Falk et al. v. Nissan North America, Inc. - 4:17-cv-04871-HSG

CLASS ACTION COMPLAINT - 1

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Shimon Yiftach (SBN 277387) Bronstein Gewirtz & Grossman 1925 Century Park East, Suite 1990 Los Angeles, CA 90067 T: (424) 322-0322 F: (212) 697-7296 [email protected] Attorneys for Plaintiffs [Additional counsel appear on signature page]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MICHELLE FALK, INDHU JAYAVELU, PATRICIA L. CRUZ, DANIELLE TROTTER, AND AMANDA MACRI, individually and on behalf of all others similarly situated,

Plaintiffs,

v.

NISSAN NORTH AMERICA, INC.,

Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No.: CLASS ACTION COMPLAINT FOR: (1) Breach of Express Warranty; (2) Breach of Implied Warranty of

Merchantability; (3) Violations of Magnuson-Moss Warranty Act; (4) Breach of Implied Warranty Pursuant to Song-

Beverly Consumer Warranty Act; (5) Violations of California’s Consumer Legal

Remedies Act; (6) Violations of California’s Unfair Competition

Law; (7) Violations of Ohio’s Consumer Sales

Practices Act (8) Violations of New York’s Deceptive Acts and

Practices Unlawful; (9) Violations of Colorado’s Consumer Protection

Act; (10) Violations of Illinois’ Uniform Deceptive

Trade Practices Act; (11) Violations of Illinois’ Consumer Fraud and

Deceptive Business Practices Act; (12) Equitable Injunctive and Declaratory Relief; (13) Relief Pursuant to the Declaratory Judgment

Act; and (14) Unjust Enrichment.

DEMAND FOR JURY TRIAL

Case 4:17-cv-04871-HSG Document 1 Filed 08/22/17 of 52


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CLASS ACTION COMPLAINT

Plaintiffs Michelle Falk, Indhu Jayavelu, Patricia L. Cruz, Danielle Trotter, and Amanda Macri,

individually and on behalf of all others similarly situated, and by and through the undersigned counsel,

hereby set forth their claims against Defendant Nissan North America, Inc. in this Consumer Class

Action Complaint.

NATURE OF THE CASE

1. Plaintiffs bring claims under the consumer protection laws of California, Ohio, New

York, Colorado, and Illinois, the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301, et seq., and state

warranty law against Defendant Nissan North America, Inc. (“Nissan”).

2. This action arises from the sale or lease of more than five hundred thousand vehicles

throughout the United States manufactured by Defendant Nissan that are equipped with defective

transmissions. These defective transmissions were installed in all Seventh generation (i.e., model year

2013 – present) Nissan Sentra automobiles equipped with a continuously variable transmission

(“CVT”) (the “class vehicles”) sold or leased to consumers, including Plaintiffs.

3. Every class vehicle is backed by a New Vehicle Limited Warranty (“Warranty”).

Nissan’s Warranty covers any repairs needed to correct defects in materials or workmanship of

covered parts. The basic coverage period lasts 36 months or 36,000 miles, whichever comes first, and

the powertrain coverage lasts 60 months or 60,000 miles, whichever comes first. The powertrain

coverage specifically applies to the engine, transmission and transaxle, drivetrain, and restraint system.

Defendant Nissan explicitly extended the Warranty to all purchasers, lessees, and subsequent

purchasers and lessees of class vehicles throughout the United States. The Warranty assured

consumers that Nissan would repair any defect in materials or workmanship under normal use.

4. An implied warranty of merchantability also accompanies the sale of each vehicle and

it assures consumers that the vehicles were properly equipped for the use for which they were

intended.

5. At the time each class vehicle was sold or leased, Nissan breached its express and

implied warranties because each class vehicle was equipped with a dangerous, defective transmission.

6. The transmissions in all of the class vehicles are defective in design, materials, and/or



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workmanship. The transmissions cause sudden, unexpected shaking and violent jerking (commonly

referred to as “juddering” or “shuddering”) when drivers attempt to accelerate class vehicles. The

transmissions also hesitate before responding to a drivers’ input on the accelerator pedal, which

prevents class vehicles from accelerating as intended by the driver, especially from a complete stop.

The transmissions also create a hard deceleration or clunk when drivers either slow down or accelerate

at low speeds. Owners of class vehicles have reported complete transmission failure in the middle of

roadways. This transmission defect creates unreasonably dangerous situations while driving and

increases the risk of a crash.

7. The shuddering, juddering, hesitation, and hard clunk in the transmissions of class

vehicles are all caused by a transmission defect.

8. Plaintiffs Michelle Falk, Indhu Jayavelu, Patricia L. Cruz, Danielle Trotter, and

Amanda Macri each requested that Nissan fix the defective transmission of their class vehicles, but

Nissan could not or would not repair them.

9. Nissan sold, leased, and continues to sell and lease the class vehicles despite knowing

of the transmission defect and the danger it poses to consumers and other drivers.

10. Nissan has chosen financial gain at the expense of consumer safety by failing to

disclose its knowledge of this critical safety defect to consumers.

11. Nissan knew or should have known about the safety hazard posed by the defective

transmissions before the sale of the class vehicles from pre-market testing, warranty claims, consumer

complaints to the National Highway Traffic Safety Administration (“NHTSA”), consumer complaints

made directly to Nissan and its dealers, and other sources which drove Nissan to issue Technical

Service Bulletins acknowledging the class vehicles’ transmissions defect. Nissan should not have sold,

leased, or marketed the class vehicles without a full and complete disclosure of the class vehicles’

transmission defect, and should have voluntarily recalled the class vehicles long ago.

12. Plaintiffs bring this action on behalf of themselves and all others similarly situated

(“Class,” “Class Members,” “Subclass Members,” “Consumers,” “Owners”) for Nissan’s breach of

express and implied warranties under state laws and the Magnuson-Moss Warranty Act, Nissan’s

deceptive trade practices in violation of the consumer protection laws of California, Ohio, New York,



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Colorado, and Illinois, and declaratory and equitable relief. Plaintiffs seek damages, injunctive and

declaratory relief, restitution, disgorgement of profits, attorneys’ fees and costs, punitive damages, and

the repair or replacement of class vehicles or refund of money paid to own or lease all class vehicles in

the United States.

JURISDICTION AND VENUE

13. The United States District Court for the Northern District of California has subject

matter jurisdiction over this action under the Class Action Fairness Act because at least one member of

the proposed class is a citizen of a different state than Nissan, the number of proposed class members

exceeds one hundred, and the matter in controversy exceeds the sum or value of $5,000,000.00

exclusive of interests and costs. 28 U.S.C. § 1332(d)(2)(A).

14. The United States District Court for the Northern District of California can exercise

general personal jurisdiction over Defendant because Defendant is incorporated in California.

15. Venue is proper in this District pursuant to 28 U.S.C. § 1391(a) - (c). A substantial part

of the events or omissions giving rise to the claims occurred in this District.

16. Intradistrict Assignment: Pursuant to Civil L.R. 3-2(c)-(d) and 3-5, this lawsuit is

properly assigned to the San Francisco/Oakland Division because San Mateo is the county in which

the action arises. In particular, Plaintiff Falk purchased her vehicle in Redwood City, California, which

is in San Mateo County.

PARTIES

17. Plaintiff Michelle Falk, a proposed Class and Subclass representative, is an adult citizen

of California residing in San Jose, CA.

18. Plaintiff Indhu Jayavelu, a proposed Class and Subclass representative, is an adult

citizen of Ohio.

19. Plaintiff Patricia L. Cruz, a proposed Class and Subclass representative, is an adult

citizen of New York.

20. Plaintiff Danielle Trotter, a proposed Class and Subclass representative, is an adult

citizen of Colorado.

21. Plaintiff Amanda Macri, a proposed Class and Subclass representative, is an adult



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citizen of Illinois.

22. Defendant Nissan North America, Inc. is organized under the laws of the State of

California and has its principal place of business in Smyrna, Tennessee. Nissan operates, maintains

offices, and/or conducts business in all fifty states.

GENERAL ALLEGATIONS

A. Nissan Knowingly Sold Dangerously Defective Vehicles to Consumers.

23. The first class vehicle was sold or leased to members of the Class and Subclass in

approximately the fall of 2012.

24. Upon information and belief, Nissan was aware, or should have been aware, of the

defect present in class vehicles before it sold the class vehicles. This defect causes the transmission in

class vehicles to malfunction and exhibit: hesitation from a stop before acceleration; hard shaking

during deceleration; sudden shaking and violent jerking (commonly known as “juddering” or

“shuddering”); and complete failure to function (collectively, “transmission failures”).

25. Drivers confirm that the transmission failures occur: when trying to accelerate from a

stop; at low speeds when drivers intend to accelerate to merge with highway traffic; and when

attempting to drive uphill. The transmission defect creates a serious safety risk that can lead to

accidents, injuries, or even death for the driver, the vehicles’ occupants, other drivers, and pedestrians.

26. Nissan has a long history of minimizing the significance of the defect by issuing

Technical Service Bulletins (“TSBs”) and service campaigns through which it implies that the defect

only occurs in certain, seemingly rare, circumstances.

27. Nissan has attributed this problem to the computer software issues or deteriorated

transmission fluid; however, Nissan’s proposed fixes have not resolved the defect.

28. Within a year of selling the first class vehicle, Nissan acknowledged the transmission

failures. See Exhibit B (collection of the TSBs summarized in ¶¶ 29-35 herein).

29. Nissan’s January 3, 2013 TSB underrepresented the defect by stating that the engines in

2013 Sentras would exhibit a small RPM decrease for a short duration or stop running when braking

and shifting into reverse or drive. The engines would also exhibit hesitation/lag or stop running

entirely when accelerating from a stop. To solve the problem, Nissan recommended that technicians



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reprogram the Engine Control Module (“ECM”) first and, if applicable, the Transmission Control

Module (“TCM”).

30. The month after that, on March 15, 2013, Nissan continued to minimize the defect by

releasing a TSB that documented its Voluntary Service Campaign to reprogram the ECM and, if

necessary, the TCM in 2013 Nissan Sentras to prevent a condition in which the vehicle’s 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) in cold weather. Nissan specifically stated, in its TSB, that “The vehicle still meets

and exceeds applicable safety standards and there is no unreasonable risk to motor vehicle safety.”

(emphasis added). On June 27, 2013, Nissan released a Service Campaign Bulletin that reiterated the

exact problems and solution identified in the March 15, 2013.

31. Two months later, on May 30, 2013, Nissan noted that the engines in 2013 Sentras

continued to display intermittent RPM drops while stopped and recommended reprogramming the

ECM if the March 15, 2013 Voluntary Service Campaign set forth in NTB13-022 already “has been

completed.”

32. By the end of the year, Nissan released another TSB for 2013 Nissan Sentras

acknowledging the continued problem of engine RPMs dropping very low while stopped and the

engine failing to run altogether while coming to a complete stop. Nissan, again, recommended that

technicians reprogram the ECM.

33. By January 27, 2014, Nissan expanded its TSB to include all 2013 and 2014 Nissan

Sentras and identified continued problems with the engines’ RPMs dropping very low while stopped

and failing to run altogether while coming to a complete stop. Nissan, again, recommended that

technicians reprogram the ECM.

34. A year later, on August 13, 2015, Nissan conducted another Voluntary Service

Campaign to reprogram the CVT in 2013-2014 Nissan Sentras because, according to the TSB, “the

belt may slip when manually shifting from the L range to the 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 meets or exceeds

applicable safety standards.” (emphasis added). Nissan further stated: “the new software will increase



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hydraulic pressure while shifting to prevent CVT belt slip while manually shifting from the L to D

range.”

35. On April 7, 2016, Nissan acknowledged that the transmission failures in the CVTs

effected the 2015 Sentras as well. Specifically, Nissan stated that 2014-2015 Nissan Sentras were

experiencing a judder or shake (pulsing sensation, or fore/aft sensation) while slowing to a stop below

15 mph. Nissan, once again, suggested that technicians reprogram the TCM.

36. The attempts to “fix” the defect through ECM and TCM reprogramming (the software

“updates”) or cooling the “transmission oil” (“transmission fluid coolant procedure”), whether

performed by Nissan prior to delivery of the class vehicles or performed by a repair technician after

delivery, failed to remedy the transmission failures present in all class vehicles.

37. Upon information and belief, Nissan has yet to develop any solution to correct the

transmission defect.

38. Consumer complaints submitted to NHTSA have persisted despite the application of

Nissan’s supposed fixes. Some consumers have received three or four computer upgrades and/or fluid

replacements, yet continue to experience the dangerous transmission failures. Drivers report that they

do not feel safe driving the class vehicles. See Section B, infra; see also Exhibit A.

39. Nissan continued to manufacture, market, and distribute new class vehicles into model

year 2017, despite its failure to remedy the known transmission defect.

B. Consumers Have Extensively Reported the Safety Defect to Nissan.

40. NHTSA provides a system for motor vehicle owners to report complaints relating to

safety defects that pose a risk of accidents, injuries, and even death in vehicles manufactured or

imported in the United States, including safety defects relating to transmission malfunctions. The

safety defect complaints are entered into NHTSA’s consumer complaint automated database, which

manufacturers can access. NHTSA also provides these consumer complaints to the vehicle’s

manufacturer, including Nissan. Nissan reviews NHTSA consumer complaints. Given that the vast

majority of vehicles owners are not aware of NHTSA and/or its reporting system, complaints received

by NHTSA are a small minority of the overall number of complaints made to Nissan, which also

received complaints directly and/or through their authorized dealerships.



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41. Since at least October 2012, Nissan has received complaints of transmission defects and

safety concerns related to the class vehicles through NHTSA, carcomplaints.com, internet forums, and

Nissan dealerships, and directly by owners of class vehicles.

42. Despite Nissan’s knowledge of the transmission defect in the class vehicles and its

safety implications, Nissan continues to conceal this knowledge by, among other things, issuing TSBs

and service campaigns that imply that the defect is insignificant and easily corrected, and has failed to

disclose that its class vehicles’ transmissions are defective and dangerous. Consumers continue to

operate class vehicles and continue to experience dangerous failures of the defective transmission, and

are at increased risk for crashes.

43. Consumers have submitted at least 71 individual NHTSA complaints regarding class

vehicles experiencing the transmission defect described in Nissan’s Technical Service Bulletins. The

number and content of NHTSA consumer complaints of “juddering,” “down shifting,” “hesitation,”

and loss of acceleration highlight the class vehicles’ transmission defect.

44. These consumer complaints filed with NHTSA, and delivered to Nissan, often highlight

the safety risk caused by the defect, including reports of near accidents and accidents that occurred due

to the defect without response or resolution by Nissan. Nissan received and was aware of these

consumer complaints. A sample of these complaints are reprinted in the paragraphs below; Plaintiffs

have included all of the reported NHTSA complaints in an attachment to this Complaint. See Exhibit

A.

45. A March 9, 2013 consumer complaint submitted 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



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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”

46. A March 1, 2015 consumer complaint submitted 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”

47. 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.”

48. A June 7, 2016 consumer complaint submitted 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”

49. An October 8, 2016 consumer complaint submitted 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



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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 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”

50. An April 25, 2017 consumer complaint submitted 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 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



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MY CAR. I HAVE INVOICES THAT I CAN PROVIDE IF NEEDED. PLEASE TAKE ACTION

ON THIS. THANK YOU.”

51. A May 10, 2017 consumer complaint submitted 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

CONDITION,” WHICH IS THE FAILURE OF THE 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.” C. Nissan Has Long-Known That Its CVT-Equipped Vehicles Suffer From Transmission

Defects Similar To The Defect In The Class Vehicles.

52. Nissan has been on notice for years that its CVT-equipped vehicles suffer from

transmission defects. For example, Nissan doubled the warranty period for the transmission in various

models of 2003 to 2010 Nissans equipped with a CVT to pacify consumers’ concerns that the CVTs

were defective and would eventually fail, leading to repair costs after the warranty expired. Nissan’s

warranty extension covered the 2007-2010 Sentras. See, Exhibit C.

53. Nissan also recently settled a class action wherein the plaintiffs alleged that the CVT in

Nissan Pathfinder vehicles had a similar defect to that which Plaintiffs allege for the Sentra class

vehicles. See Batista v. Nissan N. Am., Inc., Case No. 14-24728 (S.D. Fla.).

