACTION.
2. Check the number of counts of "CVT-A” and “CVT-B" with C-III plus.
Refer to the Flow Chart on page 2 and the Service Procedure starting on page 3 to confirm if this bulletin applies.
IMPORTANT: The purpose of “ACTION” (above) is to give you a quick idea of the work you will be performing. You MUST closely follow the entire Service Procedure as it contains information that is essential to successfully completing the repair.
Nissan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are properly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job properly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO NOT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.
1/10 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 13 of 74 Flow Chart
Important
Before applying this bulletin:
Confirm that the CVT fluid has not been overfilled, and that it contains the proper CVT fluid.
Confirm that the coolant concentration is not greater than 50%.
Use of incorrect fluid, overfilling the CVT fluid, or coolant concentrations greater than 50% can cause the symptoms in the IF YOU CONFIRM section on page 1.
Refer to NTB12-057 to resolve these conditions first if they should occur.
NOTE: Refer to the ESM for the correct CVT fluid and coolant type for the model and year vehicle that is being worked on.
Check the CVT-A and CVT-B counts with C- III plus.
Refer to bulletin Yes Is the CVT-A count No NTB12-057 for related greater than 1? service information.
No Is the CVT-A count 24 or Yes more?
And/or
Are 2 or more of the Pre-authorization is required following DTCs stored? before CVT replacement. P0840 Print screen showing CVT- P0845 A; CVT-B counts for P0710 Powertrain Cal Center approval. Replace only the Control Valve assembly, and then install the External Replace the CVT assembly, and then CVT Fluid Cooler kit. install the External CVT Fluid Cooler kit. Go to page 5. Go to page 5.
NOTE:
If the CVT-A count is not greater than 1 and similar symptoms to those in IF YOU CONFIRM and/or a single DTC is present, refer to the ESM and NTB12-057 for further diagnosis.
Refer to the ESM section TM – Transaxle & Transmission for removal and installation information for the Control Valve or CVT assemblies.
2/10 NTB13-095c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 14 of 74
SERVICE PROCEDURE
Check CVT-A and CVT-B count with C-III plus
1. Open C-III plus and select Diagnosis (All Systems). Select
Figure 1
2. Select TRANSMISSION.
Step 2
Figure 2
3/10 NTB13-095c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 15 of 74
3. In Data Monitor select TRANSMISSION and then select CVT-A and CVT-B. Select TRANSMISSION Select CVT-A and CVT-B
4. Select START.
Step 4
Figure 3
Confirm VIN is present 5. Check both CVT-A and CVT-B counts and refer to the Flow Chart on page 2 to confirm if this bulletin applies.
NOTE: If the CVT-A count is not greater than 1 and similar symptoms to those in CVT-A and IF YOU CONFIRM and/or a DTC are CVT-B counts present, refer to the ESM and NTB12-057 for further diagnosis.
Figure 4
6. If it is confirmed that this bulletin applies, install the SERVICE KIT-COOLER-ASSY listed in the Parts Information.
And
If the CVT count is 24 or greater, replace the CVT assembly.
Or
If the CVT count is less than 24, replace the Control Valve Assembly.
IMPORTANT: Pre-authorization is required before CVT replacement. Print screen showing CVT-A; CVT-B counts for Powertrain Call Center approval.
Refer to the Installation Instructions beginning on the next page to install the SERVICE KIT-COOLER-ASSY.
Refer to the ESM section TM – Transaxle & Transmission for removal and installation information for the Control Valve or CVT assemblies.
4/10 NTB13-095c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 16 of 74
INSTALLATION INSTRUCTIONS
1. Place the vehicle on a lift and raise it as needed to perform the following procedure.
Attach with 3 bolts 2. Install the “COOLER ASSY – AUTO TRANS. OIL” to the pre-existing weld nuts on the front of the radiator support with bolts from kit.
Torque bolts to 7N•m (0.71 kg-m, 62 in-lb).
NOTE: Figure 5 is shown looking from the bottom of the vehicle upward, at the COOLER ASSY – AUTO lower front radiator/condenser support. TRANS. OIL
Figure 5
Route hoses past radiator
into engine compartment
NOTE: Figure 14 on page 8 shows an overview of the external CVT cooler and hose routing.
3. Route both hoses through the radiator support and into engine compartment.
Figure 6
Remove Air Inlet
4. Remove the Air Inlet to gain access to the CVT Fluid Cooler.
Figure 7
5/10 NTB13-095c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 17 of 74
Detach the harness and the battery J-bolt from the TCM
Unbolt the TCM bracket and place the bracket out of the way
Figure 8
5. Detach the Engine Room harness and TCM moved out of the battery J-bolt from the TCM bracket. the way and bracket removed 6. Unbolt the TCM bracket and place it out of the way.
WARNING: Never remove the radiator cap when the engine is hot. Serious burns may occur from high-pressure engine coolant escaping from the radiator.
7. Relieve any residual cooling system Figure 9 pressure.
a. Wrap a thick cloth around the Clamp both radiator cap. Slowly turn it a quarter coolant hoses to of a turn to release the pressure. CVT fluid cooler
b. Then turn it all the way.
8. Clamp both of the coolant hoses attached to the CVT Fluid Cooler to prevent coolant loss.
CVT Fluid Cooler
Figure 10
6/10 NTB13-095c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 18 of 74
9. Remove both of the CVT Fluid Cooler coolant hose (Water Hose B and Water Hose C) spring clamps and then remove both of the hoses from the CVT Fluid Cooler.
NOTE: These spring clamps will be saved for reassembly. CVT Fluid Cooler with coolant hoses removed
Figure 11
Do not disturb oil filter 10. Loosen the CVT Fluid Cooler mounting bolts (4 bolts) and remove the CVT Fluid Cooler.
11. Clean any debris from the CVT Fluid Cooler mounting surface with brake cleaner and a lint free cloth. Clean surface NOTE: Use genuine Nissan Brake Cleaner or equivalent. Figure 12
12. Coat the O-ring on the new CVT Fluid Cooler using NS-2 CVT fluid before installing it onto the CVT Cooler mounting area.
Coat O-ring with NS-2
Figure 13
7/10 NTB13-095c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 19 of 74
CLP – HOSE SPR PLATE COOLER ASSY – AUTO TRANS. OIL CVT Fluid Cooler
CLP – HOSE SPR PLATE Bolt
HOSE – AUTO TRANS. UPR
Bolt HOSE – AUTO TRANS. LWR Bolt
CLP – HOSE SPR PLATE
CLP – HOSE SPR PLATE
Figure 14
Figure 14 shows overview of external CVT cooler and hose routing.
8/10 NTB13-095c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 20 of 74 13. Install the new CVT Fluid Cooler from the kit onto the CVT and tighten the mounting bolts to 3.63 N•m (0.37 kg-m, 32 in-lb).
14. Use a lint-free cloth and genuine Nissan Brake Cleaner or equivalent to remove any residual coolant from the inside of both of the coolant hoses before re-assembly of the hoses to the CVT fluid cooler.
Re-install Water Hose B and C and 15. Re-install CVT Water Hose B and CVT reposition spring clamps Water Hose C onto the new CVT Fluid Cooler and reposition spring clamps.
Position the spring clamps as close to each fitting bulge as possible and then release them.
NOTE: Confirm that the clamps are not on top of each fitting bulge or on an angle.
