Form Letter to "Opt Out" of the Nissan Class Action by Oct28

[SanDust]

Opting-in, you lose all control and are at Nissan's mercy for whatever they decide. Opting-out, I at least have the option to pursue Nissan to give us a more appropriate response than this warranty and $100/month battery rental.

This. Opting out gives you what you'd get if you didn't PLUS anything else you can get. No rational reason to stay in the class.

 

[Weatherman]

The bottom line is that by leasing the LEAF and also leasing a Volt, I've already taken action to remove all my risk. There's no benefit to me to doing anything else.

(and yes, I fully understand why those who bought LEAFs, and are concerned about the long-term viability of something they spent a lot of money on, might disagree with me)

 

[Vuman]

The bottom line is that by leasing the LEAF and also leasing a Volt, I've already taken action to remove all my risk. There's no benefit to me to doing anything else.

(and yes, I fully understand why those of bought LEAFs and are concerned about the long-term viability of something they spent a lot of money on, might disagree with me)

Again Weatherman, there is no benefit from this lawsuit. How about the benefit of opting-out to even prevent these lawyers from collecting on 1.9 million bucks at our expense. How about opting-out just to retain any chance that you may benefit from any future lawsuits. How about opting-out to help others who chose to opt-out to fight Nissan for a better resolution they are offering now. I know that in any future lawsuit, I will fight for all Leaf owners, whether they opt-out or not, lease or not. This is about Nissan promoting a product that did not perform up to expections and being held accountable.

 

[Vuman]

Weatherman, if it's a matter of apathy or time, here is a simple template that you can copy, paste, and fill out. However, it will take a few minutes of your time plus the cost of a stamp, paper, and envelope, of which I can not force you to do if you feel that it is truly not worth the effort.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

[today's date]

Nissan Leaf Settlement Administrator
P.O. Box 43191
Providence, RI 02940-3191


1. Re: Humberto Daniel Klee and David Wallak, individually, and on behalf of a class of similarly situated individuals v. Nissan North America, Inc., Civil Action CV 12-08238.

2. [your full name] [your address] [your phone number]
3. [year] Nissan LEAF, [date of purchase or lease]
4. I still [own or lease] my Leaf
5. VIN: [VIN number],
6. Mileage: [odometer reading]
7. I wish to opt-out and object to the Settlement because when I obtained this car, Nissan was advertising it as a vehicle with a 100 mile range and a battery that would only degrade about 30 percent of capacity in 10 years. This car will not come close to achieving what Nissan advertised and the warranty Nissan is extending is not sufficient.
8. I have made no other objections against any class actions lawsuits in the previous 5 years
9. I will not appear at the Fairness hearing; I will not be represented by other counsel
10. No persons will be called upon by me in support of my objections



[signed] [date]

 

[Stoaty]

Weatherman, if it's a matter of apathy or time, here is a simple template that you can copy, paste, and fill out. However, it will take a few minutes of your time plus the cost of a stamp, paper, and envelope, of which I can not force you to do if you feel that it is truly not worth the effort.

Weatherman just said he doesn't have a dog in this fight. I respect his decision, each person needs to make up their own mind. As I said, I am strongly leaning to opting out of the settlement.

 

[Vuman]

Weatherman, if it's a matter of apathy or time, here is a simple template that you can copy, paste, and fill out. However, it will take a few minutes of your time plus the cost of a stamp, paper, and envelope, of which I can not force you to do if you feel that it is truly not worth the effort.

Weatherman just said he doesn't have a dog in this fight. I respect his decision, each person needs to make up their own mind. As I said, I am strongly leaning to opting out of the settlement.

Yes, I will have to apologize to Weatherman. I'm venting my frustation at the wrong people. This lawsuit just have gotten me all riled-up. Weatherman, I am sorry for my words. Class Action Lawsuits are suppose to help the class, not hurt the class. I just didn't see any one benefitting from this lawsuit except for Nissan and the lawyers.

 

[LTLFTcomposite]

Hearing all this talk about people lawyering up it's that much more obvious to me why GM just said collect up all the EV1s. Honda too is smart to keep it lease only until battery degradation is thoroughly understood, and I do mean thoroughly, as the lease where the manufacturer retains ownership deflates a lot of claims a buyer or closed end lessee can make.

 

[Stoaty]

Hearing all this talk about people lawyering up it's that much more obvious to me why GM just said collect up all the EV1s. Honda too is smart to keep it lease only until battery degradation is thoroughly understood...

I haven't heard much about lawyering up, just opting out of the settlement the lawyers negotiated to preserve rights to lawyer up in the future if it becomes necessary. Also, you have to remember that Nissan was the one that claimed they had been working on their Lithium ion batteries for about 17 years, had thoroughly tested the battery including their testing track in Arizona, and were stating that on average an owner would get 10 years (=125,000 miles based on their own model) of life until 30% capacity loss. Currently it looks like only those in Seattle area or the Northeast can expect that sort of longevity, while those in "normal" climate are probably going to get about 6.5 years. Nissan got themselves into this mess, which is what Elon Musk predicted back in 2010.