54. Nissan has also released TSBs regarding CVT issues for earlier Sentra models and

other model Nissan vehicles. See, Exhibit D (collection of the TSBs summarized in ¶ 54 herein). For

example:

a. On August 15, 2014, Nissan released a TSB acknowledging that the CVT reduced

vehicle speed in 2007-2012 Nissan Sentras after high driving speed, driving in

ambient temperature of 96 degrees of higher, climbing steep or extended hills for 6



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miles or more, and whine or rattle type noises due to reduced engine performance at

decreasing vehicle speeds. Nissan recommended that its technicians install a kit

designed to cool “transmission oil”. Nissan released another TSB acknowledging the

same problems and fixes on November 25, 2015, which indicates that Nissan had not

solved the problem.

b. Nissan released a TSB on April 6, 2016 directed toward the 2013-2016 Altima and

the 2014-2016 Rogue to correct the vehicles’ hesitation and loss of power. The

recommended fix included removing the control valve to inspect the CVT belt to

assess evidence of CVT belt slippage. If there was no such evidence, the technician

was told to replace the control valve and effectively do nothing. If evidence of belt

slippage existed, Nissan replaced the entire CVT assembly.

c. A September 10, 2013 TSB released by Nissan noted a pronounced juddering during

light acceleration between 5 and 35 mph in 2013-2014 Nissan Altima V6 Sedans and

2013-2014 Pathfinders. To fix the issue, Nissan recommended reprogramming the

CVT unless the vehicle was a Pathfinder built before December 2012. In that case,

unless a January 10, 2013 voluntary service campaign to reprogram the Pathfinder

was performed, Nissan required the complete replacement of the CVT. Even 2013-

2014 Pathfinders and Altimas manufactured after December 2012 had the CVTs

completely replaced if reprogramming of the CVT once again failed and the vehicle

exhibited pressure vibration.

d. Nissan recognized long-standing issues with the CVT in reducing engine performance

and creating conditions where the vehicle experiences low power in July 6, 2012.

Nissan identified the applicable vehicles as the 2001-2011 Altimas, 2008-2011

Altima Coupes, 2007-2011 Sentras, and 2008-2011 Rogues. At that time, Nissan

advised technicians to look for overfilled CVT fluid levels, incorrect types of

transmission fluid, or incorrect coolant/water mixes, but otherwise failed to offer any

other repairs.

55. Nissan has continuously experienced problems over a number of years with its CVTs



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that result in the same transmission failures that Plaintiffs have experienced. Yet, Nissan has continued

to install the CVT transmissions in its vehicles and failed to adequately disclose to Plaintiffs, the

Class, or the Subclasses the resulting transmission failures or the safety implications of such failures.

D. Nissan Did Not Disclose the Safety Defect to Plaintiffs, the Class, or Subclass Members.

56. Despite Nissan’s knowledge of the defect present in class vehicles, Nissan continued to

fail to disclose this unresolved safety defect to new and subsequent purchasers and lessees of class

vehicles. Nissan continues to manufacture and sell Nissan Sentras equipped with the defective

transmissions without any disclosure to consumers about these hidden safety defects. Nissan otherwise

prevents reasonable consumers from repairing or discovering this hazard until the vehicle’s

transmission unexpectedly fails to properly function, placing its occupants and other travelers in

danger.

57. Nissan’s Technical Service Bulletins concerning the transmission problems in class

vehicles were not directly sent to purchasers directly and did not fully disclose the pervasiveness of the

defect, the safety issues arising from the defect, or the uncertain nature of the prescribed fixes.

58. Plaintiffs, the Class, and Subclass Members would not have purchased or leased their

vehicles, or would have paid significantly less for them, had they known of the transmission defect

and the safety hazard it creates. By failing to disclose the defect, Nissan denied Plaintiffs, Class

Members, and Subclass Members information that was material to their purchase or lease and material

to their willingness to use their class vehicles. E. Nissan’s Warranties Cover the Transmission Defect, but Nissan has Refused to Correct

the Defect.

59. For each class vehicle sold by Nissan, an express written warranty was issued which

covered the vehicle, including but not limited to, the transmission system.

60. Nissan provided all purchasers and lessees of the class vehicles with a New Vehicle

Limited Warranty (“Warranty”). Nissan’s Warranty covers any repairs needed to correct defects in

materials or workmanship of covered parts. The basic coverage period lasts 36 months or 36,000

miles, whichever comes first, and the powertrain coverage lasts 60 months or 60,000 miles, whichever

comes first. The Warranty begins on the date the vehicle is delivered to the first retail buyer or put into



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use, whichever is earliest. The powertrain coverage specifically applies to the engine, transmission and

transaxle, drivetrain, and restraint system. Defendant Nissan explicitly extended these warranties to

all purchasers, lessees, and subsequent purchasers and lessees of class vehicles throughout the United

States.

61. Furthermore, under the powertrain coverage, Nissan expressly warranted that it “covers

any repairs needed to correct defects in materials or workmanship” to the powertrain components,

which include the engine and the transmission.

62. Nissan also sold or leased the class vehicles to the Plaintiffs, Class, and Subclass

Members under an implied warranty of merchantability. Nissan’s express warranty confirms that

Nissan offers implied warranties, including the implied warranty of merchantability, for the same

duration as the express warranty. Nissan impliedly warranted that the class vehicles were merchantable

in that they were in a safe and non-defective condition for use by their owners or lessees for the

ordinary purpose for which they were intended, and were not otherwise injurious. Nissan is under a

duty to design, construct, manufacture, inspect, and test the class vehicles so as to make them suitable

for the ordinary purposes of their use— safe and reliable transportation.

63. Nissan breached its warranties for the class vehicles when it: designed, manufactured,

and sold class vehicles with defects in the transmission system, refused to recognize or repair the

defect in the transmission when confronted with the transmission failures, and/or otherwise

inadequately repaired the defect through ineffective software updates, transmission fluid flushes, or

replacement of the defective transmissions with equally defective transmissions. In breach of Nissan’s

warranties, the class vehicles are defective, unsafe, unfit for the ordinary purposes for which they are

intended to be used, and not merchantable.

PLAINTIFFS’ ALLEGATIONS

64. Like all new or certified pre-owned Nissan vehicles, Plaintiffs’ class vehicles each

came with Nissan’s Warranty. This Warranty was a material factor in Plaintiffs’ decisions to purchase

their respective class vehicles.

65. At the time of Plaintiffs’ purchases, Nissan failed to disclose, concealed, and/or omitted

consumer complaints, malfunctions, safety hazards, and material facts related to the class vehicles’



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defective transmission.

66. Before Plaintiffs purchased their respective class vehicles, Plaintiffs were never

informed of, or aware of, the Nissan Sentra’s transmission failures. Plaintiffs were also unaware of

Nissan’s prior failed attempts to address the class vehicles’ defect.

67. Had Nissan disclosed the defect, Plaintiffs would not have purchased the class vehicle

or would have paid significantly less for it. Plaintiffs were denied information material to their

purchases and willingness to use the class vehicle. To the contrary, Plaintiffs relied upon Nissan’s

express and implied warranties that the class vehicles were fit and safe for its ordinary purpose,

merchantable, and free of irreparable defects.

68. Plaintiffs used the class vehicles in a reasonable manner and followed all scheduled

maintenance recommendations.

A. Plaintiff Michelle Falk Purchased A 2015 Nissan Sentra With The Undisclosed Safety

Defect.

69. On or about July 21, 2016, Plaintiff Michelle Falk purchased a used 2015 Nissan Sentra

from Enterprise Car Sales in Redwood City, California for $14,000. The original purchaser of Plaintiff

Falk’s vehicle purchased it on or about January 19, 2015. At the time of Plaintiff’s purchase, the

odometer of the class vehicle recorded 38,332 miles.

70. In August 2016, within a few weeks of her purchase, Plaintiff Falk noticed that, when

shifting from park to drive, the engine would feel like it was failing and she would hear a big clanking

noise. Within a day or so after that, there was a loss of power when driving from a stop and then,

shortly after that, her vehicle would take a long time to speed up to 30 mph. In fact, there was so

much lag that Plaintiff Falk felt like she was driving with the emergency brake engaged. When going

over 45 mph, her car would shake violently, which caused her immediate concern. The car would lose

power and decrease speed on the freeway and almost die at stop signs. When starting from a complete

stop, the car displayed significant hesitation and drove like it had a manual transmission. Plaintiff Falk

feared driving the vehicle because she had no confidence that the car had sufficient speed or power to

merge and because its performance was unpredictable. On August 15, 2016, the engine light came on

and she scheduled an appointment at an authorized Nissan dealership.



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71. At her first visit to Premier Nissan of San Jose (“Premier Nissan”) in San Jose,

California, on August 23, 2016 at 39,121 miles. The dealership’s service department told her that

“these things happen with CVT transmissions” and that they would check it. According to Plaintiff

Falk’s service records, Nissan technicians verified her concerns and found a TSB related to the issue.

The technicians cleaned the inside of the throttle chamber and updated the ECM software. However,

this service did not correct the defect and the same problems with lagging and lack of power upon

acceleration soon recurred.

72. Plaintiff Falk took her car back to Premier Nissan on September 16, 2016 at 39,930

miles. Plaintiff Falk informed the technicians that the class vehicle jerked when accelerating and when

putting into gear from park. She went on a test drive with the service technician, who noticed the

problems immediately and also noted that the vehicle hesitated. The technician said that “Nissan was

notorious for problems with CVT. They get cars that need replacing all the time.” When Ms. Falk

asked why Nissan continues to manufacture cars equipped with CVTs, the technician said that “it was

trial and error. These cars needed to be driven very carefully, anything could mess it up.” The

dealership kept Plaintiff Falk’s Sentra for almost two weeks. According to her service records, the

technician observed Ms. Falk’s concerns that the vehicle jerks upon acceleration and when put into

gear from park, as well as hesitation in the vehicle. The technicians did not find any stored codes or

applicable service bulletins. They recommended dropping the transmission oil pan and looking for

internal damage to the CVT assembly. Upon removing the oil pan, the technician found that the

transmission fluid was almost back and displayed a burnt odor. Based on the burnt fluid and jerking of

the vehicle, the technician replaced the CVT Transaxle Assembly. Even this did not correct the defect

in Ms. Falk’s class vehicle.

73. Ms. Falk took the car in for service again to Premier Nissan on October 10, 2016 at

40,100 miles for the same problems. According to service records, she informed Nissan that the

vehicle resists and shudders at 30 mph when driving and accelerating. The Nissan dealership told her

that this is just the way the CVT works. She asked them to check it again, as she did not feel

comfortable driving the vehicle, and they represented to her that everything was fine.

74. Everything was not fine. On May 1, 2017 at 49,491 miles, Ms. Falk tried to merge onto



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the freeway, but her vehicle would not achieve a speed of over 20 mph. She also informed Premier

Nissan about a clunking noise that she heard when shifting into drive from park. Additionally, Ms.

Falk confirmed that the same problems from her October 10, 2016 visit persisted. The technicians

verified the clunking noise that occurs in Ms. Falk’s vehicle when shifting out of park. The technician

determined that TSB 12-055e applied to Ms. Falk’s vehicle and applied grease to the bearing surfaces

of the vehicle on both sides.

75. The same problems continued. Ms. Falk again brought her vehicle to Premier Nissan on

May 27, 2017 at 50,715 miles. She informed the technicians that the vehicle felt like it was going to

stall on the freeway and that she continued to hear clunking noises when shifting from park to drive

and, additionally, when shifting to reverse the vehicle. The dealership could not replicate any of

Plaintiff Falk’s issues and performed no fix.

76. On June 6, 2017 at 51,131 miles, Plaintiff Falk went back to Premier Nissan and

represented that she was experiencing all of the same issues that occurred on her prior visits. Again,

Nissan could not replicate the issues and did not perform a fix.

77. Despite providing Nissan and its authorized dealer with ample opportunity to repair her

vehicle, Plaintiff Falk continues to experience the transmission failures.

B. Plaintiff Indhu Jayavelu Purchased A 2016 Nissan Sentra With The Undisclosed Safety

Defect.

78. On or about November 25, 2016, Plaintiff Jayavelu purchased a new 2016 Nissan

Sentra from Fred Martin Nissan in Akron, Ohio for $17,700.

79. Almost immediately after her purchase, Plaintiff Jayavelu’s class vehicle began to

judder and would fail to properly accelerate. On November 25, 2016 at 720 miles, Plaintiff Jayavelu

sought an inspection of the class vehicle at Airport Nissan of Cleveland in Cleveland, Ohio. She

represented that she felt a vibration through the steering wheel when braking to a stop and when

driving about 20-25 mph. The service technician’s notes indicate that Nissan could not replicate her

concern and made no repair.

80. Plaintiff Jayavelu again brought her vehicle in for repair at 829 miles on December 19,

2016. She brought the vehicle to Nissan of North Olmsted, LLC in North Olmsted, Ohio. She stated



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that she felt vibration and her vehicle would not accelerate properly when her vehicle was accelerating

from 20-40 mph and when slowing down to a stop. The technicians test drove the vehicle and agreed

that the vehicle vibrated. Because the technician could not find a code, however, Nissan did nothing to

fix the vehicle and advised Ms. Jayavelu to call Nissan Customer Affairs.

81. Ms. Jayavelu called Nissan Customer Affairs, but the representative said that Nissan

could not help her because the dealership did not find any stored codes in her vehicle.

82. Despite providing Nissan and its authorized dealer with more than one opportunity to

repair her vehicle, Plaintiff Jayavelu continues to experience the transmission failure.

C. Plaintiff Patricia L. Cruz Purchased A 2014 NISSAN Sentra With The Undisclosed

Safety Defect.

83. On February 14, 2015, Plaintiff Cruz purchased a new 2014 Nissan Sentra from Nissan

112 in Patchogue, New York for about $18,000. Ms. Cruz also purchased an extended warranty for

$2,000.

84. Soon after purchasing the vehicle, Plaintiff Cruz noticed symptoms of the defect,

including frequent juddering, a whining noise, and delayed acceleration.

85. On August 10, 2016, Plaintiff Cruz took her vehicle to Nissan 112 in Patchogue, New

York at 16,465 miles. She informed the technician that there is a whistling noise and that her vehicle

would “pull back” at around 25-40 mph. The service records indicate that the technician road tested

the vehicle and could not replicate the problem or find codes in the computer. Nissan did not perform

any repairs.

86. On October 10, 2016, Plaintiff Cruz took her vehicle back to Nissan 112 at 18,006

miles and indicated that she heard a noise in the transmission. The technician noted in the service

records that the car had a noise in the transmission and indicated that (s)he reprogrammed the

transmission. However, the technician informed her that nothing could be done without a diagnostic

code.

87. Plaintiff Cruz called Nissan on November 11, 2016 to discuss the technicians’ failure to

perform a repair. A Nissan representative named “Andrea” informed Ms. Cruz that Nissan could not

help unless the technician found a repair code.



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88. The problems continued and Plaintiff Cruz brought her vehicle back to Nissan 112 on

January 4, 2017 at 20,570 miles. She informed the technician that the transmission was exhibiting a

kick back when approaching 40 mph. The technician test drove the vehicle and felt the sudden shaking

and noted that he had driven other Sentra’s and observed the same sudden shaking. Plaintiff Cruz also

stated that she experienced the same defect in the 2016 Nissan Sentra loaner car provided to her. The

technician concluded that the vehicle was operating as designed and did not warrant a repair.

89. Despite providing Nissan and its authorized dealer with several opportunities to repair

her vehicle, Plaintiff continues to experience the transmission failure.

D. Plaintiff Danielle Trotter Purchased A 2013 Nissan Sentra With The Undisclosed Safety

Defect.

90. In April 2013, Plaintiff Trotter purchased a new 2013 Nissan Sentra for $27,133.20

from South Colorado Springs Nissan in Colorado Springs, Colorado.

91. Within the first month of her purchase, at approximately 333 miles, Plaintiff Trotter

noticed the transmission failures, including that the vehicle nearly stalled at stoplights, vibrated and

jerked under acceleration, had severe lag, would not go more than 20 mph without shaking and

exhibited severe juddering at higher speeds.

92. Plaintiff Trotter took her vehicle to South Colorado Springs Nissan in June 2013 at 333

miles. She told the technician that the vehicle idles roughly at a stop light and she can feel the

vibration through the steering wheel. According to the service records, the technician confirmed a

problem with the RPMs at idle and performed the March 15, 2013 TSB to her vehicle. Plaintiff Trotter

disputes that the technician repaired the vehicle. Instead, Plaintiff Trotter maintains that the technician

informed her that her vehicle’s computer was recalled and that they needed to update the software. The

technician then told her that South Colorado Springs Nissan’s computers were down, but that the car

was safe to drive in the meantime. The technician did not tell Ms. Trotter that there was anything

wrong with the transmission.

93. In March 2017 at 113,462 miles, Plaintiff Trotter took her vehicle to Woodmen Nissan

in Colorado Springs, Colorado and informed the technicians that the vehicle would not go over 20

mph. During the test drive, the technician could not duplicate Plaintiff Trotter’s concern and, therefore



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did not proceed with a transmission fix.

94. In May 2017, Plaintiff Trotter again brought her vehicle to Woodmen Nissan because

the vehicle had no power when coming off the highway and when trying to leave a stop light. Ms.

