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

[mwalsh]

And don't forget to mail it Certified!

It does not need to be certified. Just first-class per the notice.

But then you'll have no proof you sent it, nor any that it got there. But whatever.

 

[Vuman]

And don't forget to mail it Certified!

It does not need to be certified. Just first-class per the notice.

But then you'll have no proof you sent it, nor any that it got there. But whatever.

Sorry Mike. People, you can send it certified if you want proof or just first-class regular mail. Just didn't want people to think that they have to send it certified.

 

[mwalsh]

Sorry Mike. People, you can send it certified if you want proof or just first-class regular mail. Just didn't want people to think that they have to send it certified.

Fair enough. Point taken.

 

[LTLFTcomposite]

Done and doner. Thanks for the template.
Looking back at the letter it really is misleading, implying that you will only get the warranty if you remain in the class. That part pisses me off, wasn't this letter sent be people who supposedly represent the interests of the class?

 

[Vuman]

Done and doner. Thanks for the template.
Looking back at the letter it really is misleading, implying that you will only get the warranty if you remain in the class. That part pisses me off, wasn't this letter sent be people who supposedly represent the interests of the class?

Guys, sorry if I seem to be answering everyone here in this thread, but this lawsuit has me inscensed. LTL, this lawsuit has been rigged since the beginning. And yes, if the letter had said if you opt-out, but you will not lose the warranty, definitely more will opt-out. I blame the court on this one as the letter was approved by them. But it would not have mattered anyways, as it is Nissan's option to terminate the lawsuit if said number of people opt-out. Is that crazy or what, if a large enough members of the Class believes that this is a bad settlement and opts-out, the Defendent gets the right to terminate the lawsuit??? It should have been if x mumber of the class opts-out, the lawsuit is terminated.

This is one of many reasons that I object to this lawsuit of which I will opine in a fictional story in my next post.

 

[nosuchthing]

Seriusly, fellow Leafers, you are wasting time parsing this nonsense. Why don't you all change direction to a forward looking one, all the while going back to the day you sat in your Leaf and totally appreciated the fact you were driving on electrons, and focus on the future?

And by that I mean the plethora of new chemistries, one with solid electrolyte, for example (see below) you will be putting into your Leaf by a certified electro auto mechanic at your cost--because all the warranties have expired--and keep on truckin'.

Because, really, this class action is small potatoes as compared to what's coming that your Leaf will be part of. We started with the pittance of 73 miles. Now it's 65, and it may be 58 by the time I'm dumping this original TB and getting a triple-better one. It's gonna happen, you can bet your Lifesavers on that.

The outfit below, as an example, will have a working real-world prototype in 18-24 months. I know your Leaf in moderate climate WILL last that long without a warranty claim. So, who cares about some class action that means diddly squat to my Leaf's performance one way or the other?

http://www.solidpowerbattery.com/index.html" onclick="window.open(this.href);return false;

 

[Stoaty]

The outfit below, as an example, will have a working real-world prototype in 18-24 months. I know your Leaf in moderate climate WILL last that long without a warranty claim. So, who cares about some class action that means diddly squat to my Leaf's performance one way or the other?

http://www.solidpowerbattery.com/index.html" onclick="window.open(this.href);return false;

I think you confused this thread with the one called "All Future Battery Technology Thread". Here is the appropriate place to post:

http://www.mynissanleaf.com/viewtopic.php?f=9&t=6494" onclick="window.open(this.href);return false;

 

[TomT]

And I also believe in the tooth fairy... Regardless, a prototype in 24 months - optimistic at best - means real production - assuming no problems, and that is a big assumption - in no sooner than 3 more years past that...

The outfit below, as an example, will have a working real-world prototype in 18-24 months.

 

[surfingslovak]

And I also believe in the tooth fairy... Regardless, a prototype in 24 months - optimistic at best - means real production - assuming no problems, and that is a big assumption - in no sooner than 3 more years past that...

