B0133 NO BATT CAPACITY WARRANTY

[LTLFTcomposite]

I contacted the chat line to confirm whether my opt-out had been received and/or recorded. The guy looked it up by the VIN and told me "You have all the warranties on your vehicle" and confirmed that I still have the capacity warranty. I'm pretty sure I mailed it in, so wondering whether they never received it, didn't process it, or have silently done away with voiding the capacity warranty for the opter-outers.

 

[TomT]

Or the data mangler did not get yours entered in to the system properly... Or as is often the case, they were wrong!

I contacted the chat line to confirm whether my opt-out had been received and/or recorded. The guy looked it up by the VIN and told me "You have all the warranties on your vehicle" and confirmed that I still have the capacity warranty. I'm pretty sure I mailed it in, so wondering whether they never received it, didn't process it, or have silently done away with voiding the capacity warranty for the opter-outers.

 

[QueenBee]

I contacted the chat line to confirm whether my opt-out had been received and/or recorded. The guy looked it up by the VIN and told me "You have all the warranties on your vehicle" and confirmed that I still have the capacity warranty. I'm pretty sure I mailed it in, so wondering whether they never received it, didn't process it, or have silently done away with voiding the capacity warranty for the opter-outers.

I was told the same thing but it wasn't true. Make sure they specifically check service comm for the warrsnty exclusions or ask your dealership.

 

[LTLFTcomposite]

I was told the same thing but it wasn't true. Make sure they specifically check service comm for the warrsnty exclusions or ask your dealership.

I saved the chat transcript
Not that that would carry any weight in a dispute.

 

[pchilds]

I contacted the chat line to confirm whether my opt-out had been received and/or recorded. The guy looked it up by the VIN and told me "You have all the warranties on your vehicle" and confirmed that I still have the capacity warranty. I'm pretty sure I mailed it in, so wondering whether they never received it, didn't process it, or have silently done away with voiding the capacity warranty for the opter-outers.

They probably mistyped the VIN and someone else lost their warranty. :shock:

 

[spike09]

What possible benefit did anyone who opted-out calculate they would get by going at it alone against a major automaker?

 

[TomT]

I believe it was more of a moral and ethical consideration. They did not want to buy in to and support what they saw as a screwing by both Nissan AND the class attorneys...

What possible benefit did anyone who opted-out calculate they could get by going at it alone against a major automaker?

 

[pchilds]

If enough people opted out the suit would have been dismissed. This lawsuit was not in the classes best interest, everyone should have opted out.

I had no plans to sue Nissan, I didn't need to, Nissan had already given me the capacity warranty, with no ties to the lawsuit. Why should the lawyers get $2 million for nothing.

I routinely opt out of class action lawsuits and from the ones that I haven't opted out, I have yet to receive anything of value. This get rich quick game that most Lawyers that do class actions are playing would be over if just 10% of people did as I do.

 

[spike09]

If enough people opted out the suit would have been dismissed. This lawsuit was not in the classes best interest, everyone should have opted out.

I had no plans to sue Nissan, I didn't need to, Nissan had already given me the capacity warranty, with no ties to the lawsuit. Why should the lawyers get $2 million for nothing.

I routinely opt out of class action lawsuits and from the ones that I haven't opted out, I have yet to receive anything of value. This get rich quick game that most Lawyers that do class actions are playing would be over if just 10% of people did as I do.

I have yet to receive anything of value for all the class action lawsuits I opt-in on! That puts me in the 90% of those who don't care that much about our legal system.

Too bad about the B0133 on your permanent record.

 

[spike09]

If enough people opted out the suit would have been dismissed. This lawsuit was not in the classes best interest, everyone should have opted out.

So we all should have opted-out and waited for a new class action lawsuit with better terms? Has that ever happened before?

 

[walterbays]

If enough people opted out the suit would have been dismissed. This lawsuit was not in the classes best interest, everyone should have opted out.

I had no plans to sue Nissan, I didn't need to, Nissan had already given me the capacity warranty, with no ties to the lawsuit. Why should the lawyers get $2 million for nothing.

Me too. Had the judge read and understood all of the opt-outs, especially the one from Kozinski, he would have tossed the case out and fined both plaintiff's attorneys and Nissan for contempt of court.

The warranty was/is almost certain never to give me anything despite degradation much worse than represented by Nissan. Nevertheless the warranty was given by Nissan before the suit was settled, unconditionally. So the only thing staying in would have done was to 1) prevent me from suing Nissan, which I don't intend to do anyway, and 2) pay off the greedy lawyers and reward them for selling out the interests of the class they claimed to represent.