Figure 15
16. Place 2 new “CLP – HOSE SPR COOLER ASSY – AUTO PLATE” (spring clamps) onto the TRANS. OIL hoses COOLER ASSY – AUTO TRANS. OIL hoses and install the cooler hoses on to the CVT Fluid Cooler.
See Figure 14 for hose routing.
Position the hoses so that they do not come in contact with the radiator support.
Position the spring clamps as close to the fitting bulge as possible and then release them. Figure 16 NOTE: Confirm that the spring clamps are not on top of the fitting bulge or on an angle.
17. Reassemble the components removed in steps 4 – 6 in reverse order.
18. Check the level of the coolant and add as needed.
Refer to ESM for correct coolant for the model year vehicle that is being worked on.
19. Check the level of the CVT Fluid and add as needed.
Refer to ESM for correct method to check fluid level for the model year vehicle that is being worked on.
NOTE: For warranty repairs, Nissan NS-2 CVT Fluid must be used. For customer pay repairs, Nissan NS-2 CVT Fluid or an equivalent is recommended.
9/10 NTB13-095c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 21 of 74 PARTS INFORMATION
DESCRIPTION PART # QUANTITY SERVICE KIT-COOLER ASSY 21606-ET89B 1 NS-2 CVT Fluid (2) 999MP-NS200P (1) As needed Control Valve Assembly (3) 1 CVT Assembly (3) 1 (1) For warranty repairs, Nissan NS-2 CVT Fluid must be used. For customer pay repairs, Nissan NS-2 CVT Fluid or an equivalent is recommended.
(2) Order this item through the Nissan Maintenance Advantage program: Phone: 877-NIS- NMA1 (877-647-6621). Website order via link on dealer portal www.NNAnet.com and click on the “Maintenance Advantage” link.
(3) Use the VIN and the electronic parts catalog (FAST or equivalent) to obtain the applicable part number for the vehicle you are working on.
Table A – Listing of parts included in the SERVICE KIT-COOLER ASSY PART NAME QTY PER KIT COOLER ASSY-AUTO TRANS OIL (air-to-ATF cooler) 1 HOSE-AUTO TRANS, UPR 1 HOSE-AUTO TRANS, LWR 1 CLP – HOSE SPR PLATE(s) 4 BOLT-HEX 3 BOLT-HEX 4 CVT Fluid Cooler (CVT mounted heat exchanger with 4 ports) 1 OIL COOLER O-Ring 1
CLAIMS INFORMATION
Submit a Primary Part (PP) type line claim using the following claims coding: DESCRIPTION PFP OP CODE SYM DIA FRT Replace Control Valve Assembly JD48AA (1) 21606-ZX59A AE 32 Oil cooler kit installation JX15AA 1.0 (1) Reference the current Nissan Warranty Flat Rate Manual and use the indicated Flat Rate Time.
OR
Submit a Primary Part (PP) type line claim using the following claims coding: DESCRIPTION PFP OP CODE SYM DIA FRT R&I Automatic CVT Transaxle Assembly JD01AA Replace Automatic CVT Transaxle JD023A (1) Assembly (2) ZE 32 CVT TROUBLE DIAGNOSIS JX22AA Oil cooler kit installation JX15AA 1.0 (1) Reference the current Nissan Warranty Flat Rate Manual and use the indicated Flat Rate Time. (2) Refer to the electronic parts catalog (FAST) and use the CVT assembly part number as the Primary Failed Part (PFP).
10/10 NTB13-095c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 22 of 74
Classification: Reference: Date: AT15-015c NTB15-086c April 6, 2016
2013-2016 ALTIMA AND 2014-2016 ROGUE; MIL ON WITH DTC P0776
This bulletin has been amended to correct a typographical error in the title. Please discard all previous versions of this bulletin.
APPLIED VEHICLES: 2013-2016 Altima (L33) with 4-cyl engine only 2014-2016 Rogue (T32)
NOTE: Does not apply to Rogue Select (S35)
IF YOU CONFIRM:
The MIL is ON and ONLY DTC P0776 (PC SOLENOID B – Pressure Control Solenoid “B” Performance/Stuck OFF) is stored in the TCM.
NOTE: If this issue should occur, the vehicle may hesitate and/or have a lack of power.
ACTION:
Refer to the Repair Flow Chart on page 2.
NOTE: Essential Tool Tech Cam (borescope) J-51951, which is used for CVT inspection, has been sent to dealers. This tool’s attachements make CVT inspection possible.
IMPORTANT: The purpose of ACTION (above) is to give you a quick idea of the work you will be performing. You MUST closely follow the entire SERVICE PROCEDURE as it contains information that is essential to successfully completing this repair.
Nissan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are properly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job properly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO NOT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.
1/19 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 23 of 74
Repair Flow Chart
MIL ON with DTC P0776 stored
Vehicle may hesitate and/or lack power
Remove the control Evidence of valve (valve body), The CVT belt CVT belt slippage inspect the CVT belt checks out OK
Replace the CVT assembly Replace the
See page 19 valve body for important pre-authorization information
2/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 24 of 74
SERVICE PROCEDURE
Exploded View
(Total of 9 bolts)
Figure 1
Transaxle (CVT) assembly Terminal cord assembly Control valve (valve body)
O-ring Oil strainer assembly
Oil pan gasket Oil pan Drain plug
Drain plug gasket Two original magnets Spring washer
Manual plate Lip seal Snap ring
Overflow plug O-ring
3/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 25 of 74
Control Valve (Valve Body) Removal and CVT Belt Inspection
1. Remove the valve body.
Before lifting the vehicle: Place the transmission gear selector in Neutral. Leave the driver door unlatched. A step further in the procedure may require it.
For Altima: Refer to the appropriate ESM, section TM – Transaxle & Transmission, for valve body removal.
For Rogue: Refer to the 2013 Altima ESM, section TM – Transaxle & Transmission / RE0F10D, for valve body removal.
NOTE: The number ‘7’ is on the head of all bolts that need to be removed for valve body removal. Do not remove any bolt that does not have the number ‘7’.
CAUTION: Never allow any chemicals or fluids other than NS-3 CVT fluid or equivalent to enter the CVT assembly. Never allow any foreign debris, dust, dirt, etc. to enter the CVT assembly.
For additional information, see video # 544: “CVT Belt Inspection”. This video is located under the TECH TRAINING GARAGE VIDEOS tab in Virtual Academy.
4/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 26 of 74
2. Secure the front right tire with a suitable strap.
This will assist in making the belt turn.
3. Mark the front left tire with a suitable marking.
This will assure all 360° of the belt is inspected.
Figure 2
Belt 4. Using borescope J-51951 with mirror attachment, inspect the entirety of the two Pulley
sides of the belt that come in contact with Case the pulleys (see page 7, Figure 8).
Reference the pictures on pages 7 through 11 for comparison.
NOTE:
Be sure to remove the protective film from the mirror before the first use. Step 4a Step 4c Clean the camera lens and mirror before each inspection. Use 90% isopropyl alcohol, and a lens swab from Lens Swab packet J-51963 listed Figure 3 in PARTS INFORMATION.
Before inspecting, make sure the camera handle’s AA batteries are fresh and the LCD monitor’s battery Camera is charged. flexible tube Front
a. Insert the camera lens between the CVT case and pulley where shown in Figures 3 and 4.
Insert the lens approximately seven (7) inches, and then view the side of the belt that contacts the pulley.
Figure 4
5/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 27 of 74
b. Slowly and carefully turn the front left tire one full turn in the forward rotation to view all of the belt.
