Gathering a Class action suit against Nissan

[Rat]

This thread should die a natural death. I AM a lawyer ([disclaimer] retired, and I'm not YOUR lawyer, so don't rely on my advice) and a class action suit on this is not feasible. The only person who could possibly benefit from it would be the lawyer who suggested it. They usually make tons on class action suits against big companies and those suits are almost always settled with a cheap (for the defendant) deal to 1) pay the plaintiiff's (i.e the class's) lawyer 6-figures or so, and 2) give every affected customer (who checks the right box in some mass mailing full of lengthy legal documents they don't understand and returns it signed within some short time frame) a coupon for $20 off the next Nissan product they buy as long as they buy something at MSRP within the next 6 mos. Everyone else gets nothing and everyone in the class is barred from any further real suit if some genuine cause of action arises because the settlement is binding on the whole class even if you never got the worthless coupon. Thanks but no thanks. I have a legit gripe against them since I ordered last September and because they screwed up my order may not get my car until 2012, thus possibly losing $12k in tax incentives (see my separate thread on the Lost order) but if that happens I'll sue them myself, not join in a class action. I doubt anyone else can even prove significant financial damages.

Having said all that, I still have considerable sympathy for the OP and others (like me!) in the same boat and I think it is unfair to dump on him for venting his frustration. The class action is just not a productive idea.

 

[Herm]

The lawyers will probably get the highest rewards, and perhaps their friend will also get a thankyou gift.. and thats ok.

One advantage of a lawsuit like this is that Nissan (or any other manufacturer) will not attempt this type of end run around their dealer network again.. let the manufacturers manufacture and let the dealers sell.

 

[LEAFfan]

I don't recall anyone signing a contract with NIssan the guaranteed a delivery date or delivery order.

I'm not an attorney, but I know enough about 'contracts' to know that when Nissan 'wrote' that the LEAFs would be delivered by reservation date/order date/region and they went back on what they had written, it is definitely a breech of contract.

 

[davewill]

Out of your freaking gourd. You and Mr. "I'll sue for $12,000". Completely Looney Tunes. Makes me ashamed to be associated with the place. Honestly, if it were my blog, I'd ban lawsuit talk, 100%.

 

[smkettner]

Honestly, if it were my blog, I'd ban lawsuit talk, 100%.

x2, file or don't file. What is the point of the post?

 

[TimLee]

I don't recall anyone signing a contract with NIssan the guaranteed a delivery date or delivery order.

I'm not an attorney, but I know enough about 'contracts' to know that when Nissan 'wrote' that the LEAFs would be delivered by reservation date/order date/region and they went back on what they had written, it is definitely a breech of contract.

There's a huge difference between a written statement of intent, and a contract. There is no contract on vehicle final delivery order matching up with either original reservation queue or order date with the dealer.

 

[gbshaun]

Wow, a lot of aggression on someone who is merely considering exercising his legal right.
I have been the defendant in two lawsuits. I prevailed both times, but i accept the plaintiff had every right to argue his case against me and let the judge decide based on the our rules of law.
Similarly, whether Nissan is liable for it's delivery order snafu causing some to miss out on the CA rebate, and is liable for that loss, is a valid question. I doubt that Nissan, and those affected, will agree on the answer, so that's why we have a civil litigation system that everyone is free to use.
Unlikely it'd ever get to court. More likely Nissan's internal council would evaluate the merits of the claim, and decide whether they are confident of prevailing, or whether they should directly compensate those affected.

If you don't feel you have a financial loss (the vast majority), Willie wasn't speaking to you.
If you DO feel you have a financial loss, Willie is merely asking if you're interested in exploring your options. I don't see any arm-twisting, or harm in his asking.
And for those who ordered in January and have a vin# but no car yet, don't worry, If Nissan was going to reassign them they'd have done it long ago. So don't worry, i have every confidence you'll get your car. However I'd hope we could ALL agree that it would be nice if Nissan would stop issuing Vin#s to February orders, as they were still doing last week!

I'm fine with everyone having and expressing an opinion, but geez do we really need the PERSONAL attacks?

 

[nader]

If you really feel you have been cheated you should contact the media and see if they think it warrants further investigation.