Trotter also stated that the vehicle would shake and judder when coming off the freeway. When the

technicians test drove the vehicle, they felt a shudder but did not find any diagnostic codes. The

technicians diagnosed the issue as a potential internal CVT transmission issue and recommended that

Plaintiff Trotter replace her transmission for $3900. Plaintiff declined to replace the transmission, but

the technicians nonetheless charged her $122 for the labor involved in the diagnosis.

95. Despite providing Nissan and its authorized dealer with more than one opportunity to

repair her vehicle, Plaintiff Trotter continues to experience the transmission failure. E. Plaintiff Amanda Macri Purchased A 2013 Nissan Sentra With The Undisclosed Safety

Defect.

96. In December 2013, Plaintiff Amanda Macri purchased a new 2013 Nissan Sentra from

Glendale Nissan in Glendale Heights, Illinois for $23,000.

97. During the period January to May 2016, Plaintiff Macri first noticed that the RPMs

were fluttering on the highway, even on cruise control, and when driving up and down hills. The

vehicle shook when at a stop and hesitated when accelerating from a stop.

98. In July 2016, Plaintiff Macri took the vehicle to Nissan of St. Charles in St. Charles,

Illinois at 42,125 miles and informed the service department that the vehicle was shaking when it

accelerated and jerking when coming to a complete stop. The service records indicate that the

technician could not replicate the defect and did nothing to fix the vehicle because no codes appeared

in the computer.

99. Plaintiff Macri again brought the vehicle to Nissan of St. Charles in February 2017 at

54,594 miles and stated that, at 60 mph, the RPMs were bouncing between 1000-3000, particularly

while on cruise control driving uphill. The service notes indicate that the technician could not replicate

the problem and refused to perform any repairs.

100. In March 2017, Plaintiff Macri called Nissan and spoke with a regional specialist. The

specialist said that, if the dealer cannot replicate the issue, Nissan could not help her.



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101. In April 2017 at 56,817 miles, Plaintiff Macri brought her vehicle to Wickstrom

Chevrolet in Roselle, Illinois because the transmission began to sputter randomly at higher speeds. The

technician at Wickstrom Chevrolet is a family friend of Plaintiff and she trusted him to diagnose the

failures in the vehicle where Nissan repeatedly failed to do so. The technician identified the issues that

Plaintiff Macri experienced and recommended that Nissan perform a fluid flush and replace the spark

plugs. At that point, Plaintiffs’ authorized Nissan dealership – Nissan of St. Charles – had been so

hostile to her that she did not feel comfortable turning to them for that particular fix, especially

because they denied that a problem existed every time she took the vehicle in for repair.

102. Despite providing Nissan and its authorized dealer with multiple opportunities to repair

her vehicle, Plaintiff Macri continues to experience the transmission failure.

CLASS DEFINITION

103. Pursuant to Rules 23(b)(2), and/or 23(b)(3) of the Federal Rules of Civil Procedure,

Plaintiffs will seek certification of a nationwide Class defined as follows:

All persons who purchased and/or leased in the United States a model year 2013-2017 Nissan

Sentra equipped with a CVT.

104. Plaintiffs also seek certification of Subclasses defined as follows:

A California Subclass consisting of:

All persons who purchased and/or leased in Californian a model year 2013-2017

Nissan Sentra equipped with a CVT.

An Ohio Subclass consisting of:

All persons who purchased and/or leased in Ohio a model year 2013-2017


A New York Subclass consisting of:

All persons who purchased and/or leased in New York a model year 2013-2017


A Colorado Subclass consisting of:

All persons who purchased and/or leased in Colorado a model year 2013-2017 Nissan Sentra

equipped with a CVT.



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An Illinois Subclass consisting of:

All persons who purchased and/or leased in Illinois a model year 2013-2017 Nissan Sentra

equipped with a CVT.

105. The Class and Subclass definitions specifically exclude: (a) all persons who assert

personal injury or property damage claims arising from or relating to the transmission failures in their

class vehicle; (b) all persons who have had their class vehicle re-purchased or “bought back” by

Defendant Nissan (whether the buy-back was required by law or was solely pursuant to agreement);

(c) any persons or other entity currently related to or affiliated with Defendant; (d) any person, firm,

trust, corporation, or other entity who purchased for resale, from Defendant, or any entity related to or

affiliated with Nissan, a model year 2013-2017 Sentra, (e) any Judge presiding over this action and

members of his or her family; and (f) all persons who properly execute and file a timely request for

exclusion from the Class.

CLASS ALLEGATIONS

106. Numerosity: the Class and Subclasses are comprised of thousands of Nissan Sentra

owners throughout the United States, making joinder impractical. Moreover, the Class and Subclasses

are composed of an easily ascertainable, self-identifying set of individuals and entities who purchased

2013-2017 Nissan Sentras. The Members of the Class and Subclasses are so numerous that joinder of

all members is impracticable. The precise number of Class and Subclass Members can only be

ascertained through discovery, which includes Defendants’ sales, service, and complaint records. The

disposition of their claims through a class action will benefit both the parties and this Court.

107. Commonality: The critical questions of law and fact common to the Class and

Subclasses that will materially advance the litigation include, but are not limited to, the following:

a. Whether the transmission installed by Defendants in the class vehicles, model years

2013-2017 are defective;

b. Whether Defendants knew about the defective transmissions in class vehicles when

they sold the class vehicles;

c. Whether the transmission defect constitutes a breach of the implied warranty of

merchantability, including a violation of the Song-Beverly Consumer Warranty Act;



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d. Whether refusing or failing to repair the transmission defect constitutes a breach of

the express warranty;

e. Whether the Defendants’ concealment of and/or failure to disclose the defect in class

vehicles constitutes unfair or deceptive acts or practices in violation of state consumer

protection statutes;

f. Whether information about the defect was material to a reasonable consumer in

making a decision to purchase, lease, or use class vehicles;

g. Whether Nissan’s inability to fix the transmission defect in class vehicles means that

Nissan’s express warranty has failed its essential purpose;

h. Whether Members of the Class and Subclasses are entitled to be notified and warned

about the transmission defect and are entitled to the entry of final and injunctive relief

compelling Defendant to issue a notification and warning to all Class and Subclass

Members concerning such a defect;

i. Whether Defendant deliberately misrepresented or failed to disclose or concealed

material facts to Plaintiffs and the Class and Subclass Members;

j. Whether Nissan acted or refused to act on grounds generally applicable to the Class,

thereby making the award of equitable relief and/or restitution appropriate to the

Class as a whole;

k. Whether Plaintiff and Class Members would have purchased their class vehicles, or

whether they would have paid a lower price for them, had they known of the

transmission failures;

l. Whether Plaintiffs and Class and Subclass Members are entitled to actual damages;

m. Whether Plaintiffs and the Class and Subclasses are entitled to restitution and/or

disgorgement;

108. Typicality: The Plaintiffs’ claims are typical of the claims of the members of the Class,

as all such claims arise out of Defendant’s conduct in designing, manufacturing, warranting, and

selling the class vehicles with the same transmission defect.

109. Adequate Representation: Plaintiffs will fairly and adequately protect the interests of



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the Class Members and have no interests antagonistic to those of the Class. Plaintiffs have retained

counsel experienced in the prosecution of complex class actions including, but not limited to,

consumer class actions involving, inter alia, breach of warranties, product liability, and product design

defects.

110. Predominance: This class action is appropriate for certification because questions of

law and fact common to the members of the Class predominate over questions affecting only

individual members.

111. Superiority: A class action is superior to other available methods for the fair and

efficient adjudication of this controversy, since individual joinder of all members of the Class is

impracticable. Should individual Class Members be required to bring separate actions, this Court

would be confronted with a multiplicity of lawsuits burdening the court system while also creating the

risk of inconsistent rulings and contradictory judgments. In contrast to proceeding on a case-by-case

basis, in which inconsistent results will magnify the delay and expense to all parties and the court

system, this class action presents far fewer management difficulties while providing unitary

adjudication, economies of scale and comprehensive supervision by a single court. Because the

damages suffered by each Class and Subclass Member are relatively small compared to the expense

and burden of prosecuting this compelling case against a well-financed, multibillion dollar

corporation, this class action is the only way each Class and Subclass Member can redress the harm

that Nissan caused.

TOLLING OF STATUTES OF LIMITATIONS

112. Discovery Rule. Plaintiffs’ claims accrued upon discovery that the transmission system

that Nissan designed, manufactured, and installed into the class vehicles suffered from transmission

failures, and that the transmission failures could not be repaired. While Nissan knew, and omitted, the

fact that the transmissions suffer from a defect that causes failures, Plaintiffs, Class Members, and

Subclass Members could not and did not discover this fact through reasonable diligent

investigation until after they experienced failures, reasonably excluded other potential causes of the

failures, and learned that warranty “repairs” by Nissan did not solve the problem.



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113. Active Concealment Tolling. Any statutes of limitations are tolled by Nissan’s knowing

and active concealment of the fact that the transmission suffered from a defect. Nissan kept Plaintiffs

and all Class and Subclass Members ignorant of vital information essential to the pursuit of their

claims, without any fault or lack of diligence on the part of Plaintiffs. The details of Nissan’s efforts to

conceal its above-described unlawful conduct are in its possession, custody, and control, to the

exclusion of Plaintiffs and the Class and Subclass Members. Plaintiffs could not reasonably have

discovered the fact that the transmissions suffered from a defect that would cause repeated and

significant failures.

114. Estoppel. Nissan was and is under a continuous duty to disclose to Plaintiffs, as well as

Class and Subclass Members, the true character, quality, and nature of the transmissions. At all relevant

times, and continuing to this day, Nissan knowingly, affirmatively, and actively misrepresented and

omitted the true character, quality, and nature of the transmissions. The details of Nissan’s efforts to

conceal its above-described unlawful conduct are in its possession, custody, and control, to the

exclusion of Plaintiffs and Class and Subclass Members. Plaintiffs and Class and Subclass Members

reasonably relied upon Nissan’s knowing and/or active omissions. Based on the foregoing, Nissan is

estopped from relying upon any statutes of limitation in defense of this action.

115. Equitable Tolling. Nissan took active steps to omit the fact that it wrongfully,

improperly, illegally, and repeatedly manufactured, marketed, distributed, sold, and/or leased the class

vehicles with the defective transmissions. The details of Nissan’s efforts to conceal its above-described

unlawful conduct are in its possession, custody, and control, to the exclusion of the Plaintiffs and Class

and Subclass Members. When Plaintiffs learned about this material information, they exercised due

diligence by thoroughly investigating the situation, retaining counsel, and pursuing their claims. Nissan

wrongfully omitted its deceitful acts described above. Should it be necessary, therefore, all applicable

statutes of limitation are tolled under the doctrine of equitable tolling.

FIRST CLAIM FOR RELIEF

(Breach of Express Warranty)

On behalf of the Class, or Alternatively, the California, Ohio, New York, Colorado, and Illinois

Subclasses and their Named Representatives



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116. Plaintiffs, individually and on behalf of the Class or, in the alternative, for the

California, Ohio, New York, Colorado, and Illinois Subclasses and their Named Representatives,

hereby incorporate the allegations in paragraphs 1 through 115 as though fully set forth herein.

117. Each class vehicle sold by Nissan included an express Warranty that covered, in part,

the transmission and warranted that it would repair or replace any defects in materials and

workmanship in the class vehicles.

118. Nissan provided all purchasers and lessees of the class vehicles with a written Warranty

that “begins on the date the vehicle is delivered to the first retail buyer or put into use, whichever is

earlier.” Under the Warranty’s Powertrain Coverage, Nissan expressly warranted that the Warranty

“covers any repairs needed to correct defects in materials or workmanship.” The Warranty’s

Powertrain Coverage covers the vehicles for 60 months or 60,000 miles, whichever comes first. Nissan

promised to cover listed powertrain components under its Warranty, including the transmission

components such as the “[t]ransmission and [t]ransaxle [c]ase and all internal parts, torque converter

and converter housing, automatic transmission control module, transfer case and all internal parts,

seals and gaskets, clutch cover, A/T cooler, and electronic transmission controls..”

119. Nissan maintains a full-time Quality Engineer for “Total Customer Satisfaction,” at its

headquarters near Nashville, Tennessee, whose responsibilities include analysis of field data

(warranty, JD Power, IQS, etc.) to identify priority issues to be addressed, report quality results and

action plans to executive management, perform static and dynamic evaluations of vehicle quality, and

incorporate feedback from current model quality into the new product development process. The

Quality Engineer reports to the Office of the Overseas Chief Quality Engineer (OCQE).

120. In addition, Nissan maintains a full-time Quality Process Engineer at its headquarters

near Nashville, Tennessee whose responsibilities are to analyze warranty data and reduce warranty

claims and develop and present solutions to field concerns in formal reviews with executive

management.

121. Through its personnel, whose responsibilities include monitoring defects, analyzing

warranty and field data, and reporting findings to executive management, as well as through its highly

developed internal information and reporting systems, Defendant has been made aware of the



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defective CVT for years, but failed to notify Plaintiffs and members of the proposed Class and

Subclasses during the warranty period and failed to repair the defect free of charge.

122. Plaintiffs also gave notice to Nissan of their vehicles’ defect through its dealer and

agent and through its customer service division, and gave Nissan a chance to repair the defect under

the express warranty. Nissan was also on notice of the defect by virtue of the NHTSA and other

complaints set forth herein, as well as its internal investigation of the defect in class vehicles as early

as 2013.

123. Nissan breached its warranties by offering for sale and selling defective vehicles that

were by construction defective and unsafe and refusing to recognize or permanently repair the defect,

thereby subjecting the occupants of the class vehicles purchased or leased to damages and risks of loss

and injury.

124. Nissan’s warranty to repair the class vehicles fails in its essential purpose because the

contractual remedy is insufficient to make Plaintiffs, the Class, and the Subclasses whole because

Nissan has been unable to repair the defect or has refused to replace the transmission with a different,

functional transmission. As Nissan’s Technical Service Bulletins demonstrate, Nissan is incapable of

repairing the defect, despite repeated attempts to do so.

125. Accordingly, Plaintiffs, the Class, and the Subclasses are not limited to the limited

warranty of “repair” and Plaintiffs, the Class, and the Subclasses seek all remedies allowed by law.

126. Plaintiffs and the Class or, in the alternative, the California, Ohio, New York, Colorado,

and Illinois Subclasses seek full compensatory damages allowable by law, attorneys’ fees, costs,

punitive damages, restitution, the repair or replacement of all class vehicles, the refund of money paid

to own or lease all class, and appropriate equitable relief including injunctive relief, a declaratory

judgment, and a court order enjoining Nissan’s wrongful acts and practices, and any other relief to

which Plaintiffs and the Class or the California, Ohio, New York, Colorado, and Illinois Subclasses

may be entitled.

SECOND CLAIM FOR RELIEF

(Breach of Implied Warranty of Merchantability)

On behalf of the Class or, Alternatively, the California, Ohio, New York, Colorado, and Illinois



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Subclasses and their Named Representatives

127. Plaintiffs, individually, and for the Class or, in the alternative, the California, Ohio,

New York, Colorado, and Illinois Subclasses and their Named Representatives, hereby incorporate the

allegations in paragraphs1 through 115 as though fully set forth herein.

128. Nissan impliedly warranted that the class vehicles, which it designed, manufactured,

sold, or leased to Plaintiffs and the Class or Members of the California, Ohio, New York, Colorado,

and Illinois Subclasses, were merchantable, fit and safe for their ordinary use, not otherwise injurious

to consumers, and equipped with adequate safety warnings.

129. Because the class vehicles are equipped with a defective transmission system, the

vehicles purchased or leased and used by Plaintiffs, the Class, and Subclass Members are unsafe, unfit

for their ordinary use when sold, and not merchantable. Nissan breached the implied warranty of

merchantability by selling or leasing class vehicles to Plaintiffs, the Class, and Members of the

California, Ohio, New York, Colorado, and Illinois Subclasses.

130. Plaintiffs and the Class or, alternatively, the California, Ohio, New York, Colorado, and

Illinois Subclasses seek full compensatory damages allowable by law, attorneys’ fees, costs, punitive

damages, restitution, the repair or replacement of all class vehicles, the refund of money paid to own

or lease all class vehicles, and appropriate equitable relief including injunctive relief, a declaratory

judgment, and a court order enjoining Nissan’s wrongful acts and practices and any other relief to

which Plaintiffs and the Class or, alternatively, the California, Ohio, New York, Colorado, and Illinois

Subclasses may be entitled.

THIRD CLAIM FOR RELIEF

(Violation of the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301, et seq.)

On behalf of the Class or, Alternatively, On Behalf of the California, Ohio, New York, Colorado, and

Illinois Subclasses and their Named Representatives

131. Plaintiffs, individually and for the Class or, in the alternative, the California, Ohio, New

York, Colorado, and Illinois Subclasses and their Named Representatives, hereby incorporate the

allegations in paragraphs 1 through 115 as though fully set forth herein.

132. Plaintiffs, the Class, and Subclass Members are “consumers” within the meaning of the



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Magnuson-Moss Act, 15 U.S.C. § 2301(3).

