B0133 NO BATT CAPACITY WARRANTY

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JeremyW

Well-known member
Joined
Nov 13, 2011
Messages
1,575
Location
San Gabriel, CA
So I'm getting my battery check done at Glendale Nissan and they let me know that this has been added to my service record: B0133 NO EV BATT CAPACITY WARRANTY. They didn't add it, they think it was added by corporate. I think it's because I opted out of the settlement. I encourage others who opted out to verify through your local dealer that this has also been added to your car.

Update: It is because I opted out of the settlement.

Furthermore if you are shopping for a 2011 or 2012 Leaf, this warranty exclusion is tied to the VIN. Verify before purchase, buyer beware.

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Edit: Added printout
Edit2: Updated info
 
JeremyW said:
So I'm getting my battery check done at Glendale Nissan and they let me know that this has been added to my service record: B0133 NO EV BATT CAPACITY WARRANTY. They didn't add it, they think it was added by corporate. I think it's because I opted out of the settlement. I encourage others who opted out to verify through your local dealer that this has also been added to your car.

I understand this is aggravating, but if someone opts out if settlement that provides replacement then mean you do have to sue directly or arrange direct compensation? What was the original warranty for battery at time of purchase?
 
epirali said:
I understand this is aggravating, but if someone opts out if settlement that provides replacement then mean you do have to sue directly or arrange direct compensation? What was the original warranty for battery at time of purchase?
I opted out because I thought the settlement was a sham designed to protect Nissan. Additionally, I made an educated guess (based on the Battery Aging Model) that I probably wouldn't qualify for said "warranty" until I was well past 5 years. With only 2 years to go and a loss of 17.8% (and virtually zero loss in the last 8 months), it looks like I guessed correctly. Opting out protected my ability to sue Nissan if I thought it necessary. However, it still feels like a slap in the face. Looking forward to buying a Tesla in 2017.
 
Stoaty said:
epirali said:
I understand this is aggravating, but if someone opts out if settlement that provides replacement then mean you do have to sue directly or arrange direct compensation? What was the original warranty for battery at time of purchase?
I opted out because I thought the settlement was a sham designed to protect Nissan. Additionally, I made an educated guess (based on the Battery Aging Model) that I probably wouldn't qualify for said "warranty" until I was well past 5 years. With only 2 years to go and a loss of 17.8% (and virtually zero loss in the last 8 months), it looks like I guessed correctly. Opting out protected my ability to sue Nissan if I thought it necessary. However, it still feels like a slap in the face. Looking forward to buying a Tesla in 2017.

Understood. I guess I am confused in that your original warranty, whether it is triggered or not, should still be in place. I don't think it can be revoked unilaterally.
 
epirali said:
Understood. I guess I am confused in that your original warranty, whether it is triggered or not, should still be in place. I don't think it can be revoked unilaterally.
Originally, Nissan did not offer a capacity warranty. They fed us the koolaid (which we eagerly drank) that they had done all kinds of testing, average battery capacity loss should be about 30% at ten years. Turns out they screwed up royally, got sued in a class action lawsuit, and got a sweetheart deal (not yet formally approved by the judge, I believe) that only required them to make good on the most severely affected Leafs that couldn't even last 5 years with 66.25% capacity remaining. The rest of us got thrown under the bus, although the ones mainly affected are those who bought rather than leased.
 
And they they lowered the price of subsequent year models so our resale value leaves us no choice other than holding on to said vehicle forever. :lol:
 
Is anybody really surprised that when you opt out of an offer, that the manufacturer actually takes you up on it? Did anybody who decided to opt-out really think that Nissan was going to let them take advantage of the battery capacity warranty anyway?

What does concern me with this 'No Capacity Warranty" branding is how it will affect used cars...if JeremyW and others who opted-out were to sell their cars before 5 years/60k miles, does the next owner get denied the warranty as well?
 
Not surprising considering your Avatar image, Jeremy. ;)

Did yout dealer say anything about your Brusa?
 
