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

[JimSouCal]

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.

I'd submit a very different reasoned view. Staying in simply shores up the lawyer fees. Nissan is estopped from withdrawing the warranty previously made--they offered it without condition prior to the settlement--it stands alone without the class action lawsuit.

Unless you wanted to sue Nissan under those terms that you probably were never made aware of, and thereby give up any future right for yet to be discovered problems, then opting out is the course of action, which ironically, requires your action (opting out) to take no action which relinquishes rights you would tend not to consider. This is not by accident. The lawyers in the room all knew this. Clearly. With a wink and a nod...

Frankly, I can't imagine anyone remaining in the class for any reason accept not wanting to devote the time for the letter and stamp. The class action lawyers in cahoots with Nissan have acted to limit extinguish your future right for recourse, and dealt themselves a fee of $1.9 Million.

Please reconsider opting out... Everybody should opt out... It's a bad deal for the greater of all owners and those who need battery warranty will still have it.

 

[TonyWilliams]

I originally didn't want to be part of any lawsuit, and by sending in two separate "Opt Out" forms, neither of my two former LEAFs will be, either.

The stamp goes on it in the morning.

 

[braineo]

Is there a way to find out for real if the battery capacity warranty is for real without joining the class action?

When I received the stickers and extended battery papers, there was no mention of a class action and that I had to join it to get any warranty that I recall.

My thinking is if the class action was a requirement for the waranty and if I was the defendant, I would have waited to close the class action before sending any warranty for the members of the class.

i understand section 10-11 in the lawsuit clearly stating that the warranty was due to the class actions and any rights to it depended on joining the class, but why did they mailed the warranty paperwork before the class action notice?

I'm somewhat confused. Anyone care to expnnd on what the estoppel action would do and if we ALL 2011-2012 owners/lessees have?

 

[vrwl]

It looks very much like you have to be a member of the class to get the warranty:

RELIEF TO SETTLEMENT CLASS MEMBERS

33. NNA agrees to modify the New Electric Vehicle Warranty for the Nissan 2011-2012 model year to add Lithium-ion Battery Capacity Coverage, as follows:
[*]a. The Lithium-ion Battery Capacity Coverage is in addition to the existing Lithiumion Battery Coverage for defects in materials and workmanship;
[*]b. The Lithium-ion Battery Capacity Coverage covers any repairs or replacements needed to return battery capacity to a level of nine remaining bars on the vehicle’s
battery capacity level gauge for a period of 60 months/60,000 miles, whichever comes first;
[*]c. Under the Lithium-ion Battery Capacity Coverage, if possible, the Lithium-ion battery components will be repaired in eligible vehicles and the Lithium-ion
battery will be returned to the vehicle and, if repair is not possible, the Lithiumion battery will be replaced in eligible vehicles with either a new or
remanufactured Lithium-ion battery;
[*]d. The Lithium-ion Battery Capacity Coverage is subject to the exclusions listed under the heading of “WHAT IS NOT COVERED” in the New Electric Vehicle Limited Warranty with the language related to gradual capacity loss considered modified such that the new Lithium-ion Battery Capacity Coverage will be effective.

34. 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.

Had anyone in this forum opted out of the class PRIOR to June 7th's mailing of the new warranty labels? If so, did you receive a label in the mail? This may be the only definitive way to know if the only people eligible for the warranty are class members. But to me, it sure looks that way based on item #34.

 

[vrwl]

... by sending in two separate "Opt Out" forms, neither of my two former LEAFs will be, either.

Since you no longer own the cars, does that mean you're making the choice to opt out of the lawsuit for the next owners of those two cars?

 

[TonyWilliams]

... by sending in two separate "Opt Out" forms, neither of my two former LEAFs will be, either.

Since you no longer own the cars, does that mean you're making the choice to opt out of the lawsuit for the next owners of those two cars?

I don't know. Since whatever future owner will have the warranty regardless of my status with this warranty, it should have no impact on future owners.

I don't happen to believe that Nissan will single out folks who opt-out to stop a warranty claim.

 

[Vuman]

Is there a way to find out for real if the battery capacity warranty is for real without joining the class action?

When I received the stickers and extended battery papers, there was no mention of a class action and that I had to join it to get any warranty that I recall.

My thinking is if the class action was a requirement for the waranty and if I was the defendant, I would have waited to close the class action before sending any warranty for the members of the class.

i understand section 10-11 in the lawsuit clearly stating that the warranty was due to the class actions and any rights to it depended on joining the class, but why did they mailed the warranty paperwork before the class action notice?

I'm somewhat confused. Anyone care to expnnd on what the estoppel action would do and if we ALL 2011-2012 owners/lessees have?

Guys, we all got the warranty. I went to Nissan and pulled up my warranty based on my VIN. You can do the same if you want. No way they can give us the warranty and then pull it back. That will run them afoul of consumer protection laws.

 

[JimSouCal]

Guys, we all got the warranty. I went to Nissan and pulled up my warranty based on my VIN. You can do the same if you want. No way they can give us the warranty and then pull it back. That will run them afoul of consumer protection laws.

Correct--the warranty is the warranty. Opting out will keep your options open as they should be by default but ARE NOT if you stay in the class.

