TonyWilliams
Well-known member
Saturday, Oct 26, 2013 is the last day the you can overnight an Opt-Out letter.
Tony
-You do not have to give a reason to opt-out.
-I don't think it will matter much to the Settlement Administrator, but this is the template to opt-out:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
[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 current address] [phone number]
(3) [year] Nissan LEAF
(4) VIN: [VIN number], mileage: [odometer reading]
(5) Please exclude me from the Klee Settlement.
(6) I do not wish to be a Settlement Class Member and want to be excluded from the Settlement.
(7) [signed] [date]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Letter must be recieved by the Administrator by Oct. 28, 2013
The following was authored by "voltswagon":
**********************************************
(2 ) [name]
[address]
[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.
(7) I do not wish to be a Settlement Class Member and want to be excluded from the Klee & Wallak Settlement. My reason for wanting to be excluded from this settlement is that the settlement does not address the misrepresentations of Nissan North America as to the real-world driving range of the vehicle when Nissan’s charging guidance to 80%, and the loss of battery capacity over the life of the battery are considered. The manufacturer openly represented an operating range of 100 miles for the 2011 Nissan Leaf while obscuring their recommendations to 80% battery charging. Second, the 100 mile range claims were not tempered by the expected average range of the vehicle to 70% original capacity at 10 years of operation. Considering these factors together gives that vehicle a practical range of 55 miles over the usable life of the vehicle. Real world experience has also shown that a reduction to 70% of original charge capacity can onset much sooner than 10 years of use. The operational range difference between the advertised 100 miles and real world experience represents material damage to each of the class participants regardless of their current range capacity or their expected charge capacity at 5 years / 60,000 miles. This damage is not addressed in this settlement. Furthermore, driving a Nissan Leaf until it identifies only 8-capacity bars ignores the impracticality of using a vehicle that has already sustained 2 or 3 bars of capacity loss. The degradation at 9-bars of is severe enough to render the car impracticle for most drivers to continue to operate.
(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
(2) [name] [phone number]
[address]
(3) [vehicle year and model #]
(5) VIN: [VIN number]
(6) Mileage: [mileage]
(4) Purchased: [approximate purchase date]. [whether vehicle is owned or leased]
[signature]
***********************************************
Here are alternate drafts to point (7) :
http://www.mynissanleaf.com/viewtopic.php?p=326779#p326779" onclick="window.open(this.href);return false;
http://www.mynissanleaf.com/viewtopic.php?p=326704#p326704" onclick="window.open(this.href);return false;
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(Needs to be received by October 28th)
Link to original thread:
http://www.mynissanleaf.com/viewtopic.php?p=310869#p310869" onclick="window.open(this.href);return false;
******************************************************
Please consider this also:
Tony
-You do not have to give a reason to opt-out.
-I don't think it will matter much to the Settlement Administrator, but this is the template to opt-out:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
[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 current address] [phone number]
(3) [year] Nissan LEAF
(4) VIN: [VIN number], mileage: [odometer reading]
(5) Please exclude me from the Klee Settlement.
(6) I do not wish to be a Settlement Class Member and want to be excluded from the Settlement.
(7) [signed] [date]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Letter must be recieved by the Administrator by Oct. 28, 2013
The following was authored by "voltswagon":
**********************************************
(2 ) [name]
[address]
[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.
(7) I do not wish to be a Settlement Class Member and want to be excluded from the Klee & Wallak Settlement. My reason for wanting to be excluded from this settlement is that the settlement does not address the misrepresentations of Nissan North America as to the real-world driving range of the vehicle when Nissan’s charging guidance to 80%, and the loss of battery capacity over the life of the battery are considered. The manufacturer openly represented an operating range of 100 miles for the 2011 Nissan Leaf while obscuring their recommendations to 80% battery charging. Second, the 100 mile range claims were not tempered by the expected average range of the vehicle to 70% original capacity at 10 years of operation. Considering these factors together gives that vehicle a practical range of 55 miles over the usable life of the vehicle. Real world experience has also shown that a reduction to 70% of original charge capacity can onset much sooner than 10 years of use. The operational range difference between the advertised 100 miles and real world experience represents material damage to each of the class participants regardless of their current range capacity or their expected charge capacity at 5 years / 60,000 miles. This damage is not addressed in this settlement. Furthermore, driving a Nissan Leaf until it identifies only 8-capacity bars ignores the impracticality of using a vehicle that has already sustained 2 or 3 bars of capacity loss. The degradation at 9-bars of is severe enough to render the car impracticle for most drivers to continue to operate.
(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
(2) [name] [phone number]
[address]
(3) [vehicle year and model #]
(5) VIN: [VIN number]
(6) Mileage: [mileage]
(4) Purchased: [approximate purchase date]. [whether vehicle is owned or leased]
[signature]
***********************************************
Here are alternate drafts to point (7) :
http://www.mynissanleaf.com/viewtopic.php?p=326779#p326779" onclick="window.open(this.href);return false;
http://www.mynissanleaf.com/viewtopic.php?p=326704#p326704" onclick="window.open(this.href);return false;
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(Needs to be received by October 28th)
Link to original thread:
http://www.mynissanleaf.com/viewtopic.php?p=310869#p310869" onclick="window.open(this.href);return false;
******************************************************
Please consider this also:
Vuman said:
(otherwise know as 'having one's cake and eating it'!)