Yes, this is very early stage, and I would not put any hopes on it. There is also Envia, among the numerous battery startups, which could be further along. My primary motivation to get this figured out is to ensure that there is a workable arrangement in place with the technology available today. I personally don't believe that Nissan would have offered a capacity warranty this quickly without some form of challenge. While I wish that the new battery chemistry they are working on was available sooner, some concerns remain. That said, I certainly respect and share the enthusiasm, but it would be good not let that cloud the judgement.

 

[nosuchthing]

I agree that applied pressure does get things done, and done faster. That has already been shown working quite well in hot states. It took Nissan a few months but they did cave in. It was a blatant case of insufficient testing on their part, and after some hesitation they stepped up to the plate.

As far as the new and exciting TB tech, it was just an example of what's in the pipeline. Certainly, some companies are ahead of the others. I say, more power to them, pun intended. But the tech IS coming.

The point is, Leaf has zero cost associated with its maintentance. That's money saved. I am perfectly willing to spend 5 grand on a new battery once it arrives to the marketplace, and there are qualified people to put it in. The total savings on the car outweigh this one-time cost. And hopefully this tech will last longer and will be denser than the previous one.

My '04 CRV cost the extended warranty company 8,000 bucks over 100,000 miles. If I did not have it, I'd eat at least half of that. I consider new cars actually less reliable then they've ever been. And the new parts cost about 5x more than in the 90s. This is why 5 grand for a new TB is not such a horrible investment as it may seem. And then it's see ya in 5 years.

Gotta love the EVs.

 

[surfingslovak]

I 5 grand on a new battery once it arrives to the marketplace, and there are qualified people to put it in. The total savings on the car outweigh this one-time cost. And hopefully this tech will last longer and will be denser than the previous one.

We still don't have a retail price for the battery from Nissan, and they apparently have decided not to release this information. To claim any number as the replacement cost is a bit premature. While the battery tech will get better, it won't help anyone today, next year or the year thereafter. It's just too hypothetical, and it has nothing to do with the topic of this thread.

The new battery Nissan has announced is much more relevant, but once again, there are no performance specs, availability date or price. It's not even clear if the battery will be installed in every new LEAF when it becomes available. I believe that would be a far more relevant concern than a battery startup in Colorado, although I wish them and others in that space well.

This is the reason why it would be advisable to remain cautious. There is nothing in writing beyond the proposed settlement of this class action, and many, including myself, find that not very satisfactory.

 

[Vuman]

The following satire is only intended for fellow Leafers for self-defecation humor and commiseration, you Telsa drivers can go screw yourself until I can afford one.

The AshLeaf Saga

Rated: S for silliness, sorrow, and full of scarcasm.
Any characters depicted in this satire are fictional, but it may represent real life characters.

In a long, long time ago, actually a few months ago, Vader from the Dark Force Law Firm was driving in his Telsa Model S to his 1.9mil vacation home in Palm Springs when he passed by a couple of AshLeafs, owned by Humberto and David, stranded on the side of the road. Finally seeing a third AshLeaf, Vader pulls over and asks Vuman whats going on? Vuman replies, "I'm waiting for a car tow, the sales rep told me the range of this car would be 100 miles and only 10 months into this car I've already lost over 20% capacity and my range is only 60 miles now." Vader: "Man, you are totally screwed, my Telsa's got a real thermo-controlled battery management system. I tell you want, I'll form a class action and let you be the lead Class Rep."

Two months down the road, Vader and a lawyer from the Evil Empire Car Company are in a heated discussion and negotiation. Vader: "Man, I just brought this home in Palm Springs, can you help me out?" Other lawyer: "I know its a little short of that 30% degradation over 10yrs that we promised, but how about we give them this 5yr/60k warranty that they already have"? It would work great for us."
Vader: "Sounds good to me, we'll throw in a $5000 bone for Vuman. That sucker will snap it up."