It may shaft the lawyers who gleaned 1.9 million using you as cannon fodder, but really, after the evidence shoddy legal work, should this be a point of merit?

 

[surfingslovak]

Guys, we all got the warranty. I went to Nissan and pulled up my warranty based on my VIN. You can do the same if you want. No way they can give us the warranty and then pull it back. That will run them afoul of consumer protection laws.

Correct--the warranty is the warranty. Opting out will keep your options open as they should be by default but ARE NOT if you stay in the class.

It may shaft the lawyers who gleaned 1.9 million using you as cannon fodder, but really, after the evidence shoddy legal work, should this be a point of merit?

Yes, I believe this is true. A capacity warranty for BEVs is becoming a standard industry practice, and Nissan will likely not be able to offer an EV without such coverage for competitive reasons. Moreover, a similar opinion, in that the retroactive warranty won't be limited just to the members of the class, was expressed by another LEAF owner, who is more versed in these matters than most of us. If this was indeed the case, the future owners of Tony's vehicles will have capacity coverage if he opts out of the class, but Tony himself would retain the right to pursue any type of action or remedy. This, of course, includes doing nothing and seeking no compensation.

 

[nosuchthing]

Well, based on results, votes as of right now stand at 27 opt out and 23 stay in votes. So the opinion is about even in both courts. Very interesting...

I have not voted yet, myself... The jury's still out.

 

[essaunders]

I just got my letter yesterday. I'm still deciding what to do. I'd like to raise some objection but the confusion on whether the (pointless for me in the north) capacity warranty is contingent on being in the class us causing me to think twice.

 

[TonyWilliams]

I just got my letter yesterday. I'm still deciding what to do. I'd like to raise some objection but the confusion on whether the (pointless for me in the north) capacity warranty is contingent on being in the class us causing me to think twice.

I'm confident that with $1.9 million riding on it, the lawyers want you to believe that the capacity warranty is contingent, even if they don't actually say that (because it wouldn't be true).

 

[toasty]

any updates?

 

[mwalsh]

My lawyer hasn't gotten back to me since our first email exchange. The last voice mail message I left him to call me back was on Friday. I'm going to take it as an indication his firm isn't that interested. I'm still going to opt out personally though.

 

[surfingslovak]

I just got my letter yesterday. I'm still deciding what to do. I'd like to raise some objection but the confusion on whether the (pointless for me in the north) capacity warranty is contingent on being in the class us causing me to think twice.

I'm confident that with $1.9 million riding on it, the lawyers want you to believe that the capacity warranty is contingent, even if they don't actually say that (because it wouldn't be true).

Agreed. I haven't opted out yet, but I'm going to.

 

[nosuchthing]

Actually I happen to know a class-action lawyer who also leased a Leaf. Says that NOT opting out "limits your options" in the future.

Does this limitation impact me in any significant or meaningful way? Dunnu. But I am sorta maybe inclined to opt out now that he has spoken. He said he will.

 

[nosuchthing]

Like the Shark Tank guys lay it: I'm out! I like when they do that. The finality of it. Once you drop off that letter into the USPS maw you can't go back. So that's what happened today. My decision is a mixed bag of pros and cons and pros (to opt out) won.

Now the long wait for a real battery begins.

 

[Stoaty]

I have decided to opt out. It is very doubtful I will qualify for the warranty, but the chance of hitting four bars a year after the 5 year expiration date appears to be increasing. I have been very careful with my Leaf, live in an "average" climate, but I don't think I will come close to the 10 year figure bandied about by Nissan prior to the sale.

 

[eclecticflower]

I've decided to opt out, as well. Letter finalized and going in the mail.

 

[Anonymous]

Just wanted to throw my opt-out experience into the mix here.

1. I sent a return receipt to each of the places listed here as well and I immediately got a call from Capstone Law the same week - almost 10pm at night (they must not have a course on time zones in law school).

2. He sounded extremely nervous/flustered and said that I had to email him to complete the process because I wrote that I wanted to 'opt-out' and 'object' on the letter. I told him I wanted to 'opt-out'. He replied with "Oh, so you don't want the free warranty we're giving you?' I said 'Ummm...no, the metrics that are being used to determine whether or not you will qualify for this warranty/lawsuit are based on the 'bar loss' - in which I have lost zero bars but have already lost major range in one year/15k miles. Therefore I want to keep my options open.'

3. The sheer fact that a lawyer was acting like a sales person in a case to keep plaintiffs in the lawsuit was my determining factor in the whole process - if someone needs to hard-sell me into staying in a lawsuit, my decision was surely correct to opt out.

4. I then reiterated my stance that this lawsuit only does two things:
a) Gives lawyers millions of dollars.
b) Grants immunity to Nissan on your behalf as a consumer to not be liable for future issues.
c) I've stated hundreds of times before the metric of 'bars' on the dash are faulty to begin with - and the fact that I have already lost major capacity just by tracking my miles in the first year (but still have ALL BARS) means this extra year will mean nothing to me - or any person that will continue in the lawsuit.

ANYONE that owns or purchased a Leaf needs to opt-out - please get the word out ASAP.

I am just curious how long it will take for me to get to the point of:
Being able to drive 50 miles maximum on 100% charge.
Battery capacity still shows 100% and no missing bars..........