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

[TimLee]

^ 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 argument without any doubt.

I don't think there is much potential to sue on vehicle range. It is unfortunate that Nissan spent so much time talking about 100 mile range, and poorly informed or unscrupulous dealers still spend time quoting unrealistic ranges. But Nissan had information in some of their print marketing, such as the graphic in National Geographic, that was fairly explicit that the range could vary significantly.
The class action settlement is primarily deficient in the inadequacy of the capacity warranty that Nissan is providing. 5 years / 60,000 miles / 66.25% is NOT what the Nissan executives were stating about battery capacity degradation. The battery chemistry is defective compared to what they were stating, and the proposed remedy is deficient.

 

[Stoaty]

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.

Yes, but since the EPA rated the Leaf at 73 miles, you don't have much of a case. All you have to do is look at the sticker on the car or read about it almost anywhere on the web.

 

[mwalsh]

Yes, but since the EPA rated the Leaf at 73 miles, you don't have much of a case. All you have to do is look at the sticker on the car or read about it almost anywhere on the web.

Agreed. Anything over was gravy. A delicious gravy that many of us fully enjoyed for a while.

Now that delicious gravy has turned lumpy, and has a nasty skin on top.

 

[JimSouCal]

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

Did anyone already file an objection?

One could still object and claim inadequate notice.

 

[toasty]

my local dealers advertised 100 mile range.

others said much more.

 

[TimLee]

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

wonder why, RI

I was curious about this too.
The electronic return receipt I received showed the following for recipient:
Signature of Recipient : Peter Peezy
Address of Recipient : Computershare
I'm not sure whether Computershare is acting as the Settlement Administrator.
Seems more likely that they are just providing a service for the Settlement Administrator and compiling all the hard copy responses into a summary electronic file for the Settlement Administrator.
Seems silly and inefficient if all they want is an electronic file that includes signatures, that the Opt Out couldn't have been sent electronically from the start.
Just more poor performance by the class action attorneys and the court.

 

[nosuchthing]

Yes, but since the EPA rated the Leaf at 73 miles, you don't have much of a case.

There was no EPA rating of the Leaf on April 20-something, 2010.

 

[mwalsh]

Yes, but since the EPA rated the Leaf at 73 miles, you don't have much of a case.

There was no EPA rating of the Leaf on April 20-something, 2010.

But there was the LA4 data. And there was plenty of discussion here that we hoped it would do 60 or 70 miles highway. Anyone who expected 100 miles highway was pretty delusional (no offense).

Here's a thread you need to re-read (note the dates):

http://www.mynissanleaf.com/viewtopic.php?f=16&t=89" onclick="window.open(this.href);return false;

And this one:

http://www.mynissanleaf.com/viewtopic.php?f=16&t=216&p=1378#p1378" onclick="window.open(this.href);return false;

 

[Stoaty]

There was no EPA rating of the Leaf on April 20-something, 2010.

At that point you only had to put down a $99 fully refundable deposit. At the time you made the actual purchase the EPA figure was on the car and well known, unless your eyes were closed.

 

[downeykp]

Gentleman, you are making the assumption that everyone who was an early adopter was totally tuned into MNL. I do not believe that was the case. People tend to hear what they want to hear. Some believed everything their dealer told them because people want to believe that dealers know what they are talking about.
So if Nissan is bragging (making a lot of press releases) about 100 plus miles of range and the dealers are just echoing what Nissan is saying many in the public are going to believe nissan and the dealer.
Nissan made a lot of statements that the good people on MNL called bullshit on. Good for us.

 

[vrwl]

Opted out, Priority Express Mail, signature required for delivery.

 

[GerryAZ]

Opted out, Priority Express Mail, signature required for delivery.

+1

Gerry

 

[TonyWilliams]

Tomorrow, Saturday, Oct 26, 2013 is the last day the you can overnight an Opt-Out letter.

 

[vrwl]

Here's the status of mine, sure hope they pick it up from the Post Office on time...

