B0133 NO BATT CAPACITY WARRANTY

[keydiver]

Another data point: I did opt out, mostly because I'm not the suing type, and expected Nissan to make good on the battery issue. I stopped by my dealer today, and my service record does indeed contain the "B0133 NO EV BATT CAPACITY WARRANTY". Calling Nissan Consumer Affairs now.

 

[JeremyW]

Did yout dealer say anything about your Brusa?

Nope!

So let's assume that we have been black-balled...what next? Well, another class-action would be a logical place to begin.

Yep. If it turns out it was all of us opt-out-ees, it's time for another class-action. A better one. :twisted:

BTW I leased, so that whole "tied to the car" part is going to unnecessarily screw over the next owner. I mostly just want to get out of my lease ASAP more than anything.

 

[QueenBee]

Jeremy, did you get your annual battery checks completed on time?

As I said in my other post I was 9 months late from the 2 year mark on my second battery report. Nissan EV Customer service got back to me and "did some checking" and was "told multiple times" that the reason my car has the capacity warranty excluded is because of the late battery check. I then proceeded to ask about the more important (in the PNW) 100k mile traction battery warranty. I was told specifically that it was NOT a requirement to get the battery report completed to maintain this warranty.

I wish I would have been by a computer as I would have pulled up the warranty information to confirm as that was not how I remembered it nor how it was written in the warranty:

You are required to perform annual EV Battery Usage Report at intervals of 12 months, 24 months, 36 months, 48 months, 60 months, 72 months, and 84 months. These EV Battery Usage Reports can be performed by a Nissan LEAF certified dealer or any qualified repair shop facility. The 12 and 24 month EV Battery Usage Report will be performed at no charge to the customer, provided the work is done at a Nissan LEAF certified dealer. Any damage or failure resulting from a failure to have these required services performed, or that could have been avoided had these services been performed, is not covered under warranty.

Any damage or failure resulting from a failure to have these required services performed, or that could have been avoided had these services been performed, is not covered under warranty. You are also required to provide consent to give Nissan access to data stored on vehicle systems for the purpose of vehicle diagnosis and repair. Failure to do so is likely to result in denial of warranty coverage.

If Nissan is actually proactively excluding cars from the capacity warranty it would seem to be that they claiming that by not getting the report damage is occurring that would have otherwise not occurred. I find it hard to believe they would bother doing this and why not exclude both while they are in there? I also don't trust a word Nissan EV customer service support says, especially considering the clearly false statement given about the main warranty.

I'm inclined to think it was because I opted out but I have no evidence supporting that. As for my personal case, I knew this was a risk when I opted out, even if Nissan /attorneys/etc. did not make that clear. Being in the PNW with ~14% capacity loss after 3 years/29k miles unless degradation really picks up it would seem I will not be getting close to benefiting from the capacity warranty. I did recently purchase the car from leasing. I wonder if they still would have done this if it was being leased.

Sorry I couldn't provide a more definitive answer.

 

[mwalsh]

Another data point: I did opt out, mostly because I'm not the suing type, and expected Nissan to make good on the battery issue. I stopped by my dealer today, and my service record does indeed contain the "B0133 NO EV BATT CAPACITY WARRANTY". Calling Nissan Consumer Affairs now.

Oh, dear. Then it doesn't look good.

Time to grab the pitchforks and torches?

 

[JeremyW]

Jeremy, did you get your annual battery checks completed on time?

Yes

 

[keydiver]

I was talking about the letter we got from Nissan regarding the battery warranty.

I believe this is the letter you speak of:

 

[dm33]

Does the battery capacity warranty only apply to new vehicles after the warranty was announced? Was it retroactive to prior vehicles? My vague recollection is that the warranty only applies to vehicles from then on and earlier vehicles were covered by the class action lawsuit settlement. Maybe the announcement for the battery warranty would specify one way or the other.

I found the letter in an insideevs article. The letter says,

In addition to the existing lithium-ion battery coverage provided under the Nissan Electric Vehicle Limited Warranty for defects in materials or workmanship, the lithium-ion battery for your 2011 or 2012 Nissan LEAF is now also warranted against capacity loss below nine (9) bars (or approximately below 70 percent) as shown on the vehicle’s battery capacity level gauge for a period of 60 months or 60,000 miles, whichever comes first.

So it looks like Nissan says its covered. It doesn't say anything about it being contingent on accepting the class action lawsuit. So its not clear how Nissan could attempt to renege on the battery capacity warranty.

 

[QueenBee]

Another data point: I did opt out, mostly because I'm not the suing type, and expected Nissan to make good on the battery issue. I stopped by my dealer today, and my service record does indeed contain the "B0133 NO EV BATT CAPACITY WARRANTY". Calling Nissan Consumer Affairs now.