133. Nissan is a “supplier” and “warrantor” within the meaning of the Magnuson-Moss Act,

15 U.S.C. § 2301(4) and (5).

134. The class vehicles at issue are “consumer products” within the meaning of the

Magnuson-Moss Act, 15 U.S.C. § 2301(6).

135. For each class vehicle, Nissan issued an express Warranty that covered the vehicle,

including but not limited to the transmission, and which warranted that Nissan would repair or replace

any part that is defective in material or workmanship under normal use.

136. Nissan breached its express warranties by offering for sale and selling defective

vehicles that were, by construction, defective and unsafe, and failing to repair said vehicles, thereby

subjecting the occupants of the class vehicles purchased or leased to damages and risks of loss and

injury.

137. Nissan’s written warranties relate to the future performance of its vehicles because it

promised that the drivetrain of the class vehicles would perform adequately for a specified period of

time or mileage, whichever came first.

138. Nissan has breached and continues to breach its written and implied warranties of

future performance, thereby damaging Plaintiffs and similarly situated Class and Subclass Members,

because the class vehicles fail to perform as represented due to an undisclosed transmission defect.

Nissan fails to fully cover or pay for necessary inspections, repairs and/or vehicle replacements for

Plaintiffs, the Class, and the Subclasses.

139. Plaintiffs, the Class, and Subclass Members, and the public will suffer irreparable harm

if Nissan is not ordered to properly repair all of the class vehicles immediately, offer rescission to the

Class or Subclasses by repurchasing their class vehicles for their full cost, reimburse the lessees of the

class vehicles the monies they have paid toward their leases, recall all defective vehicles that are

equipped with the defective transmissions, and cease and desist from marketing, advertising, selling,

and leasing the class vehicles.

140. Nissan is under a continuing duty to inform its customers of the nature and existence of

potential defects in the class vehicles.



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141. Such irreparable harm includes, but is not limited to, likely injuries and crashes as a

result of the defects in the class vehicles.

142. Plaintiffs and the Class or, in the alternative, the Subclasses seek full compensatory

damages allowable by law, attorneys’ fees, costs, punitive damages, restitution, the repair or

replacement of all class vehicles, the refund of money paid to own or lease all class vehicles,

appropriate equitable relief including injunctive relief, a declaratory judgment, a court order enjoining

Nissan’s wrongful acts and practices, and any other relief to which Plaintiffs and the Class or,

alternatively, the California, Ohio, New York, Colorado, and Illinois Subclasses may be entitled.

FOURTH CLAIM FOR RELIEF

(Breach of Implied Warranty Pursuant to Song-Beverly Consumer Warranty Act, California Civil

Code §§ 1792 and 1791.1, et seq.)

On Behalf of Plaintiff Falk the California Subclass

143. Plaintiff Falk, individually and for the California Subclass, hereby incorporates the


144. Plaintiff Falk, the Class, and Subclass Members are “buyers” within the meaning of the

Song-Beverly Consumer Warranty Act, California Civil Code § 1791(a).

145. Nissan is a “manufacturer” within the meaning of the Song-Beverly Consumer

Warranty Act, California Civil Code § 1791(j).

146. The class vehicles at issue are “consumer goods” within the meaning of the Song-

Beverly Consumer Warranty Act, California Civil Code § 1791(a).

147. Nissan’s Warranty is an “express warrant[y]” within the meaning of Song-Beverly

Consumer Warranty Act, California Civil Code § 1791.2.

148. At all relevant times, Nissan manufactured, distributed, warranted, and/or sold the class

vehicles. Nissan knew or had reason to know of the specific use for which the class vehicles were

purchased or leased.

149. Nissan provided an implied warranty to Plaintiff Falk and California Subclass

Members, which warranted that the class vehicles, including the components parts, are merchantable

and fit for the ordinary purposes for which they were sold. However, inter alia, the transmissions in



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the class vehicles suffer from an inherent defect at the time of sale and, thereafter, are not fit for their

ordinary purpose of providing reasonably safe and reliable transportation.

150. Nissan impliedly warranted that the class vehicles are of merchantable quality and fit

for such use. The implied warranty includes, among other things: (i) a warranty that the class vehicles

manufactured, supplied, distributed, and/or sold by Nissan are safe and reliable for providing

transportation; and (ii) a warranty that the class vehicles are fit for their intended use.

151. Contrary to the applicable implied warranties, the class vehicles, at the time of sale and

thereafter, were not fit for their ordinary and intended purpose of providing Plaintiff Falk and

California Subclass Members with reliable, durable, and safe transportation. Instead, the transmissions

in class vehicles are defective and suffer from transmission failures that compromise the reliability,

durability, and safety of class vehicles.

152. As a result of Nissan’s breach of the applicable implied warranties, owners and/or

lessees of the class vehicles have suffered an ascertainable loss of money, property, and/or value of

their class vehicles. Additionally, as a result of the transmission defect, Plaintiff Falk and California

Subclass Members were harmed and suffered actual damages in that the class vehicles’ transmission

are substantially certain to fail or have failed before their expected useful life has run. The

transmission failures create a high risk of accidents, injuries, and even death.

153. Nissan’s actions, as complained of herein, breached the implied warranty that the class

vehicles were of merchantable quality and fit for such use, in violation of California Civil Code §§

1792 and 1791.1, et seq.

154. Plaintiff Falk and the California Subclass seek full compensatory damages allowable by

law, attorneys’ fees, costs, the repair or replacement of all class vehicles the refund of money paid to

own or lease all class vehicles, and any other relief to which Plaintiffs and the California Subclass may

be entitled.

FIFTH CLAIM FOR RELIEF

(Violation of California’s Consumer Legal Remedies Act,

California Civil Code §§ 175, et seq.)

On Behalf of Plaintiff Falk and the California Subclass



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155. Plaintiff Falk, individually and on behalf of the California Subclass, hereby

incorporates the allegations in paragraphs 1 through 115 as though fully set forth herein.

156. Defendant Nissan North America, Inc. is a “person” as defined by California Civil

Code § l761(c).

157. Plaintiff Falk and California Subclass Members are “consumers” within the meaning of

California Civil Code §1761(d) because they purchased their class vehicles primarily for personal,

family, or household use.

158. By failing to disclose and concealing the defective nature of the transmissions from

Plaintiff Falk and prospective California Subclass Members, Nissan violated California Civil Code §

1770(a), as they represented that the class vehicles and their transmissions had characteristics and

benefits that they do not have and represented that the class vehicles and their transmissions were of a

particular standard, quality, or grade when they were of another. See Cal. Civ. Code §§ 1770(a)(5) &

(7).

159. Nissan’s unfair and deceptive acts or practices occurred repeatedly in Nissan’s trade or

business, were capable of deceiving a substantial portion of the purchasing public, and imposed a

serious safety risk on the public.

160. Nissan knew that the class vehicles and their transmissions suffered from an inherent

defect, were defectively manufactured or contained defective materials, and were not suitable for their

intended use and as a result of the defect known to Nissan as alleged herein, created an unreasonable

safety risk for class members.

161. As a result of their reliance on Nissan’s omissions and/or misrepresentations, owners

and/or lessees of the class vehicles suffered an ascertainable loss of money, property, and/or value of


Subclass Members were harmed and suffered actual damages in that the class vehicles’ transmission or

transmission components are substantially certain to fail or have failed before their expected useful life

has run.

162. Nissan had a duty to Plaintiff Falk and California Subclass Members to disclose the

defective nature of the transmissions and/or the associated repair costs because:



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a. Nissan was in a superior position to know the true state of facts about the safety

defect in the class vehicles’ transmissions;

b. Plaintiff Falk and California Subclass Members could not reasonably have been

expected to learn or discover that their transmissions had a dangerous safety defect

until it manifested; and

c. Nissan knew that Plaintiff Falk and California Subclass Members could not

reasonably have been expected to learn of or discover the safety defect.

163. In failing to disclose the defective nature of the transmissions, Nissan knowingly and

intentionally omitted material facts and breached its duty not to do so.

164. The facts about the transmission defect that Nissan concealed from or failed to disclose

to Plaintiff Falk and California Subclass Members are material in that a reasonable consumer would

have considered them to be important in deciding whether to purchase or lease the class vehicles or

pay less for them. Had Plaintiff Falk and California Subclass Members known that the class vehicles’

transmissions were defective, they would not have purchased or leased the class vehicles or would

have paid less for them.

165. Plaintiff Falk and California Subclass Members are reasonable consumers who do not

expect the transmissions installed in their vehicles to exhibit the aforementioned transmission failures.

166. As a result of Nissan’s conduct, Plaintiff Falk and California Subclass Members were

harmed and suffered actual damages in that the class vehicles experienced and may continue to

experience the aforementioned transmission failures. As a direct and proximate result of Nissan’s

unfair or deceptive acts or practices, Plaintiff Falk and California Subclass Members suffered and will

continue to suffer actual damages.

167. Plaintiffs sent Nissan a letter on August 21, 2017 by United States Postal Service

Certified Mail and FedEx Priority Overnight that provided notice of its violations of the CLRA

pursuant to California Civil Code § 1782(a) sent. If, within 30 days of its receipt of that notice, Nissan

fails to provide appropriate relief for their violations of the CLRA, Plaintiffs will amend this

Complaint to seek monetary, compensatory, and punitive damages, in addition to the injunctive and

equitable relief that they seek now.



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168. Plaintiff Falk and California Subclass Members are entitled to the injunctive and

equitable relief that they seek, along with any other remedies available by law.

SIXTH CLAIM FOR RELIEF

(Violation of California’s Business & Professions Code § 17000, et seq.)

On Behalf of Plaintiff Falk and the California Subclass

169. Plaintiff Falk, individually and on behalf of the California Subclass, hereby

incorporates the allegations in paragraphs 1 through 115 as though fully set forth herein.

170. California Business & Professions Code § 17200 prohibits acts of “unfair competition,”

including any “unlawful, unfair or fraudulent business act or practice” and “unfair, deceptive, untrue

or misleading advertising.”

171. Reasonable consumers, such as Plaintiff Falk and California Subclass Members, do not

expect their transmissions to exhibit problems such as shaking, juddering, shuddering, jerking, delayed

acceleration, and, eventually, complete transmission failure.

172. Nissan knew the class vehicles and their transmissions suffered from inherent defects,

were defectively designed or manufactured, would fail prematurely, and were not suitable for their

intended use and created an unreasonable safety risk.

173. In failing to disclose the defects with the transmission, Nissan knowingly and

intentionally concealed material facts and breached its duty not to do so.

174. By their conduct, Nissan has engaged in unfair competition and unlawful, unfair, and

fraudulent business practices.

175. Nissan had a duty to Plaintiff Falk and California Subclass Members to disclose the

defective nature of the class vehicles and their transmissions because:

a. Nissan was in a superior position to know the true facts about the safety defect in the

class vehicles’ transmissions;

b. Nissan made partial disclosures about the quality of the class vehicles without

revealing the defective nature of the class vehicles and their transmissions; and

c. Nissan actively concealed the defective nature of the class vehicles and their

transmissions from Plaintiff Falk and the California Subclass.



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176. The facts regarding the transmission defect that Nissan concealed from or failed to

disclose to Plaintiff Falk and California Subclass are material in that a reasonable person would have

considered them to be important in deciding whether to purchase or lease class vehicles. Had Plaintiff

Falk and California Subclass Members known that the class vehicles’ transmissions were defective

and posed a safety hazard, then Plaintiff Falk and California Subclass Members would not have

purchased or leased class vehicles equipped with transmissions, or would have paid less for them.

177. Nissan continues to conceal the defective nature of the class vehicles and their

transmissions even after Class Members began to report problems.

178. Nissan’s conduct was and is likely to deceive consumers. Nissan’s unfair or deceptive

acts or practices occurred repeatedly in Nissan’s trade or business, and were capable of deceiving a

substantial portion of the purchasing public.

179. Nissan’s acts, conduct and practices were unlawful, in that they constituted:

a. Violations of the California Consumer Legal Remedies Act;

b. Violations of the Song-Beverly Consumer Warranty Act; and

c. Violations of the express warranty provisions of California Commercial Code section

2313.

180. As a result of their reliance on Nissan’s omissions and/or misrepresentations, owners

and/or lessees of the class vehicles suffered an ascertainable loss of money, property, and/or value of


Subclass Members were harmed and suffered actual damages in that the class vehicles’ transmission

and/or transmission components are substantially certain to fail before their expected useful life has

run.

181. As a direct and proximate result of Nissan’s unfair and deceptive practices, Plaintiff

Falk and the California Subclass have suffered and will continue to suffer actual damages.

182. Nissan has been unjustly enriched and should be required to make restitution to

Plaintiff Falk and the California Subclass pursuant to §§ 17203 and 17204 of the Business &

Professions Code.

183. Plaintiff Falk and the California Subclass seek all remedies available pursuant to



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§17070, et seq. of the Business & Professions Code, including full compensatory damages allowable

by law, attorneys’ fees, costs, the repair or replacement of all class vehicles the refund of money paid

to own or lease all class vehicles, appropriate equitable relief including injunctive relief, a declaratory

judgment, a court order enjoining Nissan’s wrongful acts and practices, and any other relief to which

Plaintiff and the California Subclass may be entitled.

SEVENTH CLAIM FOR RELIEF

(Ohio Consumer Sales Practices Act,

Ohio Rev. Code. § 1345.01, et seq.)

On Behalf of Plaintiff Jayavelu and the Ohio Subclass

184. Plaintiff hereby incorporates by reference the allegations in paragraphs 1 through 115

as though set forth fully herein, and further states:

185. Nissan is a “supplier,” as defined by Ohio Rev. Code § 1345.01.

186. Plaintiff Jayavelu and the Ohio Subclass Members are “consumers,” as defined by Ohio

Rev. Code § 1345.01.

187. As a result of placing a defective product into the stream of commerce, Nissan has

breached its implied warranty in tort, which is an unfair and deceptive act as defined in Ohio Rev.

Code § 1345.09(B).

188. Nissan has committed unfair and deceptive acts, in violation of Ohio’s Consumer Sales

Practices Act, by knowingly placing into the stream of commerce Class Vehicles equipped with

defective transmissions that result in, among other problems, sudden and unexpected failure of the

vehicles’ power.

189. Moreover, Nissan has committed unfair, deceptive, and unconscionable acts by

knowingly concealing the defect in the class vehicles, failing to inform Plaintiff Jayavelu and the other

Ohio Subclass Members of this defect, and in the following ways:

a. At the time of sale, Defendant knowingly misrepresented and intentionally omitted

and concealed material information regarding the class vehicles by failing to disclose

to Plaintiff Jayavelu and Ohio Subclass Members the known defects in the

transmissions and the known risks associated therewith.



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b. Thereafter, Defendant failed to disclose the defects to Plaintiff Jayavelu and the Ohio

Subclass Members, either through warnings or recall notices, and/or actively

concealed from them the fact that the class vehicles’ transmissions were defective,

even though Nissan knew of such defects: (1) at the time of manufacturing, during

pre-market testing; (2) at the point where NHTSA began to record complaints about

the defect in October 2012; or, at the latest, (3) from its own Technical Service

Bulletins dating back to January 2013.

c. Defendant forced Plaintiff Jayavelu and Ohio Subclass Members to expend sums of

money at its dealerships and elsewhere to repair and/or replace the defective

transmissions on the class vehicles, despite Defendant’s prior knowledge of the

defects at the time of purchase.

d. Additionally, Defendant, in administering the Warranty, engaged in materially

misleading deceptive acts and practices by replacing failing transmissions with

equally defective units and denying the existence of and refusing to repair the widely

known problems with the transmissions without a particular code appearing in the

vehicles’ computers.

e. Furthermore, Defendant engaged in materially misleading and deceptive acts by

continuing to sell the class vehicles to the consuming public and to represent that

these vehicles were in good working order, merchantable, and not defective, despite

Defendant’s knowledge that the vehicles would not perform as intended, represented,

and warranted and that the above described defects would cause purchasers to incur

significant out-of-pocket costs and expenses.

196. The aforementioned conduct is and was deceptive and false and constitutes an

unconscionable, unfair, and deceptive act or practice in that Defendant has, through knowing,

intentional, and material omissions, concealed the true defective nature of the transmissions.

197. By making these misrepresentations of fact and/or material omissions to prospective

customers while knowing such representations to be false, Defendant has misrepresented and/or

knowingly and intentionally concealed material facts in breach of its duty not to do so.



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198. Members of the public were deceived by Defendant’s failure to disclose and could not

discover the defect themselves before suffering their injuries.