RonDawg said:
Is anybody really surprised that when you opt out of an offer, that the manufacturer actually takes you up on it? Did anybody who decided to opt-out really think that Nissan was going to let them take advantage of the battery capacity warranty anyway?

What does concern me with this 'No Capacity Warranty" branding is how it will affect used cars...if JeremyW and others who opted-out were to sell their cars before 5 years/60k miles, does the next owner get denied the warranty as well?
I wonder what would happen if one leased, opted out and then returned the car at lease end. Would this exclusion still apply to whoever buys it next or will it be removed?
 
cwerdna said:
RonDawg said:
Is anybody really surprised that when you opt out of an offer, that the manufacturer actually takes you up on it? Did anybody who decided to opt-out really think that Nissan was going to let them take advantage of the battery capacity warranty anyway?

What does concern me with this 'No Capacity Warranty" branding is how it will affect used cars...if JeremyW and others who opted-out were to sell their cars before 5 years/60k miles, does the next owner get denied the warranty as well?
I wonder what would happen if one leased, opted out and then returned the car at lease end. Would this exclusion still apply to whoever buys it next or will it be removed?

It should be restored because the person opted out not the car. But I am not a lawyer. If it were the case they did it on the car level then that could potentially have an effect on the resale value.
 
I opted out but there is no such entry in my record as of March. But then, I've also never received any emails, surveys or the like from Nissan, nor any snail mails of any kind, so they may not actually know I exist and own a Leaf... :lol:

If removing opt-out people from the capacity warranty was actually done on purpose though, it would make me think strongly about ever buying another Nissan product!
(Speaking of which, has the class action suit ever been certified? If not, Nissan's action - if true - is even more despicable...)

JeremyW said:
So I'm getting my battery check done at Glendale Nissan and they let me know that this has been added to my service record: B0133 NO EV BATT CAPACITY WARRANTY. They didn't add it, they think it was added by corporate. I think it's because I opted out of the settlement. I encourage others who opted out to verify through your local dealer that this has also been added to your car.
 
Well, here's what I think, FWIW. There is nowhere, NOWHERE, on the letter we received from Nissan about the capacity warranty where it indicates that it's in any way the product of a lawsuit settlement, even though that is highly likely the only reason the warranty WAS created. I think it would put them on a very shaky legal footing to now come back and say that it is definitely a result of the settlement, and thus the opt-out-ees are not entitled to it at all. That's the first thing that's on my mind.

The second thing on my mind is that we still don't know that it's all opt-out-ees. We're just assuming it is, based on these two vehicles that may well be coincidental outliers. I already emailed my dealer asking about my own car's record a few days ago. Even though they said I had nothing to worry about (based on her conversation with the Nissan Corporate EV engineer they have posted on-site), I don't think they actually went into the record for my car to check. So now I've asked that they do that, and get back to me with a definite yes or no.

So let's assume that we have been black-balled...what next? Well, another class-action would be a logical place to begin. With 60+ named plaintiffs, assuming everyone who opted-out wants to file anew, we could definitely get a law firm interested, perhaps even my normal go-to guys for class actions, even though they weren't really enthused about it when I first approached them. Then there is the idea of individual small claims actions. In CA (providing it's your first time in small claims for the year), you can sue for up to $10,000. That would go a long way to making me happy about my battery degradation; the lack of a warranty for it; and my inability to purchase a new battery pack.

All things for us (and Nissan) to think about.
 
My thought too- I've never seen or heard any mention that the warranty is conditional on not opting-out. I'm happy to try to get more info/clarification on this, but it would be helpful to determine if this has happened to others besides JeremyW- i.e., is a consistent response to those who opted out, or more of a fluke. If folks who find this notation on their records are willing to pm me with the name on the vehicle record and VIN (last 8), I'll see what I can find out.
 
mwalsh said:
Then there is the idea of individual small claims actions. In CA (providing it's your first time in small claims for the year), you can sue for up to $10,000. That would go a long way to making me happy about my battery degradation; the lack of a warranty for it; and my inability to purchase a new battery pack.
That's my current plan. When my Leaf gets to 70% (around 6 years/60,000 miles, I estimate), I will ask Nissan for a 40% discount on the price of a new pack (assuming they will sell me one in 3 more years!!!). If they don't agree, I will file in small claims court requesting that amount of money. While I may lose, I don't think Nissan wants that sort of publicity.