Holding the borescope with one hand allows for turning the tire with the other hand (see Figure 5).
CAUTION: If the tire is rotated in the rearward rotation, the camera lens may get caught between the belt and pulley. c. If the inspection result is OK, inspect the other side of the belt. Figure 5 Insert the camera lens in the
second location where shown
in Figure 3 and 6, and then perform step 4b again. Pulley d. If the inspection result is OK 360° on both sides of the belt, skip to step 5 on Front the next page.
If any evidence of belt slippage is found, go to step 4e, and then step 6.
For additional information, see video # 544: “CVT Belt Inspection”. This video is located under the TECH TRAINING GARAGE VIDEOS tab in Virtual Academy. Figure 6
e. Once CVT replacement is determined as required, use borescope J-51951 to record a 15 second or less continuous video of the most severe evidence of belt slip and the VIN on the F.M.V.S.S. certification label (VIN label). See VIN Figure 7. label
NOTE: This required video must be attached to the Powertrain Call Center CVT Preauthorization Form (in ASIST) prior to calling for authorization. Failure to submit a continuous video will cause immediate denial of request for replacement. Figure 7
6/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 28 of 74
Before starting to record, make sure the camera handle’s AA batteries are fresh and the LCD monitor’s battery is charged. The whole video will show as backward, or reversed mirror image. This is okay. The required video must show clear evidence of belt slippage and be 15 seconds or less.
5. If the belt inspection result is OK, replace the valve body.
There is no need for pictures or video showing “OK” belt surfaces. For valve body replacement, go to page 12, Control Valve (Valve Body) Installation.
6. If the belt inspection result is NG, replace the CVT assembly.
Get authorization to replace the CVT assembly (see page 19). Make sure to perform step 4e on page 6. For CVT assembly replacement, refer to the appropriate ESM, section TM – Transaxle & Transmission / RE0F10D.
IMPORTANT: Perform "ADDITIONAL SERVICE WHEN REPLACING TRANSAXLE ASSEMBLY".
Refer to TM – Transaxle & Transmission / RE0F10D / BASIC INSPECTION:
o Check for fluid leakage. o Install Write IP Characteristics to the TCM; see NTB12-103.
The CVT unit requiring replacement will need to be reassembled for Nissan parts return/collection.
7. Flush the CVT cooler(s).
IMPORTANT: A CVT Cooler flush is required after a valve body or CVT assembly replacement. Refer to bulletin NTB15-013 to perform CVT Cooler flush.
Inspect these sides
Do not inspect these sides
Figure 8
7/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 29 of 74
Figure 9: New belt
Figure 10: Close-up of section to be inspected
8/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 30 of 74 Pictures in Figures 11 and 12 were taken with borescope J-51951.
OK
Visual lines
Figure 11: Belt is OK
OK
Visual lines
Figure 12: Belt is OK
9/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 31 of 74
NG
Scuffing
Figure 13: Example of NG belt
NG
Lines “smeared”
Figure 14: Example of NG belt
10/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 32 of 74
Pictures in Figures 15-17 were taken with borescope J-51951. NG
Figure 15: Example of NG belt
NG
Figure 16: Example of NG belt
NG
Figure 17: Example of NG belt
11/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 33 of 74
Control Valve (Valve Body) Strainer and Pan Installation
IMPORTANT: This section may contain different style parts than what was originally installed in the CVT. Pay careful attention, REASSEMBLY MAY NOT BE IDENTICAL TO DISASSEMBLY.
CAUTION: Handle the valve body carefully.
1. Discard the oil strainer bracket (Figure 18).
2. Install a new lip seal. Do NOT reuse the old lip seal (Figure 19).
NOTE: Apply a small amount of petroleum jelly to the lip seal to keep it in place on the CVT.
Oil strainer Lip seal bracket
Figure 18 Figure 19
3. Install the Control Valve with nine (9) mounting bolts (Figure 20). 25 mm bolts
IMPORTANT: Leave Four (4) bolt holes blank at this step.
CAUTION: Make sure the wiring harness is not in the way / does not get pinched. 44 mm bolts
54 mm long bolt – 7 pieces
44 mm long bolt – 2 piece
25 mm long bolt – 2 piece Wiring harness CAUTION: These two bolts are installed WITHOUT the strainer Figure 20 bracket.
Bolt torque: 8.0 N•m (0.81 kg-m,
70.8 in-lb.)
12/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 34 of 74
4. Replace the metal bracket of the temperature sensor as follows:
NOTE: The new bracket will be oriented the same way the old bracket was.
a. Cut the plastic zip tie with an appropriate tool to remove the temperature sensor bracket from the terminal harness assembly. (Figure 21).
CAUTION: Cut the plastic zip tie over the metal bracket to avoid damage to the temperature sensor.
b. Discard the removed bracket and plastic zip tie.
c. Use the plastic zip tie from Parts Information to attach the new temperature sensor bracket to the temperature sensor of the terminal connector harness.
IMPORTANT: Locate the plastic zip tie at the center notch of three notches on the temperature sensor.
d. Cut off plastic zip tie excess.
Temperature sensor
Metal bracket Plastic zip tie in center notch
Figure 21
13/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 35 of 74
5. Connect the electrical harness connector (Figure 22).
Harness connector
Figure 22
6. Install the CVT fluid temperature sensor bracket to the valve body with one (1) bolt (Figure 23).
NOTE: Leave one (1) bolt hole blank as it will be used to secure the oil strainer at a later step.
Bolt torque: 8.0 N•m (0.81 kg-m, 70.8 in-lb.) 1 bolt
Bolt length: 54 mm
Figure 23
7. Install the new oil strainer with its new O-ring seal with two (2) bolts (Figure 24).
NOTE: replacement strainer maybe a different shape.
Bolt torque: 8.0 N•m (0.81 kg-m, 70.8 54 mm in-lb.). bolts
54 mm long bolt - 2 pieces.
Figure 24
14/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 36 of 74
8. Install the manual plate, lock washer, and Slot and manual Manual plate nut (Figure 25). plate end
NOTE: Make sure the manual plate fits into the slot of the manual valve before Lock washer applying torque to the nut.
Reuse the existing manual plate, lock washer, and nut. Nut
Nut torque: 22.5 N•m (2.29 Kg-m, 16.6 ft-lb.) Manual valve
Figure 25
9. Clean the original oil pan and magnets with a suitable cleaner. Visible debris should not be present at re-assembly.
10. Reassemble the original magnets to the pan.
NOTE: Return the magnets to their original locations.
11. Install a new oil pan gasket to the pan.
12. Install the oil pan bolts (see Figure 26).
Reuse the existing pan bolts.
Oil pan bolts torque: 8.0 N•m, (0.81 Kg-m, 70.8 in-lb.)
13. Install a new drain washer to the drain plug on the oil pan.
Figure 26
15/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 37 of 74
14. Fill the CVT assembly with NS-3 CVT fluid or equivalent.
Refer to the ESM, section TM – Transaxle & Transmission / RE0F10D, for CVT fluid filling.
15. IMPORTANT: Install Write IP Characteristics to the TCM; see NTB12-103.
Refer to TM – Transaxle & Transmission / RE0F10D / BASIC INSPECTION, and perform ADDITIONAL SERVICE WHEN REPLACING TRANSAXLE ASSEMBLY.
Check for fluid leakage.
Attach the QR label with the new calibration data onto the transmission range switch (inhibitor switch).
o See Figure 27 and 28 below.
o A QR Label and CD-R are included with the replacement valve body.