199. The Ohio Attorney General has made available for public inspection prior state court

decisions which have held that acts and omissions similar to kinds alleged in this Complaint, including,

but not limited to, the concealment and/or non-disclosure of a dangerous defect, constitute deceptive

sales practices in violation of Ohio’s Consumer Sales Practices Act. These cases include, but are not

limited to, the following:

a. Mason v. Mercedes Benz USA, LLC (OPIF #10002382);

b. State ex rel. Betty D. Montgomery v. Ford Motor Co. (OPIF #10002123);

c. State ex rel. Betty D. Montgomery v. Bridgestone/Firestone, Inc. (OPIF #10002025);

d. Bellinger v. HewJayavelu-Packard Co., No. 20744, 2002 Ohio App. LEXIS 1573

(Ohio Ct. App. Apr. 10, 2002) (OPIF #10002077);

e. Borror v. MarineMax of Ohio, No. OT-06-010, 2007 Ohio App. LEXIS 525 (Ohio

Ct. App. Feb. 9, 2007) (OPIF #10002388);

f. State ex rel. Jim Petro v. Craftmatic Organization, Inc. (OPIF #10002347);

g. Mark J. Cranford, et al. v. Joseph Airport Toyota, Inc. (OPIF #10001586);

h. State ex rel. William J. Brown v. Harold Lyons, et al. (OPIF #10000304);

i. Brinkman v. Mazda Motor of America, Inc., (OPIF #10001427);

j. Khouri v. Don Lewis, (OPIF #100001995);

k. Mosley v. Performance Mitsubishi aka Automanage, (OPIF #10001326);

l. Walls v. Harry Williams dba Butch’s Auto Sales, (OPIF #10001524); and,

m. Brown v. Spears, (OPIF #10000403).

200. Nissan committed these and other unfair and deceptive acts in connection with the

marketing and sale of the class vehicles.

201. As a direct and proximate result of these unconscionable, unfair, and deceptive acts or

practices, Plaintiff Jayavelu and Ohio Subclass Members have been damaged because they: purchased

class vehicles they otherwise would not have purchased, paid more for Class Vehicles than they

otherwise would have paid, paid for transmission diagnoses, repairs, and replacements, towing, and/or



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rental cars, and are left with class vehicles of diminished value and utility because of the defect.

Meanwhile, Nissan has sold more class vehicles than it otherwise could and charged inflated prices for

class vehicles, thereby unjustly enriching itself.

202. Plaintiff Jayavelu and Ohio Subclass Members seek restitution of the substantial sums of

money they expended, including to replace their Nissan Sentras’ defective transmissions, which

Defendant knew about prior to the sale of the class vehicles.

203. Plaintiff Jayavelu and the Ohio Subclass also seek appropriate equitable relief, including

an order requiring Nissan to adequately disclose and remediate the transmission defect and enjoining

Nissan from incorporating the defective transmissions into its vehicles in the future.

204. Nissan is liable to Plaintiff Jayavelu and the other Ohio Subclass Members for

compensatory damages, injunctive/equitable relief, and attorneys’ fees pursuant to Ohio Rev. Code §

1345.09.

EIGHTH CLAIM FOR RELIEF

(Deceptive Acts and Practices Unlawful,

N.Y. Gen. Bus. Law § 349, et seq.)

On Behalf of Plaintiff Cruz and the New York Subclass

205. Plaintiff Cruz hereby incorporates by reference the allegations in paragraphs 1 through

115 as though set forth fully herein.

206. Plaintiff Cruz asserts this cause of action on behalf of herself and the New York

Subclass Members.

207. Defendant sold and/or leased the Class Vehicles knowingly concealing that they

contained the defects alleged.

208. Defendant’s acts are and were deceptive acts or practices which are and/or were, likely

to mislead a reasonable consumer purchasing the class vehicles. Nissan’s aforementioned deceptive

acts and practices are material, in part, because they concern an essential facet of the class vehicles’

functionality and safety. The sale and distribution of the class vehicles in New York was a consumer-

oriented act and thereby falls under the New York deceptive acts and practices statute, General

Business Law Section 349.



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209. Defendant’s practices, acts, policies and course of conduct violated New York’s General

Business Law Section 349 Deceptive Acts and Practices, N.Y. Gen. Bus. Law § 349 (McKinney), et

seq., in that:

a. At the time of sale, Defendant knowingly misrepresented and intentionally omitted

and concealed material information regarding the class vehicles by failing to disclose

to Plaintiff Cruz and New York Subclass Members the known defects in the

transmissions and the known risks associated therewith.

b. Thereafter, Defendant failed to disclose the defects to Plaintiff Cruz and the New

York Subclass Members, either through warnings or recall notices, and/or actively

concealed from them the fact that the class vehicles’ transmissions were defective,

despite the fact that the company knew of such defects: (1) at the time of

manufacturing, during pre-market testing; (2) at the point where NHTSA began to

record complaints about the defect in October 2012; or, at the latest, (3) from its own

Technical Service Bulletins dating back to January 2013.

c. Defendant forced Plaintiff Cruz and the New York Subclass Members to expend

sums of money at its dealerships to repair and/or replace the defective transmissions,

despite the fact that Defendant had prior knowledge of the defects at the time of

purchase.

d. Additionally, Defendant, in administering the Warranty, engaged in materially

misleading deceptive acts and practices by replacing failing transmissions with

equally defective units and denying the existence of and refusing to repair the widely

known problems with the transmissions without a particular code appearing in the

vehicles’ computers.

e. Furthermore, Defendant engaged in materially misleading and deceptive acts by

continuing to sell the class vehicles to the consuming public and to represent that

these vehicles were in good working order, merchantable, and not defective, despite

Defendant’s knowledge that the vehicles would not perform as intended,



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represented, and warranted and that the above described defects would cause

purchasers to incur significant out-of-pocket costs and expenses.

210. The aforementioned conduct is and was deceptive and false and constitutes an

unconscionable, unfair, and deceptive act or practice in that Defendant has, through knowing,

intentional, and material omissions, concealed the true, defective nature of the transmissions in Nissan

Sentras.

211. By making these misrepresentations of fact and/or material omissions to prospective

customers while knowing such representations to be false, Defendant has misrepresented and/or

knowingly and intentionally concealed material facts and breached its duty not to do so.

212. Defendant’s misrepresentations of fact and/or material omissions caused injury and

actual damages to Plaintiff and the New York Class Members.

213. Members of the public were deceived by Defendant’s failure to disclose and could not

discover the defect themselves before suffering their injuries. As a direct and proximate result of these

unconscionable, unfair, and deceptive acts or practices, Plaintiff Cruz and the New York Class

Members have been damaged as alleged herein, and are entitled to recover actual damages to the extent

permitted by law, including class action rules, in an amount to be proven at trial.

214. Plaintiff Cruz and New York Subclass Members seek restitution of the substantial sums

of money they expended to replace their Nissan Sentras’ defective transmissions, which Defendant

knew about prior to the sale of the class vehicles and further seek statutory damages or actual damages,

whichever is greater for their consumer-related injuries..

215. Plaintiff Cruz and New York Subclass Members also seek appropriate equitable relief,

including an order requiring Nissan to adequately disclose and remediate the transmission defect and an

order enjoining Nissan from incorporating the defective transmissions into its vehicles in the future.

NINTH CLAIM FOR RELIEF

(Colorado’s Consumer Protection Act,

Col. Rev. Stat. § 6-1-101, et seq.)

On Behalf of Plaintiff Trotter and the Colorado Subclass



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216. Plaintiff Trotter, individually and for the Colorado Subclass, hereby incorporates the


217. Nissan is a “person,” as defined by § 6-1-102(6) of the Colorado Consumer Protection

Act (“Colorado CPA”).

218. Plaintiff Trotter and the Colorado Subclass are “consumers,” as defined by the Col.

Rev. Stat. § 6-1-113(1)(a), who purchased or leased one or more class vehicles.

219. The Colorado CPA prohibits deceptive trade practices in the course of a person’s

business. Nissan engaged in deceptive trade practices prohibited by the Colorado CPA, including: (1)

knowingly making a false representation as to the characteristics, uses, and benefits of the class

vehicles that had the capacity or tendency to deceive Plaintiff Trotter and Colorado Subclass Members;

(2) representing that the class vehicles are of a particular standard, quality, and grade even though

Nissan knew or should have known they are not; (3) advertising the class vehicles and/or the defective

CVT installed in them with the intent not to sell or lease them as advertised; and (4) failing to disclose

material information concerning the class vehicles that was known to Nissan at the time of

advertisement, sale or lease with the intent to induce Plaintiff Trotter and the Colorado Subclass

Members to purchase, lease or retain the class vehicles.

220. In the course of its business, Nissan failed to disclose and actively concealed the dangers

and risks posed by the class vehicles as described herein and otherwise engaged in activities with a

tendency or capacity to deceive. Nissan also engaged in unlawful trade practices by employing

deception, deceptive acts or practices, fraud, misrepresentations, or concealment, suppression or

omission of any material fact with intent that others rely upon such concealment, suppression or

omission, in connection with the sale or lease of the class vehicles.

221. Nissan’s actions as set forth above occurred in the conduct of trade or commerce.

Nissan’s unfair or deceptive acts or practices, including these concealments, omissions, and

suppressions of material facts, had a tendency or capacity to mislead, tended to create a false

impression in consumers, were likely to and did in fact deceive reasonable consumers, including

Plaintiff Trotter and the Colorado Subclass, about the true safety and reliability of the class vehicles,

the quality of Nissan’s brands, and the true value of the class vehicles.



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222. Nissan intentionally and knowingly misrepresented material facts regarding the class

vehicles with intent to mislead Plaintiff Trotter and the Colorado Subclass.

223. Nissan knew or should have known that its conduct violated the Colorado CPA.

224. Nissan owed Plaintiff Trotter and the Colorado Subclass a duty to disclose the true

safety and reliability of the class vehicles because Nissan:

a. Possessed exclusive knowledge of the dangers and risks posed by the foregoing;

b. Intentionally concealed the foregoing from Plaintiff Trotter and the Colorado

Subclass; and/or

c. Made incomplete representations about the safety and reliability of the foregoing

generally, while purposefully withholding material facts from Plaintiff Trotter and

the Colorado Subclass that contradicted these representations.

225. In light of the class vehicles’ defect, and the stigma attached to class vehicles due to the

defect and Nissan’s failure to disclose the same, the class vehicles are now worth significantly less than

they would be otherwise. A vehicle made by a reputable manufacturer of safe vehicles is worth more

than an otherwise comparable vehicle made by a manufacturer that consumers learn makes unsafe

vehicles and conceals defects rather than promptly remedying them.

226. Plaintiff Trotter and the Colorado Subclass suffered ascertainable loss caused by

Nissan’s misrepresentations and its failure to disclose material information. Had they been aware of the

class vehicles’ defect, Plaintiff Trotter and the Colorado Subclass would have paid less for their class

vehicles or would not have purchased or leased them at all. Plaintiff Trotter and the Colorado Subclass

did not receive the benefit of their bargain as a result of Nissan’s misconduct.

227. Plaintiff Trotter and the Colorado Subclass risk irreparable injury as a result of Nissan’s

acts and omissions in violation of the Colorado CPA, and these violations present a continuing risk to

Plaintiff Trotter and the Colorado Subclass, and the general public. Nissan’s unlawful acts and practices

complained of herein affect the public interest.

228. As a direct and proximate result of Nissan’s violations of the Colorado CPA, Plaintiff

Trotter and the Colorado Subclass have suffered injury-in-fact and/or actual damage.



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229. Pursuant to Colo. Rev. Stat. § 6-1-113, Plaintiff Trotter individually and on behalf of the

Colorado Subclass, seeks monetary relief against NISSAN measured as the greater of (a) actual

damages in an amount to be determined at trial and discretionary trebling of such damages, or (b)

statutory damages in the amount of $500 for each Plaintiff Trotter and each Member of the Colorado

Subclass.

230. Plaintiff Trotter also seeks an order enjoining Nissan’s unfair, unlawful, and/or

deceptive practices, declaratory relief, attorneys’ fees, and any other just and proper relief available

under the Colorado CPA.

TENTH CLAIM FOR RELIEF

(Illinois Uniform Deceptive Trade Practices Act

815 ILCA 510/1, et seq.)

On Behalf of Plaintiff Macri and the Illinois Subclass

231. Plaintiff Macri, individually and for the Illinois Subclass, hereby incorporates the


232. Plaintiff Macri and Illinois Subclass Members are “person[s,]” as defined by 815 ILCS

510/1.

233. Defendant Nissan North America, Inc. is a “person” as defined by 815 ILCS 510/1.

234. By representing that the class vehicles had characteristics and benefits that they do not

have and represented that the class vehicles and their transmissions were of a particular standard,

quality, or grade when they were of another, Nissan violated 815 ILCS 510/1(a)(5) & (a)(7).

235. Nissan misrepresented that the class vehicles were free from defects in their

transmissions.

236. Nissan knew of the defects in the transmissions of the class vehicles, including in

Plaintiff Macri’s 2013 Sentra, at the time the vehicles were purchased.

237. Nissan concealed the defects in the class vehicles from Plaintiff Amanda Macri and

other members of the Illinois Subclass.



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238. Had Plaintiff Macri and Illinois Subclass Members known that the class vehicles’

transmissions were defective, they would not have purchased or leased the class vehicles or

would have paid less for them.

239. As a result of Nissan’s conduct, Plaintiff Macri and Illinois Subclass Members

were harmed and suffered actual damages in that the class vehicles experienced and may continue

to experience the aforementioned transmission failures.

240. As a direct and proximate result of Nissan’s unfair or deceptive acts or practices,

Plaintiff Macri and Illinois Subclass Members suffered and will continue to suffer actual damages.

241. Plaintiff Macri and Illinois Subclass Members are entitled to injunctive relief,

attorneys’ fees and costs, and any other relief provided by law.

ELEVENTH CLAIM FOR RELIEF

(Illinois’ Consumer Fraud and Deceptive Business Practices Act

815 ILCS 505/1, et seq.)

On Behalf of Plaintiff Macri and the Illinois Subclass

242. Plaintiff Macri, individually and for the Illinois Subclass, hereby incorporates the


243. Plaintiff Macri and Illinois Subclass Members are “person[s,]” as defined by 815 ILCS

505/1(c).

244. Defendant Nissan North America, Inc. is a “person” as defined by 815 ILCS 505/1(c).

245. By offering the class vehicles for sale through its authorized dealers, selling the class

vehicles, and distributing the class vehicles, Nissan engaged in “trade” and “commerce” as defined by

815 ILCS 505/1(f).

246. By misrepresenting that the class vehicles did not contain a defect and that Nissan

could repair the defect in parts covered under the Warranty, omitting the existence of a transmission

defect in class vehicles at the time of purchase and when owners brought their vehicles in for repair

due to the transmission failures, and failing to advise owners of class vehicles of the transmission

defect post-purchase, Nissan engaged in unfair and deceptive practices in the conduct of trade or

commerce in violation of 815 ILCS 505/2.



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247. Nissan knew of the defects in the transmissions of the class vehicles, including in

Plaintiff Macri’s 2013 Sentra, at the time the vehicles were purchased.

248. Nissan intended for Plaintiff Macri and the Illinois Subclass to rely on its

misrepresentations and omissions and purchase the class vehicles under the assumption that they were

safe to operate and did not contain a defect in parts covered under the Warranty that Nissan could not

fix.

249. Had Plaintiff Macri and Illinois Subclass Members known that the class vehicles’

transmissions were defective, they would not have purchased or leased the class vehicles or

would have paid less for them.

250. As a result of Nissan’s conduct, Plaintiff Macri and Illinois Subclass Members

were harmed and suffered actual damages in that the class vehicles experienced and may continue

to experience the aforementioned transmission failures.

251. As a direct and proximate result of Nissan’s unfair or deceptive acts or practices,

Plaintiff Macri and Illinois Subclass Members suffered and will continue to suffer actual damages.

252. Plaintiff Macri and Illinois Subclass Members are entitled to actual damages,

punitive damages, injunctive relief, attorneys’ fees and costs, and any other relief provided by law.

TWELFTH CLAIM FOR RELIEF

(Equitable Injunctive and Declaratory Relief)

On Behalf of the Class or, Alternatively, on Behalf of the California, Ohio, New York, Colorado and

Illinois Subclasses and Their Named Representatives

253. Plaintiffs, individually and on behalf of the Class or, in the alternative, the California,

Ohio, New York, Colorado and Illinois Subclasses hereby incorporate the allegations in paragraphs 1

through 115 as though fully set forth herein.

254. Nissan is under a continuing duty to inform its customers of the nature and existence of

potential defects in the vehicles it sells.

255. Nissan acted uniformly towards Plaintiffs, the Class, and Members of the California,

Ohio, New York, Colorado and Illinois Subclasses by refusing the adequately warn about the dangers

of the transmission defect or offer a permanent repair of the defect.



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256. Plaintiffs, the Class, Members of the California, Ohio, New York, Colorado and Illinois

Subclasses, and the public will suffer irreparable harm if Nissan is not ordered to properly repair all of

the class vehicles immediately, offer rescission to the California, Ohio, New York, Colorado and

Illinois Subclasses, by repurchasing their class vehicles for their full cost, reimbursing the lessees of the

class vehicles the monies they have paid toward their leases, recalling all defective vehicles that are

equipped with the defective transmissions, and ceasing and desisting from marketing, advertising,

selling, and leasing the class vehicles.