 

[SteveInSeattle]

where did Nissan make these statements that they would deliver in a specific order? They did announce launch states and they launched only in those states, so they met that promise. They never promised to deliver EVERY order from the 5 states BEFORE they delviered to another state... and I doubt that they made a binding promise to deliver in any specific order. As far as contracts go, the only binding contract was the specific terms of the original $99 deposit-- go back and read it again, its full of plenty of slack for Nissan:

"Initially, Nissan LEAF will be available only through an online reservation system in select markets and states. Limited quantity available at initial start of sale and availability will increase during market rollout. Reservations are only valid for individual who makes reservations and cannot be transferred, traded, assigned or sold"

"Limited quantity" pretty much covers them

 

[thankyouOB]

The lawyers will probably get the highest rewards, and perhaps their friend will also get a thankyou gift.. and thats ok.

One advantage of a lawsuit like this is that Nissan (or any other manufacturer) will not attempt this type of end run around their dealer network again.. let the manufacturers manufacture and let the dealers sell.

That would be nuts, Herm. The gouging that we see on orphans would have been endemic throughout all the ordering, if Nissan had put the dealers in control over the first 1,000 to 5,000 orders. You would be screaming murder and the dealers would have absolutely seen the CA rebate 5k as their money and prolly much of the federal tax credit, too.
Talk about the fox in the chicken coup. No way would I have bought a Leaf under that system. NO WAY. That is an absolutely frightening idea.

As much as I wanted an EV, I would not engage with a dealer in that circumstance. Pretty much every one of the lasts four cars I have bought, were bought at the end of the model year to get the largest discount and mostly at the end of the month to get more leverage.

 

[thankyouOB]

Wow, a lot of aggression on someone who is merely considering exercising his legal right.
I have been the defendant in two lawsuits. I prevailed both times, but i accept the plaintiff had every right to argue his case against me and let the judge decide based on the our rules of law.
Similarly, whether Nissan is liable for it's delivery order snafu causing some to miss out on the CA rebate, and is liable for that loss, is a valid question. I doubt that Nissan, and those affected, will agree on the answer, so that's why we have a civil litigation system that everyone is free to use.
Unlikely it'd ever get to court. More likely Nissan's internal council would evaluate the merits of the claim, and decide whether they are confident of prevailing, or whether they should directly compensate those affected.

If you don't feel you have a financial loss (the vast majority), Willie wasn't speaking to you.
If you DO feel you have a financial loss, Willie is merely asking if you're interested in exploring your options. I don't see any arm-twisting, or harm in his asking.
And for those who ordered in January and have a vin# but no car yet, don't worry, If Nissan was going to reassign them they'd have done it long ago. So don't worry, i have every confidence you'll get your car. However I'd hope we could ALL agree that it would be nice if Nissan would stop issuing Vin#s to February orders, as they were still doing last week!

I'm fine with everyone having and expressing an opinion, but geez do we really need the PERSONAL attacks?

Presumes facts not in evidence. NO ONE has missed out on the CA rebate yet. We have yet to find out if Nissan will get cars to all the skipped folks in time for them to get the rebate.
That is not to say that Nissan has not caused anxiety for many buyers with the disorderly process and the disrupted delivery of cars ordered in 2010.

 

[evnow]

One advantage of a lawsuit like this is that Nissan (or any other manufacturer) will not attempt this type of end run around their dealer network again.. let the manufacturers manufacture and let the dealers sell.

And that is good ... how ?

 

[Rat]

where did Nissan make these statements that they would deliver in a specific order?

In interviews with various reporters I'm too lazy to look up (but I' remember posting the link to one in another thread) among other places, and in a Live Chat with me, which I saved and have in "writing" and dated.

 

[evnow]

To EVNOW,
I'm am merely an angry first day reserver. I am a film editor in Los Angeles. From what I can see I joined the forum before you. I have no affiliation with any car companies whatsoever.

You apparently can't see well or you think we can't make out when you joined.

Joined: Tue Mar 01, 2011 9:22 pm
Last visited: Thu May 05, 2011 7:59 am

 

[cdub]

Wow, a lot of aggression on someone who is merely considering exercising his legal right.
I have been the defendant in two lawsuits. I prevailed both times, but i accept the plaintiff had every right to argue his case against me and let the judge decide based on the our rules of law.
Similarly, whether Nissan is liable for it's delivery order snafu causing some to miss out on the CA rebate, and is liable for that loss, is a valid question. I doubt that Nissan, and those affected, will agree on the answer, so that's why we have a civil litigation system that everyone is free to use.
Unlikely it'd ever get to court. More likely Nissan's internal council would evaluate the merits of the claim, and decide whether they are confident of prevailing, or whether they should directly compensate those affected.