16. Erase the DTC.
Air cleaner
intake duct Inhibitor ------Valve cover switch ----- QR label
Figure 27 Figure 28
16/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 38 of 74 PARTS INFORMATION
DESCRIPTION PART NUMBER QUANTITY CVT ASSEMBLY (1) (2) 1
VALVE ASSEMBLY-CONTROL 31705-28X0B 1 (valve body) (3) STRAINER ASSY-OIL, AUTO TRANS 31728-28X0A 1 BRACKET (for temperature sensor) 31069-3VX0D 1 BAND (zip tie for sensor bracket) 24224-3VX0A 1 GASKET-OIL PAN 31397-1XF0D1 SEAL-LIP 31528-1XZ0A1 WASHER-DRAIN 11026-JA00A 1 SEAL, O-RING (fluid filler plug gasket) 31526-3VX0B 1
NS-3 CVT Fluid (4) (5) 999MP-NS300P As needed Lens Swab (6) (7) J-51963 As needed
(1) If the CVT assembly is being replaced, no other parts in the table above, except NS-3 CVT fluid or equivalent, are needed. (2) Refer to the electronic parts catalog (FAST or equivalent) for the correct part number. (3) Includes QR Label, CD-R, and Control Valve Assembly. (4) For warranty repairs, Nissan NS-3 CVT Fluid must be used. For customer pay repairs, Nissan NS-3 CVT Fluid or an equivalent is recommended. (5) NS-3 CVT Fluid can be ordered through the Nissan Maintenance Advantage program: Phone: 877-NIS-NMA1 (877-647-6621) or Website: Order via link on dealer portal www.NNAnet.com and click on the “Maintenance Advantage” link. (6) Lens swabs are available from Tech•Mate online: www.nissantechmate.com, or by phone: 1-800-662-2001. (7) Shop supply.
Tech Cam J-51951
Lens swab J-51963 (not part of J-51951) Figure 21 Remove protective
film before first use
Additional kits and components of Tech Cam J-51951 are available from Tech•Mate online: www.nissantechmate.com, or by phone: 1-800-662-2001.
17/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 39 of 74
CLAIMS INFORMATION
NOTE: Refer to CVT Assembly Replacement Approval Procedures (on the next page) before submitting a claim.
If belt condition shows no signs of belt slip, OK
Submit a Primary Part (PP) type line claim using the following claims coding:
DESCRIPTION PFP OP CODE SYM DIA FRT RPL CVT CONTROL VALVE ASSY (1) JD48AA ZE 32 (2)
(1) Reference the Parts Information Table and use the applicable Control Valve Assembly Part Number (31705-*****) as the Primary Failed Part. (2) Reference the current Nissan Warranty Flat Rate Manual and use the indicated Flat Rate Time. NOTE: FRT allows adequate time to access DTC codes. No other diagnostic procedures subsequently required. Do NOT claim any diagnostic OP Codes with this claim.
And
DESCRIPTION OP CODE FRT Inspect CVT Belt, Belt = OK JX37AA 0.3
OR
If belt inspection shows signs of belt slip, NG
MODEL DESCRIPTION PFP OP CODE SYM DIA FRT Altima JD01AA CVT R&R (4) Rogue JD023A (3) ZE 32 Altima/ CVT TROUBLE DIAGNOSIS Rogue JX22AA 0.5
(3) Reference the electronic Parts Catalog (FAST or equivalent) and use the CVT assembly part number for the vehicle being repaired as the Primary Failed Part. (4) Reference the current Nissan Warranty Flat Rate Manual and use the indicated Flat Rate Time. NOTE: FRT allows adequate time to access DTC codes. No other diagnostic procedures subsequently required. Do NOT claim any diagnostic OP Codes with this claim.
And
DESCRIPTION OP CODE FRT Inspect CVT Belt, Belt = NG (Includes control valve R&I) JX36AA 2.2
18/19 NTB15-086c Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 40 of 74
CVT Assembly Replacement Approval Procedures
If CVT belt inspection indicates CVT assembly replacement is required:
a. Complete the PCC CVT Preauthorization Form in ASIST.
b. Attach the required video (15 seconds or less) to the CVT Preauthorization Form.
Failure to submit a continuous video showing evidence of belt slip and the VIN will cause immediate denial of request for CVT unit replacement.
c. Call the PCC for authorization at 800-973-9992 (opt 2).
IMPORTANT: Make sure the video has a clear image of the VIN on the F.M.V.S.S. certification label (VIN label).
19/19 NTB15-086c Case 4:17-cv-04871-HSG SB-10053324-2938 Document 1-4 Filed 08/22/17 Page 41 of 74
Classificatio n: Reference: Date: AT13-017 NTB13-086 September 10, 2013
2013 - 2014 ALTIMA V6 SEDAN AND PATHFINDER; JUDDER DURING LIGHT ACCELERATION
APPLIED VEHICLES, VINS AND 2013 - 2014 Altima Sedan (L33) with V-6 engine only DATES: 2013 - 2014 Pathfinder (R52) APPLIED TRANSMISSION: CVT
IF YOU CONFIRM
When driving an Applied Vehicle a judder (shudder, single or multiple bumps or vibrations) happens during light acceleration, and all of the following when the issue occurs:
• Vehicle speed is between 5 and 35 mph.
• Throttle position is about 10%.
• When issue occurs, if more throttle is applied issue stops.
• No DTCs are stored.
ACTION
1. To determine the root cause perform the Service Procedure starting on page 3.
2. Should reprogramming the TCM NOT resolve the concern, first verifying the vehicle’s service history and then recording and analyzing the data with Consult III plus (C-III plus) as the symptom occurs is required to accurately determine the root cause of the incident, if it should occur.
NOTE: This bulletin does not apply to a condition called “fuel economy drone”. If the customer describes their issue as a lugging or as a groan/drone at low speed this is a normal condition to maximize fuel economy. Some customers will describe the condition as similar to a manual transmission vehicle in high gear at low speed.
IMPORTANT: The purpose of "ACTION" (above) is to give you a quick idea of the work you will be performing. You MUST closely follow the entire Service Procedure as it contains information that is essential to successfully completing this repair. Nissan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are properly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job properly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO NOT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.
1/20 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 42 of 74 FLOW CHART A
A Judder, Bump or
Shock sensation is Altima V-6 (L33) confirmed (low speed) Pathfinder (R52)
Which vehicle? Vehicle built before No December 2012?
Yes
Yes Campaign Reprogram the TCM and NTB13-002 attempt duplication completed prior to 1,000 miles?
Record the data using CIII plus No Yes
Was the Issue Replace the CVT duplicated? Analyze CIII plus data
No
Is Judder “Pressure Pressure Vibration” or Procedure complete Vibration “Lock Up Shock”?
Replace the CVT Lock Up Shock
Replace the Torque Converter
2/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 43 of 74
SERVICE PROCEDURE
TCM Reprogramming
NOTE:
• Most instructions for reprogramming with CONSULT-III plus (C-III plus) are displayed on the CONSULT PC screen.
• If you are not familiar with the reprogramming procedure, click here. This will link you to the "CONSULT- III plus (C-III plus) Reprogramming" general procedure.
CAUTION:
• Connect a battery charger to the vehicle battery. If the vehicle battery voltage drops below 12.0V or rises above 15.5V during reprogramming, the TCM may be damaged.
• Be sure to turn OFF all vehicle electrical loads. If a vehicle electrical load remains ON, the TCM may be damaged.