257. Such irreparable harm includes, but is not limited to, likely injuries as a result of the

transmission defects to the class vehicles.

258. Plaintiffs and the Class or, alternatively, the California, Ohio, New York, Colorado and

Illinois Subclasses seek appropriate equitable relief including injunctive relief, a declaratory judgment,

a court order enjoining Nissan’s wrongful acts and practices, the repair or replacement of all class

vehicles, the refund of money paid to own or lease all class vehicles, and any other relief to which

Plaintiffs and the Class or, alternatively, the California, Ohio, New York, Colorado and Illinois

Subclasses may be entitled.

THIRTEENTH CLAIM FOR RELIEF

(Declaratory Judgment Act, 28 U.S.C. § 2201, et seq. and Fed. R. Civ. P. 57)

On behalf of the Class or, Alternatively, on Behalf of the California, Ohio, New York, Colorado and

Illinois Subclasses and Their Named Representatives

259. Plaintiffs Falk, Jayavelu, Cruz, Trotter, and Macri, individually and for the Class or,

alternatively, the California, Ohio, New York, Colorado and Illinois Subclasses, hereby incorporate the


260. Declaratory relief is intended to minimize “the danger of avoidable loss and unnecessary

accrual of damages.” 10B Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice

and Procedure § 2751 (3d ed. 1998).

261. There is an actual controversy between Nissan and Plaintiffs concerning whether the

class vehicles’ transmission defect creates an unreasonable safety hazard. Pursuant to 28 U.S.C. § 2201,



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the Court may “declare the rights and legal relations of any interested party seeking such declaration,

whether or not further relief is or could be sought.”

262. Despite long knowing the nature of the class vehicles’ defect and its likelihood of

placing Plaintiffs, the Class, California, Ohio, New York, Colorado and Illinois Subclasses, and the

public at risk of grave injury, Nissan refuses to publicly acknowledge that the class vehicles contain a

dangerous defect. Instead, Nissan has unsuccessfully attempted to remediate the defect without

advising its consumers and other members of the public of the defect. Nissan has uniformly refused to

permanently repair the defect and, upon information and belief, does not always cover the defect under

the warranty.

263. Accordingly, based on Nissan’s failure to act, Plaintiffs seek a declaration that the class

vehicles are defective, as alleged herein, covered under the Warranty, and that the Warranty fails of its

essential purpose because Nissan cannot repair or replace the defective transmissions. The defective

nature of the class vehicles is material and requires disclosure to all persons who own them.

264. The declaratory relief requested herein will generate common answers that will settle the

controversy related to the alleged defective nature of the class vehicles and the reasons for their

repeated failure. There is an economy to resolving these issues as they have the potential to eliminate

the need for continued and repeated litigation.

FOURTEENTH CLAIM FOR RELIEF

(Unjust Enrichment)

On behalf of the Class or, Alternatively, on Behalf of the California, Ohio, New York, Colorado and

Illinois Subclasses and Their Named Representatives.

265. In the alternative, Plaintiffs Falk, Jayavelu, Cruz, Trotter, and Macri, individually and

for the Class or, alternatively, the Pennsylvania, California, New Jersey, and Florida Subclasses, hereby

incorporate the allegations in paragraphs 1 through 115 as though fully set forth herein.

266. Nissan knew or should have known that Plaintiffs, the Class, and the California, Ohio,

New York, Colorado and Illinois Subclasses paid for the class vehicles with the expectation that they

would perform as represented.

267. Plaintiffs, the Class, and the California, Ohio, New York, Colorado and Illinois



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Subclasses conferred substantial benefits on Nissan by purchasing the defective class vehicles. Nissan

knowingly and willingly accepted and enjoyed those benefits.

268. Nissan’s retention of these benefits is inequitable.

269. As a direct and proximate cause of Nissan’s unjust enrichment, Plaintiffs, the Class or,

in the alternative the California, Ohio, New York, Colorado and Illinois Subclasses, are entitled to an

accounting, restitution, attorneys’ fees, costs and interest.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs, individually and on behalf of all others similarly situated, pray for a

judgment against Nissan as follows:

A. For an order certifying the Class and/or Subclasses, appointing Plaintiffs as

representatives of the Class and each Subclass, and appointing the law firms representing Plaintiffs as

counsel for the Class;

B. For a declaration that the transmissions in class vehicles are defective, the remedial work

necessary to correct the defective transmissions is covered by the Warranty, and the Warranty fails of

its essential purpose;

C. For compensatory damages and/or restitution or refund of all funds acquired by Nissan

from Plaintiffs as a result of Nissan’s unlawful, unfair, deceptive and unconscionable practices

described herein and in the consumer protection statutes of California, Ohio, New York, Colorado and

Illinois, including actual and/or statutory and/or punitive damages and/or trebled damages to the extent

permitted by law in an amount to be proven at trial;

D. Trebling of damages suffered by the Class and/or appropriate Subclass;

E. Payment of costs and expenses of suit herein incurred;

F. Both pre-and post-judgment interest on any amounts awarded;

G. Payment of reasonable attorneys’ fees and expert fees;

H. Punitive damages where available; and

I. Such other and further relief as the Court may deem proper.

DEMAND FOR JURY TRIAL

Plaintiffs, the Class, and the California, Ohio, New York, Colorado and Illinois Subclasses



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hereby demand trial by jury of all issues triable by right.

Dated: August 22, 2017 BRONSTEIN, GEWIRTZ & GROSSMAN

By: /s/ Shimon Yiftach Shimon Yiftach (SBN 277387) Peretz Bronstein* 1925 Century Park East, Suite 1990 Los Angeles, CA 90067 T: (424) 322-0322 F: (212) 697-7296 [email protected] [email protected]

Gary Mason* Jennifer S. Goldstein** (SBN 310335) WHITFIELD BRYSON & MASON, LLP 5101 Wisconsin Ave., NW Suite 305 Washington, D.C. 20016 T: (202) 429-2290 F: (202) 429-2294 [email protected] [email protected]

Lawrence Deutsch* Jeffrey Osterwise* BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103 T: (215) 875-3062 F: (215) 875-4604 [email protected] [email protected] Nicholas A. Migliaccio* Jason S. Rathod* MIGLIACCIO & RATHOD, LLP 412 H Street N.E., Ste. 302 Washington, DC 20002 T: (202) 470-3520 F: (202 800-2730 [email protected] [email protected]



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Gary S. Graifman, Esq.* Jay I. Brody, Esq.* KANTROWITZ GOLDHAMER & GRAIFMAN, P.C. 747 Chestnut Ridge Road, Suite 200 Chestnut Ridge, New York 10977 T: (845) 356-2570 F: (845) 356-4335 [email protected] [email protected] Daniel Calvert, Esq.* Catherine S. Blackshear, Esq.* PARKER WAICHMAN, LLP 27300 Riverview Center Boulevard Suite 103 Bonita Springs, Florida 34134 T: (239) 390-1000 F: (239) 390-0055 [email protected] [email protected]

Attorneys for Plaintiffs

* Will seek pro hac vice admission

** Will seek admission to this Court



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Plaintiff Michelle Falk’s CLRA Venue Declaration Pursuant to

Cal. Civ. Code § 1780(d)

I, Michelle Falk, declare as follows:

1. I am a plaintiff in this action and a citizen of the State of California. I have personal knowledge

of the facts stated herein and, if called as a witness, I could testify competently thereto.

2. This class action Complaint is filed in the proper place for trial because: (1) the Defendant is

doing business in this District and (2) the transaction at issue, or a substantial portion thereof, took

place in this District.

3. In July 2016, I purchased a Nissan Sentra in the City of Redwood, California, which is in this

District.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true

and correct.

Date Executed: August 22, 2017

–––––––––––––––––––––– Michelle Falk


EXHIBIT A

Case 4:17-cv-04871-HSG Document 1-1 Filed 08/22/17 Page 1 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”


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”


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.”


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


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


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”


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.”


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


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


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


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


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 �S SERVICE

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”


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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

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


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”


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


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


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


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


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-


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.”


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


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,


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.


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)


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.”


EXHIBIT B


1/11

Classification: Reference: Date:

EC12-034 NTB13-001 January 2013, 3

2013 SENTRA; ENGINE HAS HESITATION OR STOPS RUNNING AT IDLE OR VERY LOW SPEEDS

F U

• on or

• on or

• There is a hesitation/lag or the engine stops running when accelerating from a stop.

2.

APPLIED VEHICLE: 2013 Sentra (B17) APPLIED VIN AND DATE Built before 3N1AB7AP(*)DL 650298

And before December 14, 2012

APPLIED TRANSMISSION:

CVT

I YO CONFIRM:

The engine intermittently experiences a small RPM decrease for a short duratistops running during braking, as the vehicle is coming to a stop.

The engine intermittently experiences a small RPM decrease for a short duratistops running when shifting into reverse or drive.

ACTION:

Refer to step 6 in the SERVICE PROCEDURE and use the ECM Part Number to 1. confirm this bulletin applies to the vehicle you are working on.

If this bulletin applies, reprogram the ECM first and if applicable the TCM.

Some vehicles may only require the EC

• M to be reprogrammed and may not require

reprogramming is applicable.

• Refer to Claims Information on next page.

N" (above) is to give you a quick idea of the work you will be

the TCM to be reprogrammed.

• Use Table A on page 6 to determine if TCM

IMPORTANT: The purpose of "ACTIOperforming. 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.

SB-10049659-2371Case 4:17-cv-04871-HSG Document 1-2 Filed 08/22/17 Page 2 of 89

CLAIMS INFOR

MATION

DESCRIPTION OP CODE PFP SYM DIAG FRT RE E CONTROL MODULE DE97AA (1) ZE 32 (2) PROGRAM ENGIN(1) Reference the repair order and use the ECM part number written down in step 6 of th

Service Proce

edure. ) Reference the current Nissan Warranty Flat Rate Manual and use the indicated Flat

And

(2Rate Time.

(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 th

Service Proce

edure. ) Reference the current Nissan Warranty Flat Rate Manual and use the indicated Flat

Rate Time.

(2

2/11 NTB13-001


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

Figure A

• Take the vehicle for a 10 minute drive in order to meet the following Idle Air Volume Learn (IAVL) conditions:

Engine coolant temperature: 70 -100°C (158 - 212°F)

Battery voltage: More than 12.9V (At idle)

Transmission: Warmed up

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


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


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


Table A

ECM MODEL CURRENT ECM PART NUMBER: 23710-

3SB0A 3SG2A

3SA2A, 3SA2B, 3SA2C 3SG3A, 3SG3B, 3SG3C 3SA4A, 3SA4B, 3SA4C 3SA5A, 3SA5B, 3SA5C

2013 Sentra (B17)

3SA8A, 3SA8B, 3SA8C TCM

MODEL CURRENT TCM PART NUMBER: 31036- 3SR0A 3SG0A

2013 Sentra (B17)

3SH0A

6/11 NTB13-001


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.

In this case, 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.


xxxxx-xxxxx xxxxx-xxxxx xxxxxxxxxxxxxxxxxxxxxx

xxxxx-xxxxx xxxxx-xxxxx

Figure 3

7/11 NTB13-001

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):

For ECM reprogramming you will perform Throttle Valve Closed Position, Idle Air Volume Learn, Accelerator Closed Position, and DTC erase.

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


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 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.


• Transmission is in Park.

• All C-III plus / VI cables are

securely connected.

• All C-III plus updates are installed.

• Select Home, and restart

the reprogram procedure from the beginning.

Figure 6

9/11 NTB13-001


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.

Engine coolant temperature: 70 -105° C (158 - 221°F).

Battery voltage: More than 12.9V (At idle).

Selector lever: P or N.

Electric load switch: OFF (Air conditioner, headlamp, and rear window defogger).

Steering wheel: Neutral (Straight-ahead position).

Vehicle speed: Stopped.

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


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 14

Step 13

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


1/13

Reference: Date:

NTB13-022 March 15, 2013

VOLUNTARY SERVICE CAMPAIGN 2013 SENTRA COLD IDLE ECM AND TCM REPROGRAM

CAMPAIGN ID #: P3212

2013 Sentra (B17) APPLIED VEHICLE:

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.


REPAIR OVERVIEW

Use Service COMM (campaign ID P3212) to confirm the vehicle is affected by this campaign.

The vehicle is MT equippedThe vehicle is CVT equipped

Check the ECM P/N for possible reprogramming

Check the ECM and TCM P/Ns for possible

reprogramming

Reprogram the ECM and TCM as they apply

Reprogram the ECM as it applies

END

2/13 NTB13-022


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.


• 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.


Figure A








CAUTION:





3/13 NTB13-022








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





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.



5/13 NTB13-022


Table A (ECM)

MODEL CURRENT ECM PART NUMBER: 23710- 3SB0A 3SG2A

3SA0B, 3SA0A 3SA2C, 3SA2B, 3SA2A 3SG3C, 3SG3B, 3SG3A 3SA4C, 3SA4B, 3SA4A 3SA5C, 3SA5B, 3SA5A

2013 Sentra (B17)

3SA6B, 3SA6A Table B (TCM)

MODEL CURRENT TCM PART NUMBER: 31036-

3SR0A 3SG0A

2013 Sentra (B17)

3SH0A

6/13 NTB13-022


7. Follow the on-screen instructions to navigate C-III plus and reprogram the ECM (and

TCM, if it applies).

NOTE:





Figure 3

7/13 NTB13-022





Step 10

Figure 4

NOTE:


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.


8/13 NTB13-022


ECM/TCM recovery:






are OFF.





Figure 5



(12.0 – 15.5 V).




• All C-III plus / plus VI cables

are securely connected.




Figure 6

9/13 NTB13-022



NOTE: For TCM reprogramming, only erase DTCs as needed.



NOTE:

o Listed below are the conditions required for IAVL to complete.


Engine coolant temperature: 70 -100° C (158 - 212°F).

Battery voltage: More than 12.9V (At idle).

Selector lever: P or N.

Electric load switch: OFF (Air conditioner, headlamp, and rear window defogger).

Steering wheel: Neutral (Straight-ahead position).

Vehicle speed: Stopped.

Transmission: Warmed up (ATF TEMP SE less than 0.9V).


• Erase DTCs.


10/13 NTB13-022




Step 14

Step 13

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.


• Diagnosis and repairs beyond ECM or TCM reprogramming are not covered by this campaign bulletin.

11/13 NTB13-022


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


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


Reference: Date:

NTB13-022a June 27, 2013

VOLUNTARY SERVICE CAMPAIGN 2013 SENTRA COLD IDLE ECM AND TCM REPROGRAM

E .

CAMAPPLIED

INTRODU

Nissan is Module (Especific 2reprogramunder cersafety sta IDENTIFI

Nissan haappear on DEALER

Dealers adepartmetransient


The SERVICE PROCEDURE in this bulletin has been amended to clarify correct CM P/N selection (page 7, step 7). Please discard previous versions of this bulletin

1/13

PAIGN ID #: P3212

2013 Sentra (B17) VEHICLE:

Check Service COMM to confirm campaign eligibility.

CTION conducting a voluntary service campaign to reprogram the Engine Control CM), and if necessary, the Transmission Control Module (TCM) on certain

013 Nissan Sentra vehicles at no charge to the customer for parts or labor. The ming will prevent a condition in which the vehicle's engine may stop running

tain unique conditions at cold start. The vehicle still meets and exceeds applicable ndards and there is no unreasonable risk to motor vehicle safety.

CATION NUMBER s assigned identification number P3212 to this campaign. This number must all communications and documentation of any nature dealing with this campaign.

RESPONSIBILITY re to repair vehicles falling within range of this campaign that enter the service nt. This includes vehicles purchased from private parties, vehicles presented by (tourists) owners, and vehicles in a dealer’s inventory.

REPAIR OVERVIEW

Use Service COMM (campaign ID P3212) to confirm the vehicle is affected by this campaign.

The vehicle is MT equippedThe vehicle is CVT equipped

Check the ECM P/N for possible reprogramming

Check the ECM and TCM P/Ns for possible

reprogramming

Reprogram the ECM and TCM as they apply

Reprogram the ECM as it applies

END

2/13 NTB13-022a


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.


• 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.


Figure A








CAUTION:





3/13 NTB13-022a








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





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.



5/13 NTB13-022a


Table A (ECM)

MODEL CURRENT ECM PART NUMBER: 23710- 3SB0A 3SG2A

3SA0B, 3SA0A 3SA2C, 3SA2B, 3SA2A 3SG3C, 3SG3B, 3SG3A 3SA4C, 3SA4B, 3SA4A 3SA5C, 3SA5B, 3SA5A

2013 Sentra (B17)

3SA6B, 3SA6A Table B (TCM)

MODEL CURRENT TCM PART NUMBER: 31036-

3SR0A 3SG0A

2013 Sentra (B17)

3SH0A

6/13 NTB13-022a


7. Follow the on-screen instructions to navigate C-III plus and reprogram the ECM (and

TCM, if it applies).

