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6th Generation Maxima (2004-2008) Discussion of the 6th generation Maxima. Come see what others are saying.

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Old 10-13-2010, 08:22 PM   #1
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Transmission class action lawsuit

UPDATE 11/1: Law firm contacted Chern, contact mentioned it looks promising and will consult a transmission expert this week. KEEP TUNED!

OK, not a reality now, but just a thought. 6th Genners, think how much money you have spent, devoted time and unnecessary stress created to this issue.

Nissan should be paying us for finding the reason for the badly designed transmissions and then some... or am I wrong?

UPDATE 10/18: Chern made contact with Law firm, they think we have a case!
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Old 10-13-2010, 08:50 PM   #2
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do you know anything about class action suits? A warranty is present. Manufacturer performs warranty work within the time frame. Afterward, how do you prove them guilty of something? What danger is present?

I appreciate your effort but class action?
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Old 10-13-2010, 08:56 PM   #3
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If anything, I wish I could sue them for emotional distress for all my car problems. lol
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Old 10-13-2010, 09:03 PM   #4
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Originally Posted by NismoMax80 View Post
do you know anything about class action suits? A warranty is present. Manufacturer performs warranty work within the time frame. Afterward, how do you prove them guilty of something? What danger is present?

I appreciate your effort but class action?
I don't know much obviously, but as I mentioned just a thought.

How many previous generations of Maxima's have you read about here in the forums with not even half the issues on their transmissions or no issues at all?

And to go to the heart of it, Nissan doesn't recommend any maintenance on the transmission, not even fluid changes on the 3.5 SE (I don't know about the SL), I believe they call our transmission a sealed unit. But then look at all the issues we have. Maybe that would count for something.
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Old 10-13-2010, 09:34 PM   #5
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Sign me up, 4k+ rebuid BEFORE my turbo was installed. Still under 55K miles on my car now!
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Old 10-13-2010, 10:25 PM   #6
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Sign me up, 4k+ rebuid BEFORE my turbo was installed. Still under 55K miles on my car now!
haha that's funny, aren't you a lawyer?

count me in too, at least 2500-3000 for me.
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Old 10-13-2010, 10:42 PM   #7
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I only wish , 2 auto trannys later.. and a 6spd swap...maybe they can reinburse me for my swap parts ..
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Old 10-13-2010, 10:58 PM   #8
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haha that's funny, aren't you a lawyer?
LOL, no Taxpayer!!!
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Old 10-14-2010, 08:21 AM   #9
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And to go to the heart of it, Nissan doesn't recommend any maintenance on the transmission, not even fluid changes on the 3.5 SE (I don't know about the SL), I believe they call our transmission a sealed unit. But then look at all the issues we have. Maybe that would count for something.
actually per the maintenance manual it is recommended every 30k drain and fill for premium service. 60k for standard service. They have said they couldn't flush it at first... but some say they have been able to recently.

I wish I new of a solid way to hold Nissan and others for inferior parts. How/why did the CVT tranny get an extended warranty? How do others accomplish it?
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Old 10-14-2010, 10:17 AM   #10
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I wish I new of a solid way to hold Nissan and others for inferior parts. How/why did the CVT tranny get an extended warranty? How do others accomplish it?
I think I actually pee'd myself the day I got the letter about the warrantee being extended. I really feel for you guys, but it's a great feeling knowing at least one burden is gone for the entire time I own this car. Only have shy of 38,000 on it, and the 10 years is up Jan of 2017...I'm set.
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Old 10-14-2010, 02:11 PM   #11
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Quote:
Originally Posted by NismoMax80 View Post
do you know anything about class action suits? A warranty is present. Manufacturer performs warranty work within the time frame. Afterward, how do you prove them guilty of something? What danger is present?

I appreciate your effort but class action?
Actually, it isnt guilt that is sought after in a civil law suit but its liability that a plaintiff seeks and then damages is determined in the damages phase of a trial. If the mfr performs warranty work, then that is good. The problem that these people are having is that the tranny apparently fails just after the warranty expires but not a reasonable time after, say 10 years or more. These trannys are failing significantly under 100K miles I believe and thus liability has to be examined for this failure. The likely cause of action would be negligent manufacturing of a product which has a design defect which fails at an unreasonable time but after the warranty period. If there is enough people that have had early failures of the tranny, there may very well be a basis for bringing a class action lawsuit against Nissan. Keep in mind that the amount of compensation in class action suits is frequently made on a pro rata basis whereby the proportionate amount of actual use is deducted from the award. Hope this clears it up
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Old 10-14-2010, 08:23 PM   #12
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wanna head it up? lol
what i was getting to is that from my knowledge on the suits, those that sign up for the suit will see partial awards. Say $500 if lucky. I've received minuscule amounts from suits I qualified for unknowingly... $50 since I worked for Sam's Club and Wal-Mart lost for forcing employees to work on breaks. $10 from a refinance loan scam that took $100's from me.