Oh, dear. Then it doesn't look good.

Time to grab the pitchforks and torches?

It's certainly no longer just a coincidence.

So who is surprised that Nissan EV Customer Service is still spreading lies to appease us and tell us what we want to hear/what they can to get us off the phone?

 

[RonDawg]

Here is a PDF of the Notice of Proposed Settlement:

http://classaction.kccllc.net/Documents/NNK0001/NNK_NOT.pdf" onclick="window.open(this.href);return false;

As to whether or not the court supposedly signed off on this document, the final hearing was supposed to take place on November 18, 2013.

All I can say is that if you have doubts, contact the Settlement Administrator at 1-855-396-2118 or by e-mail at [email protected].

EDIT: As far as the letter is concerned, I found mine. There's two parts to it:

• The cover letter that is being mentioned above, AND,
  
• The Notice of Proposed Settlement which contains all the legalese. It is EXACTLY the same as posted in the PDF above.

Some of you are only reading what you want to see (the first page), and discarding the rest (Notice of Proposed Settlement). Unfortunately "the rest" is the most important part of all.

 

[keydiver]

My contact person at Nissan Leaf, named Chelsea BTW, has asked that I wait until next Wednesday so she can dig deeper into this for clarification. :? She gave me a case number and her extension.
Personally, I have had both battery tests done in a timely manner, so they can't use that excuse.

 

[mwalsh]

I believe this is the letter you speak of:

Yep, that's the one. Nothing in there about a lawsuit or settlement.

 

[RonDawg]

I believe this is the letter you speak of:

Yep, that's the one. Nothing in there about a lawsuit or settlement.

Again, that is only the cover letter. The part that matters is the "Notice of Proposed Settlement", a multi-page document, that came with that letter.

 

[Valdemar]

All I can say I wish I opted out, but I didn't

 

[uwskier20]

I've reached out to my dealership today. When I first heard about this from Keith (QueenBee), I felt relief when it sounded like it was just a matter of missing battery usage checks. It sounds now though like this may be connected to the opt-out. At 54K and 81% SOH, I doubt the warranty would have benefited me, so I am glad that I did opt-out and retain my right to recourse. Of course, this whole thing may never be approved. Any news on the case itself?

 

[mwalsh]

Again, that is only the cover letter. The part that matters is the "Notice of Proposed Settlement", a multi-page document, that came with that letter.

Dude! Seriously...knock it off. That letter was nothing to do with the settlement. You're starting to piss me off.

 

[QueenBee]

Again, that is only the cover letter. The part that matters is the "Notice of Proposed Settlement", a multi-page document, that came with that letter.

Dude! Seriously...knock it off. That letter was nothing to do with the settlement. You're starting to piss me off.

As my memory serves me I didn't even realize the class action lawsuit was why this was capacity warranty was retroactively offered to me until later when the proposed settlement info was mailed. I remember later feeling like it was a little insincere in that I thought they were doing something nice but the reality was it was just being rolled out a head of the settlement.

 

[uwskier20]

As my memory serves me I didn't even realize the class action lawsuit was why this was capacity warranty was retroactively offered to me until later when the proposed settlement info was mailed. I remember later feeling like it was a little insincere in that I thought they were doing something nice but the reality was it was just being rolled out a head of the settlement.

I got notification of the enhanced warranty a full 2-3 months ahead of the settlement paperwork, with no personal knowledge of the class action, and no mention in the accompanying paperwork. I remember this very clearly; the enhanced warranty was an automatic add-on, offered with no strings.

 

[Stoaty]

Here is another data point:

Went for my 3 year battery check today. Asked the service person to look in the computer, and I personally saw on the screen that the battery capacity warranty is in effect for my Leaf until June 12, 2016 (or 60,000 miles). I can conclude one of two things:

1) My opt out letter was lost in the mail OR
2) Opting out did not affect my capacity warranty

 

[LTLFTcomposite]

I'm really surprised they are correlating those opt-out letters back into the warranty system and that gets propagated out to dealer systems. Seems like the kind of thing that would be siloed in a big organization and the left hand wouldn't know what the left hand is doing.

Kudos to Nissan for being so organized. Too bad they can't apply that kind of energy to fixing their products and taking care of their customers instead of being douches.

 

[Stoaty]

I'm really surprised (there is a rumor, not yet substantiated) that they are correlating those opt-out letters back into the warranty system and that gets propagated out to dealer systems.

There, I corrected your post to make it more accurate. Note that I am a counter example to the rumor.