NOTE:



Select and use the reprogramming option that DOES have the message “Caution! Use ONLY with NTB13-022”.


Figure 3

7/13 NTB13-022a





Step 10

Figure 4

NOTE:


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.


8/13 NTB13-022a


ECM/TCM recovery:






are OFF.





Figure 5



(12.0 – 15.5 V).




• All C-III plus / plus VI cables

are securely connected.




Figure 6

9/13 NTB13-022a



NOTE: For TCM reprogramming, only erase DTCs as needed.



NOTE:

Listed below are the conditions required for IAVL to complete.

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).


• Erase DTCs.


10/13 NTB13-022a




Step 14

Step 13

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.


• Diagnosis and repairs beyond ECM or TCM reprogramming are not covered by this campaign bulletin.

11/13 NTB13-022a


CLAIMS INFORMATION


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



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


1/10


EC13-008 NTB13-058 May 30, 2013

2013 SENTRA; INTERMITTENT LOW ENGINE RPM AT IDLE

APPLIED VEHICLE: 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.



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

Check Service COMM; campaign ID P3212 / NTB13-022

Campaign does not apply or

it has been completed.

Refer to step 6 in the SERVICE PROCEDURE

to confirm this bulletin applies to the vehicle you are

working on.

Campaign applies and it

has not been completed

This bulletin does not apply

Low engine RPM incident is confirmed.

(See IF YOU CONFIRM on page 1)

Perform campaign ID P3212 / NTB13-022

C

2/10 NTB13-058


SERVICE PROCEDURE

NOTE:


• 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.





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




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


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 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 3SB0B 3SG2B

2013 Sentra (B17)

3SG3D

5/10 NTB13-058


7. Follow the on-screen instructions to navigate C-III plus and reprogram the ECM.

NOTE:




• 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.



Figure 3

6/10 NTB13-058





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


If reprogramming does not complete and the “!?” symbol displays as shown in Figure 5:

Figure 5

If reproFigure

•

•

•

•

•

•

•

•

•

•

•

•


Check battery voltage (12.0 – 15.5V).

Ignition is ON, Ready Mode is OFF.

External Bluetooth® devicesare 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 once.

gramming does not complete and the “X” symbol displays as shown in 6:

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 procedure from the beginning.

8/10 NTB13-058


• Throttle Valve Closed Position

• Idle Air Volume Learn (IAVL)

NOTE:

o Listed below are common conditions required for IAVL to complete.


o Refer to the appropriate Electronic Service Manual (ESM) for specific

conditions required for the vehicle you are working on.

Engine coolant temperature: 70 -100° C (158 - 212°F) Battery voltage: More than 12.9V (At idle) Selector lever: P or N Electric load switch: OFF (Air conditioner, headlamp, rear window defogger) Steering wheel: Neutral (Straight-ahead position) Vehicle speed: Stopped Transmission: Warmed up

• Accelerator Pedal Close Position Learning

• Erase DTCs


9/10 NTB13-058


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

xxxxx

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.


• Diagnosis and repairs beyond ECM reprogramming are not covered by this bulletin.

10/10 NTB13-058



EC13-008a NTB13-058a December 2, 2013

2013 SENTRA; INTERMITTENT LOW ENGINE RPM AT IDLE OR STOPS RUNNING COMING TO A STOP

A

IF

Tru

A 1

2

3 IMwc

NppN


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.

1/11

PPLIED VEHICLE: 2013 Sentra (B17)

YOU CONFIRM: he engine RPM intermittently drops very low while stopped (idling) or the engine stops nning 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

CTION:

. 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.

. Refer to step 6 in the SERVICE PROCEDURE to confirm this bulletin applies to the vehicle you are working on.

. If this bulletin applies, reprogram the ECM.

PORTANT: The purpose of ACTION (above) is to give you a quick idea of the work you ill be performing. You MUST closely follow the entire SERVICE PROCEDURE as it ontains information that is essential to successfully completing this repair. issan Bulletins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are roperly trained individuals who have the equipment, tools, safety instruction, and know-how to do a job roperly and safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO OT assume that it does. See your Nissan dealer to determine if this applies to your vehicle.

Repair Overview



it has been completed.


to confirm this bulletin applies to the vehicle you are

working on.




Low engine RPM incident is confirmed.



2/11 NTB13-058a


SERVICE PROCEDURE

NOTE:








Figure A


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.






3/11 NTB13-058a






VI is recognized

Step 4



4/11 NTB13-058a





xxxxxxxxxxxxxx

6A: Current ECM P/N

xxxx

xxxxxxxxxxxxxx

xxxxxxxxxxxxxx

Figure 2


• If there is a match, this bulletin applies. Continue with the reprogramming

procedure.


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 3SA2E, 3SA4E, 3SA5E

3SB0B, 3SB0C 3SG2B, 3SG2C

2013 Sentra (B17)

3SG3A, 3SG3D, 3SG3E

5/11 NTB13-058a



NOTE:








Figure 3

6/11 NTB13-058a





Step 10

Figure 4

NOTE:




7/11 NTB13-058a


ECM Recovery

Do not disconnect plus VI or shut down C-III plus if reprogramming does not complete.


Figure 5


Figure 6




are OFF.



• “Retry” may not go through

on first attempt and can be selected more than once.

• Check battery voltage (12.0 – 15.5 V).

• CONSULT A/C adapter is

plugged in.



• All C-III plus / VI cables are securely connected.

• All C-III plus updates are

installed.

• Select Home, and restart the reprogram procedure from the beginning.

8/11 NTB13-058a





NOTE:







• Erase DTCs


9/11 NTB13-058a





15. Select Confirm.

Step 13

xxxxx

xxxxx

xxxxxxx

xxxxxxxxxxxxxxxxx

Step 14

Step 15

Figure 7







10/11 NTB13-058a


CLAIMS INFORMATION





11/11 NTB13-058a


Classification: Reference: D ate:

EC13-008b NTB13-058b January 27, 2014

SENTRA; INTERMITTENT LOW ENGINE RPM AT IDLE OR STOPS RUNNING COMING TO A STOP

APPLIED

IF YOU CO

The enginrunning wh

NOTE:

• Lowalte

• The

• The ACTION:

1. Refer t NOTE:

apply. this bu

IMPORTAbe performinformation

Nissan Bulleproperly trainproperly andNOT assum


This bulletin has been amended to APPLIED VEHICLES. ECM part numbers have been added to Table A. Discard all previous versions of this bulletin.

1/11

VEHICLE: 2013 and 2014 Sentra (B17)

NFIRM: e RPM intermittently drops very low while stopped (idling) or the engine stops ile coming to a stop.

These symptoms can occur under the following conditions:

engine RPM at idle while the A/C is off and without any electrical load from the rnator

engine speed (RPM) becomes low while coming to a stop with the A/C on

engine stops running when coming to a stop

o the Repair Overview on page 2 to determine if this bulletin applies.

On certain specific 2013 Sentra vehicles campaign ID P3212 / NTB13-022 may Make sure to use the Repair Overview to determine if the campaign bulletin or lletin applies, or neither apply.

NT: The purpose of ACTION (above) is to give you a quick idea of the work you will ing. You MUST closely follow the entire SERVICE PROCEDURE as it contains that is essential to successfully completing this repair. tins are intended for use by qualified technicians, not 'do-it-yourselfers'. Qualified technicians are ed individuals who have the equipment, tools, safety instruction, and know-how to do a job safely. NOTE: If you believe that a described condition may apply to a particular vehicle, DO e that it does. See your Nissan dealer to determine if this applies to your vehicle.

Repair Overview



it has been completed


to confirm this bulletin applies to the vehicle you are working on




Low/no engine RPM incident is confirmed


2013 Sentra


2014 Sentra

2/11 NTB13-058b


SERVICE PROCEDURE

NOTE:








Figure A


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.






3/11 NTB13-058b



2. Open C-III plus.



VI is recognized

Step 4



4/11 NTB13-058b





xxxxxxxxxxxxxx

6A: Current ECM P/N

xxxx

xxxxxxxxxxxxxx

xxxxxxxxxxxxxx

Figure 2




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 3SA2E, 3SA4E, 3SA5E

3SB0B, 3SB0C 3SG2B, 3SG2C

2013 Sentra

3SG3A, 3SG3D, 3SG3E

2014 Sentra 9AM0A, 9AM1A, 9AM2A, 9AM3A, 9AM4A, 9AM5A

5/11 NTB13-058b



NOTE:








Figure 3

6/11 NTB13-058b





Step 10

Figure 4

NOTE:




7/11 NTB13-058b


ECM Recovery



Figure 5


Figure 6




are OFF.







plugged in.





installed.


8/11 NTB13-058b





NOTE:







• Erase DTCs


9/11 NTB13-058b





15. Select Confirm.

Step 13

xxxxx

xxxxx

xxxxxxx

xxxxxxxxxxxxxxxxx

Step 14

Step 15

Figure 7







10/11 NTB13-058b


CLAIMS INFORMATION





11/11 NTB13-058b


1/10

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)


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.



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.


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.

2/10 NTB15-069


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 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.

3/10 NTB15-069



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 -

2013 - 2014 Sentra

3SR0A, 3SR0B, 3SR0C 3SG0A, 3SG0B, 3SG0C 9AM2A, 9AM2B, 9AM9E

2012-2014 Versa Sedan

3AA6A, 3AA6B, 3AA6C 9KB1B, 9KB1C, 9KB1D

3BE0A, 3BE0B

2014 Versa Note 3VB2A, 3VB2B, 3VB2C

4/10 NTB15-069



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

5/10 NTB15-069



NOTE: If the screen in Figure 4 does not display (which means reprogramming did complete), refer to the information on the next page.


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.

6/10 NTB15-069


ECM recovery:



Figure 5


Figure 6

Check battery voltage (12.0–15.5 V).

Ignition is ON, engine OFF.

External Bluetooth® devices

are OFF.


Select retry and follow the on screen instructions.

“Retry” may not go through


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.

Select Home, and restart the reprogram procedure from the beginning.

7/10 NTB15-069


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


Step 14

Step 13

Step 15

Figure 7 16. Close C-III plus. 17. Turn the ignition OFF. 18. Disconnect the plus VI from the vehicle.

8/10 NTB15-069


CLAIMS INFORMATION


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.

9/10 NTB15-069



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.

10/10 NTB15-069


1/9


AT14-020b NTB14-118b April 7, 2016

JUDDER ON DECELERATION UNDER 15 MPH

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.


This bulletin has been ameneded. Table A on page 4 has been revised. Please discard previous versions of this bulletin.


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.

2/9 NTB14-118b


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.


The serial number will display when the plus VI is recognized.


VI is recognized

Step 10



3/9 NTB14-118b





31036 -XXXXX

12A: Current TCM P/N

xxxxxxxxxxx xxxxxx

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 -

2014 Sentra 9AM2A, 9AM2B, 9AM2C

9AM9E

2015 Sentra 4AT0A, 4AT0B, 4AT0C, 4AT9E

2015 Versa Note 3VB9A, 3VB9B, 3VB9C

2015 Versa Sedan 9KE0A, 9KE0B, 9KE0C

4/9 NTB14-118b


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.


If you get this screen and it is blank (no reprogramming listed), it means there is no


TRANSMISSION

Figure 3

5/9 NTB14-118b



NOTE: If the screen in Figure 4 does not display (indicating that the reprogramming did not complete), refer to the information on page 7.


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.

6/9 NTB14-118b


TCM (Transmission Control Module) recovery NOTE: If reprogramming does not complete and the !? displays as shown in Figure 5:

Figure 5

OR: If reprogramming does not complete and the X displays as shown in Figure 6:

Check battery voltage (12.0 - 15.5V).

Ignition is ON, engine is OFF.

External Bluetooth® devices are OFF.


Select Retry and follow the on screen instructions.

Retry may not go through on the first attempt. It can be selected more than once.


Check battery voltage (12.0 -

15.5V).

CONSULT A/C adapter is plugged in.

Ignition is ON, engine 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 procedure from the beginning.

31036-XXXXX

TRANSMISSION

31036-XXXXX

31036-XXXXX

xxxxxxxxxxx xxxxxx

31036-XXXXX

xxxxxxxxxxx xxxxxx

TRANSMISSION

Figure 6

7/9 NTB14-118b


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


Figure 7

22. Close C-III plus. 23. Turn the ignition OFF. 24. Disconnect the plus VI from the vehicle.

Step 21

Step 19

31036-XXXXX

31036-XXXXX

B17 NISSAN

xxxxxxxxxxx xxxxxx

TRANSMISSION Step 20

8/9 NTB14-118b


CLAIMS INFORMATION


DESCRIPTION PFP OP CODE SYM DIA FRT Reprogram Transmission Control

Module

(1)

JE0AAA

ZE 32

(2)

(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.

9/9 NTB14-118b


EXHIBIT C


CVT Program Details

FAQs

Included Vehicles

About Nissan’s CVT

Contact Nissan Consumer Affairs

Home

Parts and Service Bulletin

Transmission Fluid (PDF)

Related Sites

www.nissanusa.com

www.infinitiusa.com

Frequently Asked Questions

Q1. Why is Nissan implementing this program?

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 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.

Nissan is taking these actions to demonstrate our confidence in the CVT technology and to show our commitment to stand behind our products.

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 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 or related towing, to 10 years/120,000 miles, whichever comes first.

This extension is effective immediately and requires no action on the customer's part. The remainder of the powertrain warranty coverage for components other than the transmission remains unchanged, at 5 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.

Page 1 of 2Nissan CVT Warranty Extension

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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.

Page 2 of 2Nissan CVT Warranty Extension

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EXHIBIT D


1/10


AT13-011a NTB13-095a August 15, 2014

2007-2012 SENTRA; REDUCED PERFORMANCE DUE TO CVT FLUID TEMPERATURE PROTECTION LOGIC

APPLIED VEHICLE:APPLIED ENGINE:

2007-2012 Sentra (B16) 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.


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.


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.

Is the CVT-A count greater than 1?

Yes No

Install the External CVT Fluid Cooler kit.

Go to page 5.

Refer to bulletin NTB12-057 for related service information.

Check the CVT-A and CVT-B counts with C-III plus.

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


SERVICE PROCEDURE Check CVT-A and CVT-B count with C-III plus

1. Open C-III plus and select

Diagnosis (All Systems). 2. Select TRANSMISSION.

Figure 1

Select

Step 2

Figure 2

3/10 NTB13-095a


Figure 3

Figure 4

3. In Data Monitor select TRANSMISSION

and then select CVT-A and CVT-B. 4. Select START. 5. Check both CVT-A and CVT-B counts

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.

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 ESM and NTB12-057 for further diagnosis.

Select CVT-A and CVT-B

CVT-A and CVT-B counts

Step 4

Select TRANSMISSION

Confirm VIN is present

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:

[email protected]

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


SERVICE PROCEDURE 1. Place the vehicle on a lift and raise it as needed to perform the following procedure.

Figure 5

Figure 6

Figure 7

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 lower front radiator/condenser support.

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. 4. Remove the Air Inlet to gain access to

the CVT Fluid Cooler.

Remove Air Inlet

Route hoses past radiator into engine compartment

COOLER ASSY – AUTO TRANS. OIL

Attach with 3 bolts

5/10 NTB13-095a


Unbolt the TCM bracket and place the bracket out of the way

Detach the harness and the battery J-bolt from the TCM

Figure 8

Figure 9

Figure 10

Clamp both coolant hoses to CVT fluid cooler

5. Detach the Engine Room harness and

the battery J-bolt from the TCM bracket. 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

pressure.

a. Wrap a thick cloth around the radiator cap. Slowly turn it a quarter of a turn to release the pressure.

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

TCM moved out of the way and bracket removed

6/10 NTB13-095a


Figure 11

Figure 12

Figure 13

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.

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.

NOTE: Use genuine Nissan Brake Cleaner or equivalent.

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.

CVT Fluid Cooler with coolant hoses removed

Clean surface

Do not disturb oil filter

Coat O-ring with NS-2

7/10 NTB13-095a


Bolt

Bolt

Bolt


CLP – HOSE SPR PLATE




HOSE – AUTO TRANS. LWR

HOSE – AUTO TRANS. UPR

CVT Fluid Cooler

Figure 14 Figure 14 shows overview of external CVT cooler and hose routing.

8/10 NTB13-095a


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.

15. Re-install CVT Water Hose B and CVT

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.

Re-install Water Hose B and C and reposition spring clamps

Figure 15

COOLER ASSY – AUTO TRANS. OIL hoses

Figure 16

16. Place 2 new “CLP – HOSE SPR PLATE” (spring clamps) onto the 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.

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


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


1/10


AT13-011c NTB13-095c November 25, 2015

2007-2012 SENTRA; REDUCED PERFORMANCE DUE TO CVT FLUID TEMPERATURE PROTECTION LOGIC

APPLIED VEHICLE:APPLIED ENGINE:

2007-2012 Sentra (B16) 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.