 

[uwskier20]

Mine arrived yesterday, a whole day earlier than the promised delivery time.

I've pressed this to the Seattle Facebook group, but there seems to be a lot of concern about losing the warranty by opting out. I don't think many Seattleites (or any at all!) will benefit from the extended warranty, however... only the Class counsel will. Not to mention that it seems well-established that warranty benefits won't be lost by opting-out.

 

[vrwl]

Mine arrived yesterday, a whole day earlier than the promised delivery time.

I've pressed this to the Seattle Facebook group, but there seems to be a lot of concern about losing the warranty by opting out. I don't think many Seattleites (or any at all!) will benefit from the extended warranty, however... only the Class counsel will. Not to mention that it seems well-established that warranty benefits won't be lost by opting-out.

According to Stoaty's degraded battery model, I'll just miss the warranty replacement if we stayed here in Dallas. However, it looks like we'll be moving to Northeastern PA in the next 6-9 months, so that further reduces the chances of me getting any sort of warranty replacement. Like others, I doubt that the warranty is tied to being a member of the class in this lawsuit, but even if it is, the warranty won't help me anyway. So that pretty much sealed the deal for me opting out.

 

[walterbays]

If you haven't opted out I suggest you look at the battery degradation model for a prediction of your own battery before making your final decision. http://www.mynissanleaf.com/wiki/index.php?title=Battery_Capacity_Loss

Here's what the range implications are for me.

100 miles - as advertised by Nissan (with tons of fine print) when NEW
70 miles - represented by Nissan with anticipated capacity loss in TEN YEARS
73 miles - actual when NEW
48 miles - as warranted by Nissan (66.25% capacity) in FIVE YEARS
39 miles - as warranted by Nissan in FIVE YEARS with 80% CHARGE
56 miles - predicted for my car in FIVE YEARS
44 miles - predicted for my car in TEN YEARS
36 miles - predicted for my car in TEN YEARS with 80% CHARGE

Which raises the old question of whether the end justifies the means. Had Nissan advertised LEAF not as a 100 mile car but as a car guaranteed to go at least 39 miles with recommended charge over 5 years, no doubt it would have been a monumental failure in the market. EV's if they existed at all would be no more than a rich man's toy. The mass EV market exists, with steadily improving products, because Nissan placed a big bet on it, as did the US DOE, state and local governments, a few businesses, and drivers.

Yet even 36 miles would be sufficient for my normal daily driving. Is Nissan's exaggeration of delivered range justified by drivers' exaggeration of required range? All I can say is I love/hate Nissan. Now if some time around the 5 year mark they offer me a greater than 24 kWh battery with improved heat tolerance for a fair price, then I'll definitely tilt to the love side.

 

[TimLee]

All I can say is I love/hate Nissan. Now if some time around the 5 year mark they offer me a greater than 24 kWh battery with improved heat tolerance for a fair price, then I'll definitely tilt to the love side.

+1000
EVs are great in many regards. I thank Nissan a lot for helping me learn that!
But their marketing that over hypes the positive, and their refusal to acknowledge the negatives or even talk about battery price is down right infuriating! :x :x
Some say, well we just can't talk about or acknowledge the negative, as it just might hurt the perception of EVs, and EVs are so important and so good, we just can't do that.
The end does not justify the means. EVER :!:
Full complete open honest communication on all issues is all that in the long term will be good for the adoption of EVs.
Walterbays your mileage summary is absolutely right on. Every potential LEAF buyer needs to know that. As Paul Harvey used to say, "And now you know the rest of the story". :? :roll:

 

[EricBayArea]

Opted out. If anyone is keeping a list, put me on it.

I didn't see anywhere that explicitly tied the extended warranty to the suit. Especially considering Nissan sent me the updated warranty in the mail quite some time ago and this suit is occurring now.

 

[TonyWilliams]

Last day to Opt-Out with an overnight letter.