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

[TomT]

Interesting... I sent my opt-out form in a couple of weeks ago and have heard nothing to date... Of course, I really didn't expect to since I sent it to the settlement administrator.

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

 

[ttweed]

My point is that the settlement is worth absolutely nothing to anyone except Nissan, the plaintiffs' attorneys, and the two named plaintiffs. Why be bound by an agreement that offers zilch as consideration?

Thank you for the informed advice you have offered in this thread. I sent my opt-out letter today.

TT

 

[larrycookjr]

Thanks everyone for the advice and letter templates. I have opted out.

 

[TonyWilliams]

As of today, Oct 18, 2013, I would send any opt-out letter overnight, with return receipt.

Tony

 

[Stoaty]

Opt out letter sent. Although the Battery Aging Model predicts 6.80 years to EOL for my Leaf, I won't be surprised if I end up at 5.5-6.0 years instead. Probably will be just outside the warranty, so want to preserve my right to be part of a second class action lawsuit if needed.

 

[TomT]

It would be interesting to know what percentage opted out of the settlement... Considering how many folks don't normally do so, never read a settlement, or never even receive it, I suspect it is quite low... Of course, this is what class action settlement lawyers depend on!

 

[JimSouCal]

It would be interesting to know what percentage opted out of the settlement... Considering how many folks don't normally do so, never read a settlement, or never even receive it, I suspect it is quite low... Of course, this is what class action settlement lawyers depend on!

I am actually considering sending a written objection to the court, that would argue, effectively, no notice. For every financial class action I've been invited to join, my action was required. Here, inaction is the effectively, action to join...

The whole thing works better for Nissan than it does for the class, as others point out, it limits your remedies; so I conclude.

 

[TonyWilliams]

One week to go...

 

[TimLee]

I sent the "opt out" letter, and voted in the poll.
I'm surprised by only 58% of the 88 people that have voted to date having opted out.
How many people were irritated enough with these attorney's to gripe at them via E-mail or a hard copy letter?
How many complained about them to the CA legal profession regulators?
Seems unlikely this ill conceived / ill performed class action won't be finalized.
Not too bad for those that live in really hot places and get two capacity warranty replacements.
Really poor for the rest of us that hit 8 bars / 12 bars, 66.25% just a few months past 5 years / 60,000 miles.
I hope the two people that filed this thing are proud of themselves and their $5,000 each.
Where is the shame in this world any more?????

 

[mwalsh]

Sent mine today, Express Mail (due to time management problems during the last two weeks). Coincidentally, I also heard back from my class action guy today, who applologized for being slammed and suggested we talk by phone tomorrow.

 

[toasty]

Nissan Leaf Settlement Administrator
P.O. Box 43191
Providence, RI 02940-3191

wonder why, RI

 

[toasty]

I wonder can we opt-out via email to: [email protected] (electronically)

 

[TomT]

It needs to be signed so I would say no...

I wonder can we opt-out via email to: [email protected] (electronically)

 

[uwskier20]

Finally got mine sent yesterday. Two-day Priority Mail w/ Certified Mail added on for good measure. Arrives Friday.

Folks who haven't sent theirs yet can probably still do so today with the above options, and have it arrive Saturday. Two-day Priority Mail + Certified Mail (using their pre-printed Priority Mail envelopes, which was cheaper than providing my own) cost $8.70. Money well spent.

 

[oakwcj]

I wonder can we opt-out via email to: [email protected] (electronically)

No. The Request for Exclusion must be sent to the settlement administrator in Rhode Island.

 

[mwalsh]

OK, so I talked to my guy. An option he suggested, and I don't think it's been suggested here before, is that someone stay in the class but file an objection. Even with a single objection, this should apparently prohibit the settlement from moving forward as offered. Has anyone done this? Is anyone who was going to stay in the class willing to file such an objection?

Otherwise, I need to get a firm idea of everyone who opted out, and a further idea of who might be willing to file a new suit. I also need to get a better idea of exactly what we'd be looking for instead of what has already been offered.

 

[uwskier20]

...someone stay in the class but file an objection. Even with a single objection, this should apparently prohibit the settlement from moving forward as offered. Has anyone done this? Is anyone who was going to stay in the class willing to file such an objection?

I wonder if it'd be possible to submit a detailed objection as a group, as an action separate from and not to affect any individual action taken. Something with 50-100 signatories might catch the attention of the court.. maybe...

 

[mwalsh]

Oops. Deadline for objection was back on 10/14. Too late to do that now.

Did anyone already file an objection?

 

[nosuchthing]

What a Nissan class action needs to address is not what's already coverered by the warranty.

How about class action about that claim it was a 100-mile car? Frankly, that's been the rub for me b/c I invested in this car for my 84-mile freeway commute. That would have never been possible, even when the battery was new. None of us 2011 buyers had a chance to learn otherwise in April of 2010 when we signed the dotted line on a $99 downpayment. Nissan knew or should have known this very well and it sugarcoated the fact.

Talking about misrepresenting the "mileage" of this vehicle. I would not have bought into it if I had known it had a real-life, 65 mph, highway range of 73 miles. On a good day.

 

[mwalsh]

^ Sorry, but that's where I have to leave you in terms of agreement. Everyone here knew 100 miles was LA4, and impossible highway. That's a due diligence arguement without any doubt.