• Be sure to connect the AC Adapter. If the CONSULT PC battery voltage drops during reprogramming, the process will be interrupted and the TCM may be damaged.
• Turn off all external Bluetooth® devices (e.g., cell phones, printers, etc.) within range of the CONSULT PC and the VI. If Bluetooth® signal waves are within range of the CONSULT PC during reprogramming, reprogramming may be interrupted and the TCM may be damaged.
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1. Connect the CONSULT PC to the vehicle to begin the reprogramming procedure.
2. Start CONSULT-III (C-III) plus.
3. Wait for the plus VI to be recognized.
• The serial number will display when the plus VI is recognized.
4. Select Re/programming, Configuration.
VI is recognized
Step 4
Figure 1
5. Follow the on-screen instructions and navigate the C-III plus to the screen shown in Figure 2 on the next page.
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6. When you get to the screen shown in Figure 2, confirm this bulletin applies as follows.
A. Find the TCM Part Number and write it on the repair order.
NOTE: This is the current TCM Part Number (P/N).
6A: Current TCM P/N TRANSMISSION
31036 -
Figure 2
B. Compare the P/N you wrote down to the numbers in the Current TCM Part Number column in Table A below.
• If there is a match, this reprogramming applies. Continue with the reprogramming procedure.
• If there is not a match, this reprogramming is not needed.
Table A Current TCM Part Number Before Reprogramming: Model Model Year 31036 - Altima Sedan 13-14MY 3NT0A, 3TA6A (L33) 3KA2A 3KD2A Pathfinder 13-14MY (R52) 3KA4A, 3KA4B 3KD4A, 3KD4B
5/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 46 of 74
7. Follow the on-screen instructions to navigate C-III plus and reprogram the TCM.
NOTE:
• In some cases, more than one new P/N for reprogramming is available.
¾ In this case, the screen in Figure 3 displays.
¾ Select and use the reprogramming option that does not have the message “Caution! Use ONLY with NTBXX-XXX”.
• If you get this screen and it is blank (no reprogramming listed), it means there is no reprogramming available for this vehicle. Close C-III plus and refer back to ASIST for further diagnosis.
IMPORTANT: If C-III plus locks up or freezes at this point or displays “cannot complete reprogramming, the CONSULT PC is set up with User Rights. Reprogramming can be completed with Administrator log in”, the TOUGHBOOK settings need to be changed so that Users have full access rights. See your Dealership’s IT System Administrator for details.
TRANSMISSION
Figure 3
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8. When the screen in Figure 4 displays, reprogramming is complete.
NOTE: If the screen in Figure 4 does not display (reprogramming does not complete), refer to the information on the next page.
9. Disconnect the battery charger from the vehicle.
10. Select Next.
Step 10
Figure 4
NOTE:
• In the next step (page 9), you will perform Erase All DTCs.
• DTC erase is required before C-III plus will provide the final reprogramming confirmation report.
7/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 48 of 74
TCM recovery:
Do not disconnect plus VI or shut down C-III plus if reprogramming does not complete.
If reprogramming does not complete and the “!?” icon displays as shown in Figure 5:
• Check battery voltage (12.0–15.5 V).
• Ignition is ON, engine OFF.
• External Bluetooth® devices are OFF.
• All electrical loads are OFF.
• Select retry and follow the on screen instructions.
• “Retry” may not go through on first attempt and can be selected more than once. Figure 5
If reprogramming does not complete and the “X” icon displays as shown in Figure 6:
• Check battery voltage (12.0 – 15.5 V).
• CONSULT A/C adapter is plugged in.
• Ignition is ON, engine OFF.
• Transmission is in Park.
• All C-III plus / VI cables are securely connected.
• All C-III plus updates are installed.
Figure 6 • Select Home, and restart the reprogram procedure from the beginning.
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11. Follow the on-screen instructions to Erase All DTCs.
12. When the entire reprogramming process is complete, the screen in Figure 7 will display.
13. Verify the before and after part numbers are different.
14. Print a copy of this screen (Figure 7) and attach it to the repair order for warranty documentation.
15. Select Confirm.
Step 31036 - _ _ _ _ _ 13 31036 - _ _ _ _ _
TRANSMISSION Step 14
Step 15
Figure 7
16. Close C-III plus.
17. Turn the ignition OFF.
18. Disconnect the plus VI from the vehicle.
19. Make sure the vehicle operates correctly and the MIL is OFF.
9/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 50 of 74
Recording and analyzing data during judder incident using C-III plus to confirm root cause
Configuring CIII plus
1. Open C-III plus, connect the VI and then select Diagnosis (One System).
2. Select TRANSMISSION and then DATA MONITOR (Figure 8).
3. Select Clear Monitor Item.
4. Select Setting button:
3. Select 4. Select Setting Clear Monitor Item
Figure 8
10/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 51 of 74
5. Under setting, select settings shown in Figure 9.
• Manual trigger.
And then:
• Recording Time: 10sec.
• Sampling Rate: 10msec.
• Trigger Point (Pre/post):
¾ Pre-Trigger 80% ¾ Post-Trigger 20%
Step 5
6. Select Confirm
Figure 9
6. Select Confirm to save the new Recording Conditions as the default.
11/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 52 of 74
7. Select these 5 monitored signals ONLY from Monitor Menu and then select START when ready.
• INPUT REV • SEC SPEED • ENG SPEED • SEC PRESSURE • PRI PRESSURE
IMPORTANT: For this Service Procedure, select only the signals in step 7.
Use arrow to roll to the next page for more monitored signals
Figure 10
12/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 53 of 74
8. Perform the customer’s described driving conditions to see if the judder incident can be duplicated.
• Once duplicated, immediately record the data with the C-III plus that was set up in steps 1-7 as the issue occurs.
Save and Review Recorded Data
9. After the C-III plus data has been recorded with DATA MONITOR, save the data file as “FlyingGraph(last 8 of VIN).txt file” (example: FlyingGraphEM123456.txt file) onto the Consult PC desktop as shown in Figure 11.
NOTE: The Flying Graph software is available on the desktop of your Consult PC. It can be used for the data review.
• Data files must be saved as “.txt file” type before it can be used with the Flying Graph application. Refer to Figure 11 below for example.
• For an illustration of the C-III plus desktop shortcut to the Flying Graph application see Figure 12 on the next page.
Select Save first and then name the file
Save the recorded data as a “.txt file” onto the Consult PC desktop so that it can be viewed with the Flying Graph application.
Figure 11
13/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 54 of 74
10. Open the .txt file saved to the Consult PC desktop in step 9 by dragging the text file on the desktop over the icon for the Flying Graph application (see Figure 12 below).
Drag this icon over the Flying Graph application icon to open the file
Figure 12
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11 The Flying Graph will initially display only four (4) data channels. To display the 5th recorded channel, right click to the left of the data channel not visible (see Figure 13) and click on “Add graph” to display the graph.
12. Review the INPUT REV, SEC SPEED, ENG SPEED, PRI PRESSURE and SEC PRESSURE signals for signs of a “Pressure Vibration”.
• Figures 13 and 14 show reference examples of with and without a Pressure Vibration.
Vibrations also present in one or more speed signals
Step 11. With mouse, right click here and select “Add graph”
These variations in PRI and SEC PRESSURE are a normal response to vehicle input.
Figure 13 Repetitive Pressure Vibration in PRI and/or SEC Pressure signals.
