Nissan NA "loses" class action re launch control
#1
Nissan NA "loses" class action re launch control
From godzila2009 @ http://www.nagtroc.org/forums/index....&st=0&start=0#
Yesterday Sept 18 at the 9 District Federal Court in LA Nissan finally settled the GTR TRANSMISSION claim issues regarding the LC1 and the denying of warranty like happeded to my and to many other GTR owners. First of all, I would like to thank Mr Harris who was the one that have all this started, and Mitch Kalcheim the attorney that believed in our claims and put his time and money in the line to get this case going foward until this end point.
For all the GTR owners that believed in our claims and gave us support, we thank them,for those GTR owners that believed that we were looking for money and said that our claims were ridiculous, once they receive all the benefits that arised from this settlement they may change their minds about it.
This is the end result:
1-All GTR owners that have LC1 used before and were afraid that the tranny did not have any warranty because of turning VDC off and doing a LC1 will have their warranties re-setted for 5yr or 60k miles if they upgrade to LC2. All LC1 will be forgotten and the tranny will be fully covered by NISSAN. After LC2 being installed, all LC2 with VDC on will be fully covered by NISSAN. If you turn VDC off today , do your thing ( drag/road course/etc) and the tranny goes bad at that moment, the warranty will not hold, BUT if the problem arise some time later after turning VDC off back on and driving the car without any issues and then BAMMM.......the tranny will be covered 100%. If not NISSAN WILL HAVE TO PROOF that turning VDC OFF a week or a month prior the damage was the cause of failure. THEY WILL NEED TO PROOF IT , not like before that they just saw the BB data and said it was not covered.
2- ALL 2009 GTR owners will get a $75 coupon for any kind of service at any GTR approved Nissan dealership as part of a class compensation for the time taken to update LC2.
All this will be happening in the next 2-3 months when GTR owners will be receiving notification from NISSAN.
After all this long and hard process, I believe we accomplished what we wanted, which it was to make NISSAN understand that LC1 was too hard on the car and all warranty claims resulting from this problem should had been covered in the first place.
Thank you for reading this.
Yesterday Sept 18 at the 9 District Federal Court in LA Nissan finally settled the GTR TRANSMISSION claim issues regarding the LC1 and the denying of warranty like happeded to my and to many other GTR owners. First of all, I would like to thank Mr Harris who was the one that have all this started, and Mitch Kalcheim the attorney that believed in our claims and put his time and money in the line to get this case going foward until this end point.
For all the GTR owners that believed in our claims and gave us support, we thank them,for those GTR owners that believed that we were looking for money and said that our claims were ridiculous, once they receive all the benefits that arised from this settlement they may change their minds about it.
This is the end result:
1-All GTR owners that have LC1 used before and were afraid that the tranny did not have any warranty because of turning VDC off and doing a LC1 will have their warranties re-setted for 5yr or 60k miles if they upgrade to LC2. All LC1 will be forgotten and the tranny will be fully covered by NISSAN. After LC2 being installed, all LC2 with VDC on will be fully covered by NISSAN. If you turn VDC off today , do your thing ( drag/road course/etc) and the tranny goes bad at that moment, the warranty will not hold, BUT if the problem arise some time later after turning VDC off back on and driving the car without any issues and then BAMMM.......the tranny will be covered 100%. If not NISSAN WILL HAVE TO PROOF that turning VDC OFF a week or a month prior the damage was the cause of failure. THEY WILL NEED TO PROOF IT , not like before that they just saw the BB data and said it was not covered.
2- ALL 2009 GTR owners will get a $75 coupon for any kind of service at any GTR approved Nissan dealership as part of a class compensation for the time taken to update LC2.
All this will be happening in the next 2-3 months when GTR owners will be receiving notification from NISSAN.
After all this long and hard process, I believe we accomplished what we wanted, which it was to make NISSAN understand that LC1 was too hard on the car and all warranty claims resulting from this problem should had been covered in the first place.
Thank you for reading this.
#2
"Loses" is all about perspective.
First - it was settled.
Second - It is entirely possible that Nissan "won" by saving face with the non-owner community (along with a percentage of current owners).
Third - This solidifies Nissan's new position with the reprogrammed TCM.
Either way, is there a downside?
First - it was settled.
Second - It is entirely possible that Nissan "won" by saving face with the non-owner community (along with a percentage of current owners).
Third - This solidifies Nissan's new position with the reprogrammed TCM.
Either way, is there a downside?
#3
""Second - It is entirely possible that Nissan "won" by saving face with the non-owner community (along with a percentage of current owners).""
It's not that Nissan/GT-r had a problem, all auto manufacturers do, it is how you resolve the problem. Nissan was forced to the table by a lawsuit and just because they rolled over doesn't make a pig into a rose.
Peter
It's not that Nissan/GT-r had a problem, all auto manufacturers do, it is how you resolve the problem. Nissan was forced to the table by a lawsuit and just because they rolled over doesn't make a pig into a rose.
Peter
Last edited by XPGT2; 09-28-2009 at 02:55 PM. Reason: Add Quote
#5
#7
Trending Topics
#8
so if the transmission breaks while VDC is off, then your warranty is still denied.. how is this any different than before? I'm sure 99% of the time the transmission broke BECAUSE people were using launch control with the VDC off..
#9
LC2 - R-R-R or R-R-normal: safe to use everytime you stop at a traffic light (although not recommended).
LC2 - R-R-OFF: if your stuff breaks WHILE PERFORMING this action (and Nissan MUST prove it), you're not covered. It's no longer as simple as looking up the number of launches to deny claim on damaged components.
Thread
Thread Starter
Forum
Replies
Last Post