This bulletin has been amended to revise the flow chart on page 2 with additional repair information. Please discard all previous versions.


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.

Yes No

Is the CVT-A count 24 or more?

And/or

Are 2 or more of the following DTCs stored? P0840 P0845 P0710

Refer to bulletin NTB12-057 for related service information.

Is the CVT-A count greater than 1?

Replace only the Control Valve assembly, and then install the External CVT Fluid Cooler kit.

Go to page 5.

No Yes

Pre-authorization is required before CVT replacement. Print screen showing CVT-A; CVT-B counts for Powertrain Cal Center approval.

Replace the CVT assembly, and then install the External CVT Fluid Cooler kit.

Go to page 5.

Check the CVT-A and CVT-B counts with C-III plus.

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


SERVICE PROCEDURE Check CVT-A and CVT-B count with C-III plus

1. Open C-III plus and select

Diagnosis (All Systems). 2. Select TRANSMISSION.

Figure 1

Select

Step 2

Figure 2

3/10 NTB13-095c


3. In Data Monitor select TRANSMISSION

and then select CVT-A and CVT-B. 4. Select START. 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 IF YOU CONFIRM and/or a DTC are present, refer to the ESM and NTB12-057 for further diagnosis.

Select TRANSMISSION

Select CVT-A and CVT-B

Figure 3

Step 4

Confirm VIN is present

CVT-A and CVT-B counts

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


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 lower front radiator/condenser support.

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. 4. Remove the Air Inlet to gain access to

the CVT Fluid Cooler.

Figure 5

Route hoses past radiator into engine compartment

Figure 6

Remove Air Inlet

Figure 7

5/10 NTB13-095c


Unbolt the TCM bracket and place the bracket out of the way

Detach the harness and the battery J-bolt from the TCM

Figure 8

5. Detach the Engine Room harness and

the battery J-bolt from the TCM bracket. 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

pressure.

a. Wrap a thick cloth around the radiator cap. Slowly turn it a quarter of a turn to release the pressure.

b. Then turn it all the way. 8. Clamp both of the coolant hoses

attached to the CVT Fluid Cooler to prevent coolant loss.

TCM moved out of the way and bracket removed

Figure 9

Clamp both coolant hoses to CVT fluid cooler

CVT Fluid Cooler

Figure 10

6/10 NTB13-095c


Figure 11

Figure 12

Figure 13

CVT Fluid Cooler with coolant hoses removed

Clean surface

Do not disturb oil filter

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.

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.

NOTE: Use genuine Nissan Brake Cleaner or equivalent.

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

7/10 NTB13-095c


Bolt

Bolt

Bolt






HOSE – AUTO TRANS. LWR

HOSE – AUTO TRANS. UPR

CVT Fluid Cooler

Figure 14 Figure 14 shows overview of external CVT cooler and hose routing.

8/10 NTB13-095c


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.

15. Re-install CVT Water Hose B and CVT

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.

Re-install Water Hose B and C and reposition spring clamps

Figure 15

COOLER ASSY – AUTO TRANS. OIL hoses

16. Place 2 new “CLP – HOSE SPR PLATE” (spring clamps) onto the 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.

NOTE: Confirm that the spring clamps are not on top of the fitting bulge or on an angle.

Figure 16

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


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 21606-ZX59A

JD48AAAE 32

(1)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

(2)

JD01AA

ZE 32 (1) Replace Automatic CVT Transaxle

Assembly JD023A

CVT TROUBLE DIAGNOSIS JX22AAOil cooler kit installation JX15AA 1.0


(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


1/19


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.



Repair Flow Chart

Replace the CVT assembly

See page 19 for important

pre-authorization information

Replace the valve body

Evidence of CVT belt slippage

Remove the control valve (valve body),

inspect the CVT belt

The CVT belt checks out OK

MIL ON with DTC P0776 stored

Vehicle may hesitate and/or lack power

2/19 NTB15-086c


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


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


Figure 2

Figure 3

Figure 4

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.

4. Using borescope J-51951 with mirror attachment, inspect the entirety of the two sides of the belt that come in contact with 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.

Clean the camera lens and mirror before each inspection. Use 90% isopropyl alcohol, and a lens swab from Lens Swab packet J-51963 listed in PARTS INFORMATION.

Before inspecting, make sure the camera handle’s AA batteries are fresh and the LCD monitor’s battery is charged.

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.

Belt

Pulley

Case

Step 4cStep 4a

Camera flexible tube

Front

5/19 NTB15-086c


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.

Insert the camera lens in the second location where shown in Figure 3 and 6, and then perform step 4b again.

d. If the inspection result is OK 360° on both sides of the belt, skip to step 5 on 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.

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 Figure 7.

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 5

Pulley

Front

Figure 6

VIN label

Figure 7

6/19 NTB15-086c


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


Figure 9: New belt

Figure 10: Close-up of section to be inspected

8/19 NTB15-086c


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


NG

Scuffing

Figure 13: Example of NG belt

NG

Lines “smeared”


10/19 NTB15-086c


Pictures in Figures 15-17 were taken with borescope J-51951.

NG


NG


NG


11/19 NTB15-086c


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 bracket

Lip seal

Figure 18 Figure 19

3. Install the Control Valve with nine (9)

mounting bolts (Figure 20).

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.

54 mm long bolt – 7 pieces

44 mm long bolt – 2 piece

25 mm long bolt – 2 piece

CAUTION: These two bolts are installed WITHOUT the strainer bracket.

Bolt torque: 8.0 N•m (0.81 kg-m, 70.8 in-lb.)

44 mm bolts

25 mm bolts

Figure 20

Wiring harness

12/19 NTB15-086c


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

Plastic zip tie in center notch Metal bracket

Figure 21

13/19 NTB15-086c


5. Connect the electrical 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 itwill 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.)

Bolt length: 54 mm 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 in-lb.).

54 mm long bolt - 2 pieces.

Harness connector

Figure 22

1 bolt

Figure 23

54 mm bolts

Figure 24

14/19 NTB15-086c


8. Install the manual plate, lock washer, and

nut (Figure 25).

NOTE: Make sure the manual plate fits into the slot of the manual valve before applying torque to the nut.

Reuse the existing manual plate, lock washer, and nut.

Nut torque: 22.5 N•m (2.29 Kg-m, 16.6 ft-lb.)

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.)

Figure 25

Figure 26

13. Install a new drain washer to the drain

plug on the oil pan.

Slot and manual plate end Manual plate

Lock washer

Nut

Manual valve

15/19 NTB15-086c


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.

Inhibitor switch

Air cleaner intake duct

------

Valve cover -----

QR label

Figure 27 Figure 28

16/19 NTB15-086c


PARTS INFORMATION

DESCRIPTION PART NUMBER QUANTITY CVT ASSEMBLY (1) (2) 1

VALVE ASSEMBLY-CONTROL (valve body) (3)

31705-28X0B 1

STRAINER ASSY-OIL, AUTO TRANS 31728-28X0A 1BRACKET (for temperature sensor) 31069-3VX0D 1

BAND (zip tie for sensor bracket) 24224-3VX0A 1GASKET-OIL PAN 31397-1XF0D 1

SEAL-LIP 31528-1XZ0A 1WASHER-DRAIN 11026-JA00A 1

SEAL, O-RING (fluid filler plug gasket) 31526-3VX0B 1

NS-3 CVT Fluid (4) (5) 999MP-NS300P As neededLens 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

Remove protective film before first use

Lens swab J-51963 (not part of J-51951)

Figure 21 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


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


DESCRIPTION PFP OP CODE SYM DIA FRTRPL 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.


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 CVT R&R

(3)

JD01AA JD023A

ZE 32

(4) Rogue

Altima/ Rogue

CVT TROUBLE DIAGNOSIS 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.


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


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


1/20


AT13-017 NTB13-086 September 10, 2013

2013 - 2014 ALTIMA V6 SEDAN AND PATHFINDER; JUDDER DURING LIGHT ACCELERATION

APPLIED VEHICLES, VINS AND DATES:

2013 - 2014 Altima Sedan (L33) with V-6 engine only 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.


FLOW CHART A

A Judder, Bump or Shock sensation is

confirmed (low speed)

Altima V-6 (L33) Pathfinder (R52)

Which vehicle?

Vehicle built before

December 2012?

No

Reprogram the TCM and attempt duplication

Was the Issue duplicated?

Record the data using CIII plus

Pressure Vibration

Replace the CVT

Replace the Torque Converter

Yes

Procedure complete

Campaign NTB13-002

completed prior to 1,000 miles?

Replace the CVT

Yes

No

Yes

No

Analyze CIII plus data

Is Judder “Pressure Vibration” or

“Lock Up Shock”?

Lock Up Shock

2/20 NTB13-086


SERVICE PROCEDURE TCM Reprogramming NOTE:



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.


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.


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.

3/20 NTB13-086


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.

4/20 NTB13-086





TRANSMISSION 6A: Current TCM P/N

Figu

B. Compare the P/N you wrote down to thecolumn in Table A below.

• If there is a match, this reprogrammprocedure.

• If there is not a match, this reprogra

Table A

Model Model Year

Current T

Altima Sedan (L33)

13-14MY

Pathfinder (R52)

13-14MY

5/20


31036 -

re 2

numbers in the Current TCM Part Number

ing applies. Continue with the reprogramming

mming is not needed.

CM Part Number Before Reprogramming:31036 -

3NT0A, 3TA6A

3KA2A 3KD2A

3KA4A, 3KA4B 3KD4A, 3KD4B

NTB13-086

7. Follow the on-screen instructions to navigate C-III plus and reprogram the TCM.

NOTE:






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

6/20 NTB13-086





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


TCM recovery:



Figure 5


Figure 6




are OFF.







plugged in.





installed.


8/20 NTB13-086


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


Step 13

31036 - _ _ _ _ _

31036 - _ _ _ _ _

Step 14

TRANSMISSION

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


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 Clear Monitor Item

4. Select Setting

Figure 8

10/20 NTB13-086


5. Under setting, select settings shown in Figure 9. • Manual trigger.

And then:

• Recording Time: 10sec.

• Sampling Rate: 10msec.

• Trigger Point (Pre/post):

Pre-Trigger 80% 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


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


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


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


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

14/20 NTB13-086


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.

Figure 13

Repetitive Pressure Vibration in PRI and/or SEC Pressure signals.

These variations in PRI and SEC PRESSURE are a normal response to vehicle input.

Vibrations also present in one or more speed signals

Step 11. With mouse, right click here and select “Add graph”

15/20 NTB13-086


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


FLOW CHART B

Check the stamping on the outside of the torque converter

25B 25C 25D 25E

DO NOT Replace the Torque Converter

Replace the Torque Converter

Serial Number

Serial Number

Greater than:

Greater than: Less than

or equal to: Less than or equal to:

35210393

37190633 35210393

DO NOT Replace the

Torque Converter

DO NOT Replace the

Torque Converter

35210393

Replace the Torque

Converter

Replace the Torque

Converter

17/20 NTB13-086


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


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 Module

JE99AA (2)

Diagnose Judder ** (1)

JX25AA ZE 32

1.0

OR


DESCRIPTION PFP OP CODE SYM DIA FRT

Reprogram Transmission Control Module

JE99AA

R&I Automatic CVT Transaxle Assy JD01AA

RPL Torque Converter Assy ** JD043A

RPL Automatic CVT Transaxle JD023A

(2)

Diagnose Judder **

(1)

JX25AA

BE 32

1.0

(1) Refer to Parts Information above and use the Torque Converter Part Number (31100-XXXXX) as the PFP.


** Use these operation codes only if need for the diagnosis and actual repair performed.

19/20 NTB13-086


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


1/11

Reference: Date:

NTB13-002 January 10, 2013

VOLUNTARY SERVICE CAMPAIGN 2013 PATHFINDER TCM REPROGRAM

CAMPAIGN ID #: PC197

APPLIED VEHICLES: 2013 Pathfinder (R52)


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.



SERVICE PROCEDURE




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


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 4

Figure 1

3/11 NTB13-002


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





31036-XXXXX

Current TCM P/N

B. Compare the P/N you wrote down to thcolumn in Table A below.

• If there is a match, this bulletin app

procedure.

• If there is not a match, this bulletin Check Service COMM to confirm c

Table A

Model Current

2013 Pathfinder

5/11


xxxxxxxxxxxxxxxx

e n

lies

doeamp

TC

33

umbers in the Current TCM Part Number

. Continue with the reprogramming

s not apply, or it has already been done. aign eligibility.

M Part Number: 31036 -

KD2A, 3KD4A KA2A, 3KA4A

NTB13-002


NOTE:


In that case, the screen in Figure 3 displays.



TRANSMISSION

Figure 3

6/11 NTB13-002





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


ECM recovery:



Figure 5


Figure 6




are OFF.







plugged in.





installed.


8/11 NTB13-002


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


Step 14

Step 13

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


CLAIMS INFORMATION


CAMPAIGN (CM) I.D. # DESCRIPTION OP CODE FRT PC197 TCM Reprogram PC1970 0.6 hrs.

10/11 NTB13-002


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


1/3


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.



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


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) 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 DEFENDANTS

(b) County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed Defendant (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)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff

1 U.S. Government Plaintiff 3 Federal Question (U.S. Government Not a Party)

2 U.S. Government Defendant 4 Diversity (Indicate Citizenship of Parties in Item III)

(For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State Citizen of Another State 2 2 Incorporated and Principal Place 5 5 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 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of

Overpayment Of Veteran’s Benefits

151 Medicare Act 152 Recovery of Defaulted

Student Loans (Excludes Veterans)

153 Recovery of Overpayment

of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise

REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’

Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product

Liability 360 Other Personal Injury 362 Personal Injury -Medical

Malpractice

CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/

Accommodations 445 Amer. w/Disabilities–

Employment 446 Amer. w/Disabilities–Other 448 Education

PERSONAL INJURY 365 Personal Injury – Product

Liability 367 Health Care/

Pharmaceutical Personal Injury Product Liability

368 Asbestos Personal Injury Product Liability

PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property

Damage 385 Property Damage Product

Liability

PRISONER PETITIONS

HABEAS CORPUS 463 Alien Detainee 510 Motions to Vacate

Sentence 530 General 535 Death Penalty

OTHER 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee–

Conditions of Confinement

625 Drug Related Seizure of Property 21 USC § 881

690 Other

LABOR 710 Fair Labor Standards Act 720 Labor/Management

Relations 740 Railway Labor Act 751 Family and Medical

Leave Act 790 Other Labor Litigation 791 Employee Retirement

Income Security Act

IMMIGRATION 462 Naturalization

Application 465 Other Immigration

Actions

422 Appeal 28 USC § 158 423 Withdrawal 28 USC

§ 157

PROPERTY RIGHTS 820 Copyrights 830 Patent 835 Patent─Abbreviated New

Drug Application 840 Trademark

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or

Defendant) 871 IRS–Third Party 26 USC

§ 7609

375 False Claims Act 376 Qui Tam (31 USC

§ 3729(a)) 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced &

Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/

Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information

Act 896 Arbitration 899 Administrative Procedure

Act/Review or Appeal of Agency Decision

950 Constitutionality of State Statutes

V. ORIGIN (Place an “X” in One Box Only)

1 Original Proceeding

2 Removed from State Court

3 Remanded from Appellate Court

4 Reinstated or Reopened

5 Transferred from Another District (specify)

6 Multidistrict Litigation–Transfer

8 Multidistrict Litigation–Direct File

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause:

VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, Fed. R. Civ. P.

DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND: Yes No

VIII. RELATED CASE(S), IF ANY (See instructions):

JUDGE DOCKET NUMBER

IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2) (Place an “X” in One Box Only) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE

DATE SIGNATURE OF ATTORNEY OF RECORD

Michelle Falk, Indhu Jayavelu, Patricia L. Cruz, Danielle Trotter, and Amanda Macri Nissan North America, Inc.

Car class action under state warranty and consumer protection laws and Magnuson-Moss.✔

over $5 mil.

Susan D. Wigenton 17-cv-3353 (D.N.J.)

08-22-17 /s/ Shimon Yiftach

Santa Clara, CA

Magnuson-Moss, 15 U.S.C. §§ 2301, et seq., CAFA diversity 28 U.S.C. § 1332(d)(2)(A)

Shimon Yiftach (SBN 277387), Bronstein Gewirtz & Grossman, 1925 Century Park East, Suite 1990, Los Angeles, CA 90067 (424) 322-0322


ClassAction.orgThis 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

https://www.classaction.org/news/nissan-facing-another-class-action-over-sentra-cvts

Falk et al. v. Nissan North America, Inc. - 4:17-cv-04871-HSG

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Transcript of Falk et al. v. Nissan North America, Inc. - 4:17-cv-04871-HSG