 

[mwalsh]

Plus, it shouldn't be necessary to lawyer up. Nissan should be readily admitting their shortcomings on this issue and pledging to stand by both the product and it's customers.

 

[JimSouCal]

Hearing all this talk about people lawyering up it's that much more obvious to me why GM just said collect up all the EV1s. Honda too is smart to keep it lease only until battery degradation is thoroughly understood...

I haven't heard much about lawyering up, just opting out of the settlement the lawyers negotiated to preserve rights to lawyer up in the future if it becomes necessary. Also, you have to remember that Nissan was the one that claimed they had been working on their Lithium ion batteries for about 17 years, had thoroughly tested the battery including their testing track in Arizona, and were stating that on average an owner would get 10 years (=125,000 miles based on their own model) of life until 30% capacity loss. Currently it looks like only those in Seattle area or the Northeast can expect that sort of longevity, while those in "normal" climate are probably going to get about 6.5 years. Nissan got themselves into this mess, which is what Elon Musk predicted back in 2010.

+1 I did happen to talk you my HS friend, who also happens to be my attorney. He told me it is a common occurrence that class action benefits the lawyers who pursue the class action and the average joe, who is in the class, gets nothing meaningful.

In our case, as I understand it, remaining in the class actually has us passively giving up any future rights. Granted, I am very happy with my LEAF, and hope it remains that way.

However, what the class action attorney negotiated, on my behalf, seems on face value, opportunisitic, self-dealing, and perhaps even legal malpractice, and IF there was an intentional act to omit information on the summary mailing with intent to conceal or manipulate, a case of legal malpractice, or even a criminal act.

So I've decided I will opt out prior to the deadline, as there is nothing to be gained for me by remaining in the class.

Moreover, regarding the 2 milliion dollars of underserved revenue settlement the lawyers think they have gained, well, may it "blow up" in their laps... At least that is my sentiment at the moment...

 

[Goodtohave]

Hearing all this talk about people lawyering up it's that much more obvious to me why GM just said collect up all the EV1s. Honda too is smart to keep it lease only until battery degradation is thoroughly understood...

Currently it looks like only those in Seattle area or the Northeast can expect that sort of longevity, while those in "normal" climate are probably going to get about 6.5 years.

Should I be offended by this comment as a Northeaster?

 

[Stoaty]

Currently it looks like only those in Seattle area or the Northeast can expect that sort of longevity, while those in "normal" climate are probably going to get about 6.5 years.

Should I be offended by this comment as a Northeaster?

Well, that should be "Nissan Normal (TM)" so I wouldn't worry about it too much.

 

[Vuman]

Hearing all this talk about people lawyering up it's that much more obvious to me why GM just said collect up all the EV1s. Honda too is smart to keep it lease only until battery degradation is thoroughly understood...

I haven't heard much about lawyering up, just opting out of the settlement the lawyers negotiated to preserve rights to lawyer up in the future if it becomes necessary. Also, you have to remember that Nissan was the one that claimed they had been working on their Lithium ion batteries for about 17 years, had thoroughly tested the battery including their testing track in Arizona, and were stating that on average an owner would get 10 years (=125,000 miles based on their own model) of life until 30% capacity loss. Currently it looks like only those in Seattle area or the Northeast can expect that sort of longevity, while those in "normal" climate are probably going to get about 6.5 years. Nissan got themselves into this mess, which is what Elon Musk predicted back in 2010.

+1 I did happen to talk you my HS friend, who also happens to be my attorney. He told me it is a common occurrence that class action benefits the lawyers who pursue the class action and the average joe, who is in the class, gets nothing meaningful.

In our case, as I understand it, remaining in the class actually has us passively giving up any future rights. Granted, I am very happy with my LEAF, and hope it remains that way.

However, what the class action attorney negotiated, on my behalf, seems on face value, opportunisitic, self-dealing, and perhaps even legal malpractice, and IF there was an intentional act to omit information on the summary mailing with intent to conceal or manipulate, a case of legal malpractice, or even a criminal act.

So I've decided I will opt out prior to the deadline, as there is nothing to be gained for me by remaining in the class.

Moreover, regarding the 2 milliion dollars of underserved revenue settlement the lawyers think they have gained, well, may it "blow up" in their laps... At least that is my sentiment at the moment...

Thanks Jim, good to finally have at least one lawyer's opinion of what we already know about the ethics of "our" Class Counsel. And do you know the ironic thing is? Before I recieved this notice, I was actually happy with my Leaf and Nissan. Back in June, I thought ok, Nissan is stepping up to the plate by extending a new battery warranty and working on a new battery. Then came this notice last week and make no mistake, it is a Class Action run by these lawyers who crafted a settlement that only benefits Nissan so that they get paid their 1.9mil by Nissan. If they truely are thinking of the Class, they would stop the lawsuit now. Who sues to have something that we already have?
This lawsuit also lead me to reflect on this warranty they gave us and I've now realized that it is way short of what they had promoted to me in the beginning. Now suddenly its 30% in 5 year instead of the 30% in 10 years that they were promoting.