15/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 56 of 74
These variations in PRI and SEC PRESSURE are a normal response to vehicle input.
Figure 14
NOTE: Figure 14 shows INPUT REV, SEC SPEED, ENG SPEED, PRI PRESSURE and SEC PRESSURE from a vehicle that does not have a judder present.
13. During data review, if your data shows a Repetitive Pressure Vibration in either PRI PRESSURE or SEC PRESSURE, and also shows an irregular (non-smooth) line in one or more speed signals (ENG SPEED, INPUT REV, SEC SPEED) as indicated in Figure 13, replace the CVT to resolve (Figure 13 shows Repetitive Pressure Vibrations circled in red).
• Do not replace the torque converter assembly if the data review shows Repetitive Pressure Vibration as described above.
• If a judder is present and the recorded data review shows that the data lines are smooth with no oscillations as shown in Figure 14 above refer to Torque Converter Replacement on page 17.
NOTE: Refer to the appropriate section of the Electronic Service Manual (ESM) for the procedure to replace the CVT, as needed.
• If a judder is present, recorded data review does not indicate pressure vibration and the torque converter in the CVT is already “D” level or greater (see FLOW CHART B on page 17), refer to ASIST or the appropriate section of the ESM for further diagnostic assistance.
16/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 57 of 74 FLOW CHART B
Check the stamping on the outside of the torque converter
25B 25C 25D 25E
Replace the DO NOT Replace the Torque Converter Torque Converter
Serial Serial Number Number
Greater Greater than: Less than than: Less than 35210393 or equal to: 35210393 or equal to: 37190633 35210393
DO NOT DO NOT Replace the Replace the Replace the Replace the Torque Torque Torque Torque Converter Converter Converter Converter
17/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 58 of 74
Torque Converter Replacement
1. Replace the torque converter with the new one listed in the Parts Information:
• Refer to the TM section of the appropriate Service Manual for replacement information.
NOTE:
• Make sure the converter housing oil seal (front seal) is not damaged. If damaged, replace it.
• If the front seal is replaced, use special tool J-50817 (oil pump seal installer) to install and properly seat the seal.
• Make sure CVT fluid, as a lubricant, is applied to the front seal, torque converter snout, and input shaft o-ring seal before installation of the new torque converter.
18/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 59 of 74
PARTS INFORMATION
DESCRIPTION PART NUMBER QUANTITY Torque Converter (2) 31100 – 3WX0D 1 CVT ASSEMBLY (1) 1 NS-3 CVT Fluid 999MP-NS300P (3)
(1) Refer to the electronic parts catalog (FAST) for the correct CVT Assembly part number for the vehicle. (2) Due to limited supply, Part Number 31100-3WX0D will be on restriction for several weeks after the publication date of this bulletin. If 31100 – 3WX0D is needed during the restriction period, use the Parts Order Form attached to the last page of this bulletin. (3) As needed.
NS-3 CVT Fluid can be ordered from the Maintenance Advantage website that can be accessed through www.nnanet.com (NNANET.COM, Parts & Service, Maintenance Advantage-Tire/Wiper/Battery/Chemical).
CLAIMS INFORMATION
Submit a Primary Part (PP) type line claim using the following claims coding:
DESCRIPTION PFP OP CODE SYM DIA FRT Reprogram Transmission Control JE99AA (2) Module (1) ZE 32 Diagnose Judder ** JX25AA 1.0
OR
Submit a Primary Part (PP) type line claim using the following claims coding:
DESCRIPTION PFP OP CODE SYM DIA FRT
Reprogram Transmission Control JE99AA Module R&I Automatic CVT Transaxle Assy JD01AA (2) RPL Torque Converter Assy ** (1) JD043A BE 32 RPL Automatic CVT Transaxle JD023A Diagnose Judder ** JX25AA 1.0
(1) Refer to Parts Information above and use the Torque Converter Part Number (31100-XXXXX) as the PFP. (2) Reference the current Nissan Warranty Flat Rate Manual and use the indicated Flat Rate Time. ** Use these operation codes only if need for the diagnosis and actual repair performed.
19/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 60 of 74
PARTS ORDER FORM for 2013 ALTIMA V6 SEDAN AND PATHFINDER SHUDDER FROM TORQUE CONVERTER LOCK UP CLUTCH
INCOMPLETE ORDER FORMS WILL NOT BE PROCESSED
Dealer Code: Order Date:
Dealership Email Address:
VIN Number:
PDC: Sacramento PDC Orlando PDC Los Angeles PDC Chicago PDC Dallas PDC Greenville PDC Baltimore PDC Memphis – Olive Branch PDC New York PDC
Part Number Description Quantity 31100-3WX0D Torque Converter
Send the completed form to:
Email to [email protected]
NOTE: This bulletin and Service Procedure is not a campaign. For convenience, the above email address is being used to fulfill and expedite this part request.
20/20 NTB13-086 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 61 of 74
Reference: Date: NTB13-002 January 10, 2013
VOLUNTARY SERVICE CAMPAIGN 2013 PATHFINDER TCM REPROGRAM
CAMPAIGN ID #: PC197
APPLIED VEHICLES: 2013 Pathfinder (R52)
Check Service COMM to confirm campaign eligibility.
INTRODUCTION
Nissan is conducting this voluntary service campaign to reprogram the Transmission Control Unit (TCM) on certain specific 2013 Model Year Pathfinder vehicles. This TCM reprogram will prevent a CVT belt slip condition from occurring and will be performed at no charge for parts or labor.
IDENTIFICATION NUMBER
Nissan has assigned identification number PC197 to this campaign. This number must appear on all communications and documentation of any nature dealing with this campaign.
DEALER RESPONSIBILITY
Dealers are to repair vehicles falling within range of this campaign that enter the service department. This includes vehicles purchased from private parties, vehicles presented by transient (tourists) owners, and vehicles in a dealer’s inventory.
Nissan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are properly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job properly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO NOT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.
1/11 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 62 of 74
SERVICE PROCEDURE
• Most instructions for reprogramming with CONSULT-III plus (C-III plus) are displayed on the CONSULT PC screen.
• If you are not familiar with the reprogramming procedure, click here. This will link you to the "CONSULT- III plus (C-III plus) Reprogramming" general procedure.
Preparation for Reprogramming
CAUTION:
• Connect a battery charger to the vehicle battery. The vehicle battery voltage must stay between 12.0V and 15.5V during reprogramming, or the TCM may be damaged.
• Be sure to turn OFF all vehicle electrical loads. If a vehicle electrical load remains ON, the TCM may be damaged.
• Be sure to connect the AC Adapter. If the CONSULT PC battery voltage drops during reprogramming, the process will be interrupted and the TCM may be damaged.
• Turn off all external Bluetooth® devices (e.g., cell phones, printers, etc.) within range of the CONSULT PC and the VI. If Bluetooth® signal waves are within range of the CONSULT PC during reprogramming, reprogramming may be interrupted and the TCM may be damaged.
2/11 NTB13-002 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 63 of 74
1. Connect the CONSULT PC to the vehicle to begin the reprogramming procedure.
2. Open ASIST on the CONSULT PC and start C-III plus.
3. Wait for the plus VI to be recognized / connected.
• Serial number will display when the plus VI is recognized / connected.