Now I don't understand how Nissan can unconditionally grant a warranty, and then later add conditions in the past and revoke the warranty. Again Kozinski says it best in his Notice of Supplemental Authorities. Nor do I understand why Nissan would want all the legal and PR trouble from trying to retroactively revoke warranties, when those warranties are in the great majority of cases going to have no cost to Nissan and no benefit to the customer anyway.

I'd like to join the Kozinski fan club for his representation of the interests of Leaf owners. And the Leaf Advisory Group fan club and the B. Brockman fan club for the battery replacement program.

 

[QueenBee]

I'd like to join the Kozinski fan club for his representation of the interests of Leaf owners. And the Leaf Advisory Group fan club and the B. Brockman fan club for the battery replacement program.

Excellent group of people who are all clearly in this game to represent us and make EVs and th LEAF be as successful as possible.

I opted out because I didn't see any point to agreeing to a settlement in which I was already given the the "reward". I opted out becsuse I thought it was (and still do) the right thing to do to support my fellow LEAF owners who are being hit severely by the lack of heat tolerance. And really for thst matter the claims on capacity being thrown around in the beginning are not lining up with reality even ignoring the hot areas. I don't plan on using or being able to take advantage of the capacity warranty.

One theory I like is that a group inside Nissan got the idea that it was their responsibility to exclude us based on their understanding of the settlement without having a general idea of the big picture. It'll take a while for this to get dotted out but essentially that it was a mistake and not done to punish us or as part of their master legal strategy. This seems very plausible.

In any case regardless of what happens with B0133 on our records I have no doubt that when the first person excluded needs the warrsnty when pushed Nissan will honor the warranty.

Being in the PNw is a bit of a curse. After three years and 30k miles my hx is at 72% and my health/capacity is at 85%. So assuming that maps perfectly to the warrsnty's 70% and my degradation over the past three years is the same annually then I'll have 75% left as the warranty expires which is pretty close to getting what would likely be a new 100% more heat resistant pack. Maybe if i always charged to 100% and DCQCd a lot more

 

[LTLFTcomposite]

If I lose the fourth bar before the end of November we'll find out.

 

[RonDawg]

I have yet to receive anything of value for all the class action lawsuits I opt-in on! That puts me in the 90% of those who don't care that much about our legal system.

In my case, I stayed "opted in" because I had nothing to gain (I was not planning to sue Nissan over the battery capacity degradation) and I had a considerable amount to lose (i.e. my battery capacity warranty).

Although I am unlikely to invoke the warranty during my 3 year lease, at least by having the warranty I have the option of extending the lease (since others have successfully done so) or even buying the car. But a B0133 branding of my car's VIN would have meant unloading the car as soon as the lease was up, if not sooner.

 

[garygid]

I also thought that Nissan had already given me a 60/60k Capacity Warranty months
before the opt-out letter, and there was mo mention that THAT Warranty was tied to
the Class Action suit (that is still ongoing, as far as I know).

I felt that there was no reason to be a party to suing Nissan for possible
additional or different benefits (yet to be announced), so I opted out.

Also, Nissan required me to update my LEAF's original firmware in order to
purchase their Gold extended warranty (8 years, 100,000 miles) from Santa Rosa Nissan.

 

[bowthom]

Hello,
I opted out because it was the right thing to do legally speaking. I had nothing to gain, nothing to lose so it seemed the right thing to do. Hopefully i can buy a new pack when i need it. My 2011 Leaf has 26k mi at 3 yr 4 months with 12 CB's (202 gids @ 80%).

 

[keydiver]

I also thought that Nissan had already given me a 60/60k Capacity Warranty months
before the opt-out letter, and there was no mention that THAT Warranty was tied to
the Class Action suit (that is still ongoing, as far as I know).

My (wrong) thinking too. As of last week, there still is no final settlement, and from what I hear the whole thing may be thrown out, because:
1) there are quite a few objectors, many of them with very legitimate objections.
2) I hear that this particular court district is very tough on class action suits. This suit has not been very well researched, and may look like just a quick money grab to the judge. My thinking is that maybe this was Nissan's reason for the B0133, to scuttle the settlement? With their new capacity warranty in place, they may think no one will want to file again.
3) There are way too many Leaf owners who cannot benefit in any way from this settlement. A battery capacity of 67% is WAY lower than the 80% they were promised, and too low for many to qualify for by 5 years/60,000 miles.

 

[cgaydos]

I haven't read every post in the 24 pages here, just most of them, but has anyone who opted out contacted Nissan to ask to opt back in?

 

[LTLFTcomposite]

I asked Mr Brockman that question, and also if the decision to opt out follows me for life as a Nissan customer. No confirmation yet.

 

[mwalsh]

If I lose the fourth bar before the end of November we'll find out.

I'm trying to beat you to it. I really, really want to be first to see if it's going to be a problem.