 

[LTLFTcomposite]

He told me it is a common occurrence that class action benefits the lawyers who pursue the class action and the average joe, who is in the class, gets nothing meaningful.

Easy there... I made that observation a while back and people jumped down my throat in defense of the class action attorneys, pointing out all the good they were doing for me, as I personally lacked the resources or the initiative the fight such a battle on my own, and accusing me of being jealous of them reaping their just reward for performing this public service. So my attitude has changed, and I am truly grateful... but I'm still waiting for my starbucks gift card.

 

[nosuchthing]

Iletric, I ask again, what is your reason to stay in the lawsuit.

There isn't any. And I bought extended warranty (I always do - it always pays) so I'm all set is case of catastrophic failure. Titanic sunk, right?

So, let me reiterate: I see no gain from going one way or the other as to the class action, therefore the letter just sits on my night stand - FOR NOW. And I do promise to watch this thread and take my time - we do have a month or so, after all...

 

[Vuman]

Iletric, I ask again, what is your reason to stay in the lawsuit.

There isn't any. And I bought extended warranty (I always do - it always pays) so I'm all set is case of catastrophic failure. Titanic sunk, right?

So, let me reiterate: I see no gain from going one way or the other as to the class action, therefore the letter just sits on my night stand - FOR NOW. And I do promise to watch this thread and take my time - we do have a month or so, after all...

Iletric, those extended warranty are pretty tricky at times and I wouldn't be sit tight depending on it. Again, this lawsuit only concerns about the battery degradation issue. They may just continue to say that its normal degradation. Remember, in item 3 of the notice, "Nissan believes the lawsuit has no merit....The Court has not decided who is right or wrong in this lawsuit. This proposed settlement is not, and should not be considered as evidence of Nissan's admission or concession of any fault, wrongdoing or liability whatsoever."

And in item 1. "Accordingly, Nissan believes there is no "thermal management" defect in the Nissan LEAF, and no misrepresentations were made about the range or battery capacity of the LEAF"

Or as been said, "Welcome aboard the Titanic, your cabin is 2 doors to the right".

 

[garygid]

The poll is poor, with no option for me.
I will opt out, but have not yet sent a letter.

My reason for opting out is simple, and has nothing to do
with what some people think Nissan claimed. I already
have the Capacity Warranty, so there is no benefit to
staying in the action with this settlement. I lose rights to
other legal options, so there is a minor benefit by opting out.

However, maybe the letter was just a trick to make us
think that we were opting out, when our opt out would
be considered invalid?

Or, maybe they want us to opt out now, to not be part of
the NEW $2000-each settlement that the court will announce later?

I think:
"Never overlook malice as a factor where claims of simple
incompetence could be used to shift the blame
away from the guilty." GG

 

[TonyWilliams]

The poll is poor, with no option for me.
I will opt out, but have not yet sent a letter.

It's kind of a yes / no thing... either you sent in the Opt-Out, or not.

What would you change?

 

[essaunders]

Ok. As a leaf owner, am I supposed to have gotten some letter advising me of something? I remember getting a warrantee update sticker/page, but I don't remember anything else.

I'm a with my 'north of Boston' location, I'll probably not see much degradation, but I'd rather not support by inaction any stupid lawsuit - especially if there is no benefit to me either way.

 

[Vuman]

Ok. As a leaf owner, am I supposed to have gotten some letter advising me of something? I remember getting a warrantee update sticker/page, but I don't remember anything else.

I'm a with my 'north of Boston' location, I'll probably not see much degradation, but I'd rather not support by inaction any stupid lawsuit - especially if there is no benefit to me either way.

Link to the settlement document is here: http://www.nissanleafsettlement.com/Documents/NNK0001/NNK_Settlement_Agreement.pdf" onclick="window.open(this.href);return false;

You can just use this template. You can amend #7 as you wish:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

[today's date]

Nissan Leaf Settlement Administrator
P.O. Box 43191
Providence, RI 02940-3191


1. Re: Humberto Daniel Klee and David Wallak, individually, and on behalf of a class of similarly situated individuals v. Nissan North America, Inc., Civil Action CV 12-08238.

2. [your full name] [your address] [your phone number]
3. [year] Nissan LEAF, [date of purchase or lease]
4. I still [own or lease] my Leaf
5. VIN: [VIN number],
6. Mileage: [odometer reading]
7. I wish to opt-out and object to the Settlement because when I obtained this car, Nissan was advertising it as a vehicle with a 100 mile range and a battery that would only degrade about 30 percent of capacity in 10 years. This car will not come close to achieving what Nissan advertised and the warranty Nissan is extending is not sufficient.
8. I have made no other objections against any class actions lawsuits in the previous 5 years
9. I will not appear at the Fairness hearing; I will not be represented by other counsel
10. No persons will be called upon by me in support of my objections



[signed] [date]