4. Select Re/programming, Configuration.
Step 3: VI is recognized
Step 4
Figure 1
3/11 NTB13-002 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 64 of 74
5. Follow the C-III plus on-screen instructions and navigate to the screen shown in Figure 2 on the next page.
IMPORTANT:
During the initial “Reprogramming Confirmation” set-up, if you get this screen (Figure 1A):
1. Select Delete, then
2. Select Other Operation, then
3. Continue with the reprogramming procedure.
NOTE: If reprogramming does not complete, this screen can display for reprogramming recovery. Do not select Delete if this screen displays during reprogram recovery.
Figure 1A
4/11 NTB13-002 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 65 of 74
6. When you get to the screen shown in Figure 2, confirm this bulletin applies as follows:
A. Find the TCM Part Number and write it on the repair order.
NOTE: This is the current TCM Part Number (P/N).
Current TCM P/N
31036-XXXXX
xxxxxxxxxxxxxxxx
B. Compare the P/N you wrote down to the numbers in the Current TCM Part Number column in Table A below.
• If there is a match, this bulletin applies. Continue with the reprogramming procedure.
• If there is not a match, this bulletin does not apply, or it has already been done. Check Service COMM to confirm campaign eligibility.
Table A
Model Current TCM Part Number: 31036 - 3KD2A, 3KD4A 2013 Pathfinder 3KA2A, 3KA4A
5/11 NTB13-002 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 66 of 74
7. Follow the on-screen instructions to navigate C-III plus and reprogram the ECM.
NOTE:
• In some cases, more than one new P/N for reprogramming is available.
¾ In that case, the screen in Figure 3 displays.
¾ Select and use the reprogramming option that does not have the message “Caution! Use ONLY with NTBXX-XXX”.
• If you get this screen and it is blank (no reprogramming listed), it means there is no reprogramming available for this vehicle.
TRANSMISSION
Figure 3
6/11 NTB13-002 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 67 of 74
8. When the screen in Figure 4 displays, reprogramming is complete.
NOTE: If the screen in Figure 4 does not display (reprogramming does not complete), refer to the information on the next page.
9. Disconnect the battery charger from the vehicle.
10. Select Next.
Step 10
Figure 4
NOTE:
• In the next step (page 9), you will perform DTC erase.
• DTC erase is required before C-III plus will provide the final reprogramming confirmation report.
7/11 NTB13-002 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 68 of 74
ECM recovery:
Do not disconnect plus VI or shut down C-III plus if reprogramming does not complete.
If reprogramming does not complete and the “!?” icon displays as shown in Figure 5:
• Check battery voltage (12.0–15.5 V).
• Ignition is ON, engine OFF.
• External Bluetooth® devices are OFF.
• All electrical loads are OFF.
• Select retry and follow the on screen instructions.
• “Retry” may not go through on first attempt and can be selected more than once. Figure 5
If reprogramming does not complete and the “X” icon displays as shown in Figure 6:
• Check battery voltage (12.0 – 15.5 V).
• CONSULT A/C adapter is plugged in.
• Ignition is ON, engine OFF.
• Transmission is in Park.
• All C-III plus / VI cables are securely connected.
• All C-III plus updates are installed.
Figure 6 • Select Home, and restart the reprogram procedure from the beginning.
8/11 NTB13-002 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 69 of 74
11. Follow the on-screen instructions to Erase DTCs.
12. When the entire reprogramming process is complete, the screen in Figure 7 will display.
13. Verify the before and after part numbers are different.
14. Print a copy of this screen (Figure 7) and attach it to the repair order for warranty documentation.
15. Select Confirm.
Step 13
Step 14
Step 15
Figure 7
16. Close C-III plus.
17. Turn the ignition OFF.
18. Disconnect the plus VI from the vehicle.
9/11 NTB13-002 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 70 of 74
CLAIMS INFORMATION
Submit a Campaign (CM) line claim using the following claims coding:
CAMPAIGN (CM) I.D. # DESCRIPTION OP CODE FRT PC197 TCM Reprogram PC1970 0.6 hrs.
10/11 NTB13-002 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 71 of 74
OWNER’S LETTER
Dear Pathfinder Owner:
Nissan is committed to providing the highest levels of product quality and customer satisfaction. We believe that our current and future success depends on your continued satisfaction with Nissan. With that in mind, we want to bring to your attention important information regarding your 2013 Pathfinder.
REASON FOR SERVICE CAMPAIGN
Under certain unique driving conditions, the Continuously Variable Transmission (CVT) belt may slip in some affected 2013 Nissan Pathfinder vehicles. An indicator that the CVT belt has slipped is a shaking or a “judder” from the CVT when coasting. Continuing to drive the vehicle in this condition can lead to accelerated wear and damage to the CVT. Reprogramming of the Transmission Control Module (TCM) will prevent the CVT belt slip condition from occurring. This is not a safety issue, and the vehicle still meets and/or exceeds all applicable safety standards.
WHAT NISSAN WILL DO
To assure your continued satisfaction and confidence in your vehicle, and prevent possible future damage to the CVT, your Nissan dealer will reprogram the Transmission Control Module (TCM) at no charge to you for parts or labor. The service should take less than an hour to complete, but your Nissan dealer may require your vehicle for a longer period of time based upon their work schedule.
WHAT YOU SHOULD DO
Nissan encourages you to contact your Nissan dealer at your earliest convenience in order to arrange an appointment. Failure to have this reprogramming performed in a timely manner could result in future damage to your vehicle’s transmission. If repair or replacement of the transmission becomes necessary outside of the powertrain warranty period, the resulting repair costs will be at the owner’s expense. This service campaign does not extend the duration of your new vehicle limited powertrain warranty.
To ensure the least inconvenience for you, it is important that you have an appointment before bringing your vehicle to the Nissan dealer for service. Please bring this notice with you when you keep your service appointment. Instructions have been sent to your Nissan dealer.
If the dealer fails, or is unable to complete the service free of charge, you may contact the National Consumer Affairs Department, Nissan North America, Inc., P.O. Box 685003, Franklin, TN 37068-5003. The toll free number is 1-800-NISSAN1 (1-800-647-7261). Thank you for providing us an opportunity to ensure on-going satisfaction with your Nissan vehicle.
11/11 NTB13-002 Case 4:17-cv-04871-HSG SB-10044570-8764 Document 1-4 Filed 08/22/17 Page 72 of 74
Classification: Reference: Date: AT12-005 NTB12-057 July 6, 2012
ALTIMA/SENTRA/ROGUE; CVT FAIL-SAFE CONDITION SERVICE INFORMATION
APPLIED VEHICLES: 2007-2011 Altima (L32) 2008-2011 Altima Coupe (CL32) 2007-2011 Sentra (B16) 2008-2011 Rogue (S35)
APPLIED TRANSMISSION: Vehicles equipped with CVT ONLY
NOTE: This bulletin does not apply to Altima Hybrid.
SERVICE INFORMATION
A Continuously Variable Transmission (CVT) is designed to go into fluid temperature protection logic mode (“fail-safe mode”) if the CVT fluid temperature rises above a certain threshold. When the CVT goes into fail-safe mode, engine performance is reduced. Customers may report this condition as “low power” or “reduced engine performance”.
While the CVT is designed to go into fail safe mode if the fluid temperature rises above the threshold, the following conditions may cause the CVT to go into fail-safe mode prematurely during normal vehicle operation:
1. Overfilled CVT fluid level.
2. Incorrect type of transmission fluid – Use Genuine Nissan NS-2 CVT fluid.
3. Incorrect coolant/water mix.
See this bulletin (starting on page 2) for more detail on each of the above conditions.
Nissan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are properly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job properly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO NOT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.