PS Going in for my 3 year battery check today, will see if I have been blackballed. :evil:
 
mwalsh said:
Well, here's what I think, FWIW. There is nowhere, NOWHERE, on the letter we received from Nissan about the capacity warranty where it indicates that it's in any way the product of a lawsuit settlement, even though that is highly likely the only reason the warranty WAS created. I think it would put them on a very shaky legal footing to now come back and say that it is definitely a result of the settlement, and thus the opt-out-ees are not entitled to it at all. That's the first thing that's on my mind.

I can't find my letter, but this is what this website http://classaction.kccllc.net/CaseInfo.aspx?pas=NNK" onclick="window.open(this.href);return false; says in their FAQ:

5. What are the possible benefits of this settlement?

If you are a Settlement Class Member, your 2011 and/or 2012 Nissan New Electric Vehicle Limited Warranty will be modified to include coverage against capacity loss below nine bars of capacity, as shown on the vehicle’s capacity gauge, for a period of 60 months or 60,000 miles, whichever occurs first, under the terms, limitations and exclusions provided by the Nissan New Electric Vehicle Limited Warranty. In other words, if your Nissan LEAFTM experiences capacity loss below nine bars of capacity for a period of 60 months or 60,000 miles, whichever occurs first, and you bring your car to an authorized Nissan dealership, the dealer will restore your battery’s capacity to nine bars. This warranty is limited by the existing terms in the Nissan New Electric Vehicle Limited Warranty. Nothing else in the Nissan New Electric Vehicle Limited Warranty is changed, and all other terms, limitations and exclusions remain in effect.

8. What do I need to do to get the benefits of this settlement?

TO REMAIN A SETTLEMENT CLASS MEMBER AND BE ENTITLED TO THE ENHANCED LITHIUM-ION BATTERY CAPACITY WARRANTY COVERAGE PURSUANT TO THE SETTLEMENT, YOU DO NOT NEED TO DO ANYTHING. As a Settlement Class Member, you automatically are entitled to receive the expanded warranty coverage pursuant to the settlement, unless you opt out as explained in FAQ #9 and FAQ #10. The only thing you need to do to use the expanded warranty coverage benefit, as described above, is take your vehicle to an authorized Nissan dealer for repair if and when it requires repair during the first 60 months or 60,000 miles, whichever occurs first.

The most important part:

9. Can I get out of the settlement?

You can get out of the settlement and the class. This is called “excluding yourself” or “opting out.” If you exclude yourself from the settlement, you will not be entitled to receive the settlement benefits. However, you will not be bound by any judgment or settlement of this class action lawsuit and will keep your right to sue Defendant independently, if you want.

It seems quite clear to me that Nissan's settlement (as agreed to in Klee) is to offer us 2011/2012 owners and lessees this battery capacity warranty in exchange for our right to sue Nissan, and that if you opt-out so you can still sue them, you are not entitled to the warranty.
 
RonDawg said:
It seems quite clear to me that Nissan's settlement (as agreed to in Klee) is to offer us 2011/2012 owners and lessees this battery capacity warranty in exchange for our right to sue Nissan, and that if you opt-out so you can still sue them, you are not entitled to the warranty.
Just one fly in the ointment here: Nissan announced the capacity warranty long before any settlement letter even came out, and made no mention of agreeing to the settlement in their announcement.
 
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.
 
RonDawg said:
I can't find my letter, but this is what this website http://classaction.kccllc.net/CaseInfo.aspx?pas=NNK" onclick="window.open(this.href);return false; says in their FAQ:


I was talking about the letter we got from Nissan regarding the battery warranty (the one that had the accompanying sticker to place in our owners manual), which appeared to have nothing to do with any communication we received from plaintiff's counsel.
 
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