More importantly, how does Nissan decide or are legally forced to extend warranties plus actually fix the issue?
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Old 10-14-2010, 08:42 PM   #13
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Deus, you're a lawyer, you certainly sound like one! If you are, do you know any firms that could take this?
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Old 10-14-2010, 08:57 PM   #14
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wanna head it up? lol
what i was getting to is that from my knowledge on the suits, those that sign up for the suit will see partial awards. Say $500 if lucky. I've received minuscule amounts from suits I qualified for unknowingly... $50 since I worked for Sam's Club and Wal-Mart lost for forcing employees to work on breaks. $10 from a refinance loan scam that took $100's from me.

More importantly, how does Nissan decide or are legally forced to extend warranties plus actually fix the issue?
Nismo I agree with you, I honestly don't think we could see more than $1,000, obviously much less as you mentioned.

Bottom line, we are paying for something that the manufacturer decided to design poorly. I'm sure from the beginning Nissan knew the design would be defective, but did not care, more money for their Parts Division and the dealerships at the owners expense. Other companies like Transgo actually found a way to fix this issue, yet the 'new' transmissions that Nissan sells are still sold with the defect in them. That's just plain wrong, more money in their pockets, again at the owners expense.

As an example, at least Apple accepted their design fault (yes, it was a design that one engineer called before it was even manufactured) with the iphone 4 antenna and provided 'a solution' with the rubber bumpers, I believe they were called. The manufacturer resolved the issue at their expense and I believe are working or already fixed the issue with new phones coming out of the factory.

Any lawyers, firms, anyone?
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Old 10-14-2010, 10:49 PM   #15
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Call any big law firm and it will be like chum in the water in a sharks tank!

Won't be any shortage of people to sign on once word gets out on all the Orgs!
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Old 10-15-2010, 03:45 PM   #16
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Wow, found this without too much effort, interesting lawsuit handled by the legal firm of Kershaw, Cutter and Ratinoff, LLC of California:

http://www.autoblog.com/2010/10/12/c...afe-causes-un/

It seems BMW extended their warranty for the specific parts on the lawsuit (unless I understood it wrong), but the lawsuit is apparently still on.
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Old 10-15-2010, 04:43 PM   #17
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This could apply to the failed pre cats too can't it?
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Old 10-15-2010, 06:56 PM   #18
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I contacted:

http://www.caddellchapman.com/Consum...Products.shtml

And gave the lawfirm a description of our 04-06 transmission problems, I'll wait to hear back and get the word out to other members from the Orgs/Boards/Groups/clubs who I know have similiar issues.
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Old 10-17-2010, 08:39 AM   #19
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This could apply to the failed pre cats too can't it?
it could even apply to failing secondary timing chain tensioners on the VQ.
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Old 10-17-2010, 12:06 PM   #20
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I contacted:

http://www.caddellchapman.com/Consum...Products.shtml

And gave the lawfirm a description of our 04-06 transmission problems, I'll wait to hear back and get the word out to other members from the Orgs/Boards/Groups/clubs who I know have similiar issues.
Always fast! I like your style.
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Old 10-17-2010, 12:07 PM   #21
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it could even apply to failing secondary timing chain tensioners on the VQ.
Perhaps we could include it along with this request, right Chern?
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Old 10-17-2010, 12:17 PM   #22
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@edjose17: You're right. Unfortunately, I've had problems with all three in the 2 and a half years that I've had this car.
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Old 10-17-2010, 04:49 PM   #23
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This could apply to the failed pre cats too can't it?
Hey athlon, what's the issue with the pre cats? Where have I been did I miss this issue?
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Old 10-17-2010, 05:48 PM   #24
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Hey athlon, what's the issue with the pre cats? Where have I been did I miss this issue?
The precats fail overtime and are only covered till about 80800 miles. When they fail, the material inside the converter turns to a fine sand and can get sucked back into the engine, causing damage to the cylinder heads along with excess oil constion. Eventually, the engine has to be replaced. Mine CEL for failed precats started at about 88000 miles. A dealership estimate to change one precat is $1500 alone
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Old 10-18-2010, 05:19 PM   #25
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I just heard back from the law firm and they think we have a case, they asked for additional information which I provided tonight, when I hear back, I'll let everyone know what we need to do next!
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Old 10-18-2010, 05:29 PM   #26
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I just heard back from the law firm and they think we have a case, they asked for additional information which I provided tonight, when I hear back, I'll let everyone know what we need to do next!
Chern F'n rocks.
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Old 10-18-2010, 05:47 PM   #27
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Old 10-18-2010, 06:07 PM   #28
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Old 10-18-2010, 06:48 PM   #29
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I just heard back from the law firm and they think we have a case, they asked for additional information which I provided tonight, when I hear back, I'll let everyone know what we need to do next!
This is just terrific, fantastic news. I am sure this will cover previous owners.