1/3 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 73 of 74
1. Fluid level check/adjust procedure
a. Park the vehicle on a level surface.
b. Apply the parking brake firmly.
c. Move the A/T shift lever to “P” (Park) position.
d. With the engine idling, depress brake pedal, move the shift selector throughout the entire shift range, and then back to “P”.
e. Using CONSULT III plus, verify CVT fluid temperature is 70 - 80°C, and CVTF (CVT Fluid) count is 158 -161.
NOTE: If CVT fluid temperature is below 70°C, drive the vehicle for 5 - 10 minutes until the required temperature is reached.
IMPORTANT: CVTF count must be 158 to 161.
f. Adjust the CVT fluid level between the marks shown in Figure 1.
NOTE: Refer to NTB09-044 to verify the vehicle you are working on has the correct CVT oil level gauge by part number. If not, install the correct fluid level gauge before performing the fluid level check/adjust procedure.
Adjust fluid level in this range
Figure 1
2/3 NTB12-057 Case 4:17-cv-04871-HSG Document 1-4 Filed 08/22/17 Page 74 of 74
2. Incorrect CVT fluid type
NOTE: Any damage caused by the use of any fluid other than as specified in the vehicle owner’s manual is excluded from coverage under the New Vehicle Limited Warranty.
a. To check fluid type, draw a sample by using a syringe or suitable tool through the oil level gauge charge pipe, or drain from the oil pan (see Figure 2).
OK: The fluid sample is green in color. It may have a greenish/brown tint.
NG: The fluid sample is red in color, or any color other than a greenish/brown tint.
b. If incorrect fluid is found:
• Perform the following two times: Drain, refill with genuine NS-2 CVT fluid only, and then let the engine idle in Drive (with the vehicle lifted off the ground).
Figure 2
3. Incorrect ethylene glycol-to-water mixture in the engine’s cooling system
The vehicle’s cooling system capacity is reduced when the concentration (percentage) of ethylene glycol is greater than 60%.
To check ethylene glycol concentration, use a refractometer.
• For details on refractometer use, refer to bulletin NTB02-047.
Nissan recommends a 50/50 mix of ethylene gycol and water for optimum performance. A percentage greater than 60% ethylene gycol will reduce CVT fluid cooling capacity.
3/3 NTB12-057 JS-CAND 44 (Rev. 06/17) Case 4:17-cv-04871-HSG Document 1-5 Filed 08/22/17 Page 1 of 1 CIVIL COVER SHEET The JS-CAND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS Michelle Falk, Indhu Jayavelu, Patricia L. DEFENDANTS Cruz, Danielle Trotter, and Amanda Macri Nissan North America, Inc.
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) Santa Clara, CA (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Shimon Yiftach (SBN 277387), Bronstein Gewirtz & Grossman, 1925 Century Park East, Suite 1990, Los Angeles, CA 90067 (424) 322-0322
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF 1 U.S. Government Plaintiff 3 Federal Question Citizen of This State 1 1 Incorporated or Principal Place 4 4 (U.S. Government Not a Party) of Business In This State Citizen of Another State 2 2 Incorporated and Principal Place 5 5 2 U.S. Government Defendant 4 Diversity (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure of 422 Appeal 28 USC § 158 375 False Claims Act Property 21 USC § 881 120 Marine 310 Airplane 365 Personal Injury – Product 423 Withdrawal 28 USC 376 Qui Tam (31 USC 690 Other § 157 § 3729(a)) 130 Miller Act 315 Airplane Product Liability Liability 400 State Reapportionment 140 Negotiable Instrument 320 Assault, Libel & Slander 367 Health Care/ LABOR PROPERTY RIGHTS Pharmaceutical Personal 410 Antitrust 150 Recovery of 330 Federal Employers’ 710 Fair Labor Standards Act 820 Copyrights Overpayment Of Injury Product Liability 430 Banks and Banking Liability 720 Labor/Management 830 Patent Veteran’s Benefits 368 Asbestos Personal Injury 450 Commerce 340 Marine Relations 835 Patent─Abbreviated New 151 Medicare Act Product Liability 345 Marine Product Liability 740 Railway Labor Act Drug Application 460 Deportation 152 Recovery of Defaulted PERSONAL PROPERTY 350 Motor Vehicle 751 Family and Medical 840 Trademark 470 Racketeer Influenced & Student Loans (Excludes 370 Other Fraud Leave Act Corrupt Organizations Veterans) 355 Motor Vehicle Product SOCIAL SECURITY Liability 371 Truth in Lending 790 Other Labor Litigation 480 Consumer Credit 153 Recovery of 380 Other Personal Property 861 HIA (1395ff) 490 Cable/Sat TV Overpayment 360 Other Personal Injury 791 Employee Retirement Damage Income Security Act 862 Black Lung (923) 850 Securities/Commodities/ of Veteran’s Benefits 362 Personal Injury -Medical Malpractice 385 Property Damage Product 863 DIWC/DIWW (405(g)) Exchange 160 Stockholders’ Suits IMMIGRATION Liability 864 SSID Title XVI 890 Other Statutory Actions 190 Other Contract 462 Naturalization CIVIL RIGHTS PRISONER PETITIONS 865 RSI (405(g)) 891 Agricultural Acts 195 Contract Product Liability Application 440 Other Civil Rights HABEAS CORPUS 893 Environmental Matters 196 Franchise 465 Other Immigration FEDERAL TAX SUITS 895 Freedom of Information 441 Voting 463 Alien Detainee Actions 870 Taxes (U.S. Plaintiff or REAL PROPERTY Act 442 Employment 510 Motions to Vacate Defendant) 896 Arbitration 210 Land Condemnation 443 Housing/ Sentence 871 IRS–Third Party 26 USC 220 Foreclosure Accommodations 530 General § 7609 899 Administrative Procedure Act/Review or Appeal of 230 Rent Lease & Ejectment 445 Amer. w/Disabilities– 535 Death Penalty Employment Agency Decision 240 Torts to Land OTHER 446 Amer. w/Disabilities–Other 950 Constitutionality of State 245 Tort Product Liability 540 Mandamus & Other Statutes 448 Education 290 All Other Real Property 550 Civil Rights 555 Prison Condition 560 Civil Detainee– Conditions of Confinement
V. ORIGIN (Place an “X” in One Box Only) 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict Proceeding State Court Appellate Court Reopened Another District (specify) Litigation–Transfer Litigation–Direct File
VI. CAUSE OF Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
ACTION Magnuson-Moss, 15 U.S.C. §§ 2301, et seq., CAFA diversity 28 U.S.C. § 1332(d)(2)(A) Brief description of cause: Car class action under state warranty and consumer protection laws and Magnuson-Moss.
✔ CHECK IF THIS IS A CLASS ACTION DEMAND $ over $5 mil. CHECK YES only if demanded in complaint: VII. REQUESTED IN COMPLAINT: UNDER RULE 23, Fed. R. Civ. P. JURY DEMAND: Yes No
VIII. RELATED CASE(S), JUDGE Susan D. Wigenton DOCKET NUMBER 17-cv-3353 (D.N.J.) IF ANY (See instructions):
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2) (Place an “X” in One Box Only) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE
08-22-17 /s/ Shimon Yiftach DATE SIGNATURE OF ATTORNEY OF RECORD ClassAction.org
This complaint is part of ClassAction.org's searchable class action lawsuit database and can be found in this post: Nissan Facing Another Class Action Over Sentra CVTs