If you don't feel you have a financial loss (the vast majority), Willie wasn't speaking to you.
If you DO feel you have a financial loss, Willie is merely asking if you're interested in exploring your options. I don't see any arm-twisting, or harm in his asking.
And for those who ordered in January and have a vin# but no car yet, don't worry, If Nissan was going to reassign them they'd have done it long ago. So don't worry, i have every confidence you'll get your car. However I'd hope we could ALL agree that it would be nice if Nissan would stop issuing Vin#s to February orders, as they were still doing last week!

I'm fine with everyone having and expressing an opinion, but geez do we really need the PERSONAL attacks?

Presumes facts not in evidence. NO ONE has missed out on the CA rebate yet. We have yet to find out if Nissan will get cars to all the skipped folks in time for them to get the rebate.
That is not to say that Nissan has not caused anxiety for many buyers with the disorderly process and the disrupted delivery of cars ordered in 2010.

Even if Nissan causes people to miss out on the CA rebate they are not liable.

Also - how are people going to miss out on the rebate. The LEAF is the ONLY GAME IN TOWN.

There ARE NO OTHER EVs! (ok Tesla but that's not selling in #s to cause the rebate to go down)

 

[Yohannon]

I don't see people being attacked for exercising their rights. I see a potential troll who literally just joined the board trying to sow serious FUD.

Despite the issues (and yeah, I'm kinda semi-holding my breath that I actually MAKE it to "the week of May 6, 2011" without the date slipping off into the future) I'm GLAD Nissan made an "end run" around the dealers. The stories here about the attitude differences between dealerships alone justifies Nissan's approach. Having been a member of a few of those classes (over charging for CD's and I believe a cell phone company overcharge -- and no, I have no clue what the cases were) I've seen those "settlements", and (while not a lawyer) have understood the documents enough to know they weren't even worth the time I spent READING them, much less jumping through the flaming hoops of real fire to get the pittance they offered.

I know much has been made of the recent Supreme Court ruling regarding class actions and binding arbitration. I believe that decision, while cheering corporations everywhere, will have some pretty intense unintended consequences that are well beyond the scope and purpose of this board (and even this thread!). Ultimately I am uncertain we, as a people, lost much by discouraging class action ambulance chasers. :roll:

~Y~

 

[dlich18]

I'm not an attorney, but I know enough about 'contracts' to know that when Nissan 'wrote' that the LEAFs would be delivered by reservation date/order date/region and they went back on what they had written, it is definitely a breech of contract.

You're right about one thing. You're obviously not an attorney!

 

[LEAFfan]

I'm not an attorney, but I know enough about 'contracts' to know that when Nissan 'wrote' that the LEAFs would be delivered by reservation date/order date/region and they went back on what they had written, it is definitely a breech of contract.

You're right about one thing. You're obviously not an attorney!

Nope, but I play one on TV. :lol:

 

[gbshaun]

Also - how are people going to miss out on the rebate.

Hi cdub. The CA rebate is a pool of money, distributed on a first-come-first-served basis. Even with the extra cash which we understand is yet to be added, it looks unlikely that the pool will get us all the way through to cover EVERYONE in CA who ordered before the Jan/Feb orders which have, or will be, delivered early.
The pool always was going to be depleted at some point, but it looks like it'll run out in June or July, and so for every car Nissan delivered significantly out of order, someone who ordered a few months earlier will now be bumped and not receive the $5k.
It sounds likely the rebate pool will be extended again, but with rebates likely reduced by half.

I hope my attempt at an explanation is accurate, and understandable. It's not like the rebate in Japan which I believe was for everyone who ordered by a certain date.

 

[ERG4ALL]

In AZ unless I am mistaken I don't believe we get a $5,000 credit anyway. We do have a $1,000 tax credit for energy efficiency and electrical generation, but that is a one-time no matter what you bought that qualifies. Yet that hasn't stopped us from getting a LEAF. I don't see why it should discourage anyone in Calif. from getting a LEAF. Some may be luckier than others but that still doesn't detract from the value of the LEAF.