TO PREVIOUS OWNERS and current owners:

If you have the paperwork and receipts for your repairs, save them, these may prove invaluable in court. If you don't have these any longer, go to the shop that fixed your transmission and ask for anything they may have in the computer or files. This will help prove the huge design issue with this transmission, for the lawyers the more paperwork, the better.

Chern:

Anyway to get in touch with Transgo? Or do the lawyers have to do that? Transgo obviously found the fault and the fix for this transmission. I hope they can share this information.
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Old 10-18-2010, 06:56 PM   #30
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Also, CURRENT OWNERS, your transmission may be in good condition now, but has the same design flaw from the factory. Keep reading this thread, we have to find out if the lawsuit covers you, but I have a strong feeling it does.

Let's hope for the best, it's time to get Nissan to accept their fault.
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Old 10-18-2010, 09:44 PM   #31
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I just heard back from the law firm and they think we have a case, they asked for additional information which I provided tonight, when I hear back, I'll let everyone know what we need to do next!
Additional information that may help:

http://www.sonnax.com/tech-articles/TASC-TIP-01-09.pdf
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Old 10-19-2010, 04:46 PM   #32
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Do you guys know anything about "class action" lawsuits? The only person who wins in a class action lawsuit is the attorney.
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Old 10-19-2010, 06:25 PM   #33
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Do you guys know anything about "class action" lawsuits? The only person who wins in a class action lawsuit is the attorney.
Many have lead to a fix too! I'd rather be screwed trying to do something about it than sitting around biatching about it. Time to shake the Nissan tree and see what falls out!
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Old 10-19-2010, 06:42 PM   #34
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Hey guys, i'm really glad that someone has got the ball rolling on this. Im still having tranny problems right now so when i eventually get a rebuild done i will have to keep my reciept. Even if it takes a while this would benefit all of us 6th gen guys who are going through this crap with this ***tty tranny. I wouldn't care about getting money, it would just be great id nissan would admitt they sold a product of low quality and issue a recall. Good luck with everything chernmax and i will keep checking this thread to see if i can be of some help.
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Old 10-20-2010, 05:59 AM   #35
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Many have lead to a fix too! I'd rather be screwed trying to do something about it than sitting around biatching about it. Time to shake the Nissan tree and see what falls out!
It's all good if the reason is simply to get Nissan to fix the transmission. If anybody is hoping for a nice payout, you'll be really disappointed.
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Old 10-20-2010, 06:22 AM   #36
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It's all good if the reason is simply to get Nissan to fix the transmission. If anybody is hoping for a nice payout, you'll be really disappointed.
Forcing the fix is the goal for members, it isn't about the money seeming how doing nothing gets you nothing. Plus my car is Turbo'ed so I can't even file a claim myself since I voided my warrenty when I did it! Anyway moving forward...
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Old 10-20-2010, 07:08 AM   #37
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Hmm, I've had my 06 Maxima SE, now have 50k on it, not a single problem. I had hard shifts a while back, but it just needed new Trans fluid.
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Old 10-21-2010, 07:44 PM   #38
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Chern, any updates regarding the law firm?

We are all here patiently waiting... OK, maybe not so patiently
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Old 10-21-2010, 08:28 PM   #39
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Chern, any updates regarding the law firm?

We are all here patiently waiting... OK, maybe not so patiently
Not yet!
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Old 10-21-2010, 10:33 PM   #40
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transmission problems

Hey guys I'm new here but I've been having the same transmission problems with my 04 maxima and even had the transmission rebuilt once before already but just found out that Nissan has extended their warranty on our cvt transmission here I got this from their web sit nissanassist.com to be exact
Nissan has extended the Nissan New Vehicle Limited Warranty for the Continuously Variable Transmission (CVT) to 10 years/120,000 miles (whichever occurs first) for CVT transmission repairs, replacement, and related towing on all 2003-2010 model year Nissan vehicles equipped with the CVT. The remainder of the powertrain warranty coverage for components other than the CVT transmission remains unchanged. All other warranty terms, limitations and conditions otherwise apply.
Please note that this is not a safety recall, and there are no safety issues relating to your Continuously Variable Transmission.
Hope it helps
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Old 10-21-2010, 10:33 PM
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