One week later, Vader and Vuman are meeting. Vader: "That company lawyer sure was a hard negotiator, we debated all week on the golf course and stayed up into the wee-nights at Cheetahs. But I was able to get you a brand new battery warranty. Plus we got you $5000!!"
Vuman: "Yi-pee". Kisses Vader's shoe.
Vader: "I'll even put in a level 2 charger at my home in Palm Springs by the dog house if you ever need an extra charge. You can come by any time, but it'll be $2/hr for the charge."

 

[uwskier20]

...you Telsa drivers can go screw yourself until I can afford one.

If it makes you feel better, I test-drove one yesterday, and came away not as impressed as I hoped I would be.

 

[LTLFTcomposite]

The following satire...

Funny stuff, but did you mean to say "self deprecation" ?

 

[toasty]

"Consistent with the foregoing settlement terms, on or about June 7, 2013, NNA
notified all Class Members of the proposed relief and mailed labels describing the new warranty
coverage to all Class Members to affix to Class Members’ Warranty Information Booklets. The
letter was sent after the parties negotiated the settlement in this action and contains the same
terms as set forth herein and in the Class Notice. "

see

http://www.nissanleafsettlement.com/Documents/NNK0001/NNK_Settlement_Agreement.pdf" onclick="window.open(this.href);return false;

page 10 and 11.

 

[LTLFTcomposite]

Settlement Class Members may elect to exclude themselves from this Settlement
Agreement, relinquishing their rights to benefits under this Settlement Agreement.

Did I just screw myself out of the 9-bar-or-better battery warranty?

 

[nosuchthing]

I just finally opened that letter.

60,000 miles and less then 9 bars. This settlement, lads, is meant strictly for hot states. It does not concern anyone in moderate areas. None of "us" will ever get to 8 bars before or on 60,000 mark. It's "chemically" impossible... I'm at 42,000 plus, with 63-mile range and 1 tooth missing as an example.

So, I do support the poor folks in hot states that got screwed and had to force Nissan's hand for a buyback. Therefore, I decided to stay in for their sake, just in case Nissan decided to give them hard time again. It probably won't happen, but you gotta be sure.

Like you go to your door when you wake up to go piss in the middle of the night, to make sure it's locked because once in the while something didn't happen, somebody screwed up, forgot, didn't pay attention, and so on, and it's not.

 

[Stoaty]

Settlement Class Members may elect to exclude themselves from this Settlement
Agreement, relinquishing their rights to benefits under this Settlement Agreement.

Did I just screw myself out of the 9-bar-or-better battery warranty?

You won't have the right to have your battery replaced for loss of capacity under the settlement, but Nissan has already announced a warranty for all Leaf batteries for 5 years/60,000 miles (well before the settlement) so you don't need the settlement. That's my understanding.

 

[pattylow]

I purchased my Leaf in April of 2012. In the beginning the range was a little less than 80 miles on 10 bars. Currently I can drive 58 miles on 10 bars (driving 65mph or less). The battery charges to the full 12 bars so the warranty will not apply to me. So frustrated with the battery performance. I've complained to Nissan but they said that they never guaranteed a range.

I did receive the upgraded warranty before I received the class action notice so that bit about "You get no benefits..." seems like a scare tactic. I will opt out.

 

[nosuchthing]

The battery charges to the full 12 bars so the warranty will not apply to me.

I think you are mixing up the range bars and capacity bars. Range bars always go to 12, it's the capacity bars, the little squares to the right of the range bars that are disappearing and herald the loss of range.

I admit we all use the term range bars sort of loosely, but the two, range and capacity bars are distictly different animals.

The point of contention with Nissan is the capacity bars, and having to wait until you drop to 8 of them in order to get a reprieve (i.e. brand new or used but better battery) from Nissan. And all that while in warranty. So once you're outside of warranty you are on your own. Which is another point of contention. You cannot buy the battery from Nissan either. A nice automotive catch 22 courtesy of Nissan.

That's why we talk about it incessantly, and keep on waiting for Nissan's Godot.