Gathering a Class action suit against Nissan

[BlueSL]

Non-lawyers: stop thinking you know everything. You don't.

Here is California Business & Professions Code Section 17200: As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.

Here is California Business & Professions Code Section 17203: Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of such unfair competition.

Now. who here thinks Nissan conduct does not rise to the level of an "unfair business act or practice" or "unfair, deceptive, untrue or misleading advertising?"

 

[derkraut]

Non-lawyers: stop thinking you know everything. You don't.

Here is California Business & Professions Code Section 17200: As used in this chapter, unfair competition shall mean and include any unlawful, "unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.

Here is California Business & Professions Code Section 17203: Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of such unfair competition.

Here is California Business & Professions Code Section 17206(a): Any person who engages, has engaged, or proposes to engage in unfair competition shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, by any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, by any city attorney of a city, or city and county, having a population in excess of 750,000, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor, or, with the consent of the district attorney, by a city attorney in any city and county, in any court of competent jurisdiction.

Now. who here thinks Nissan conduct does not rise to the level of an "unfair business act or practice" or "unfair, deceptive, untrue or misleading advertising?"

Thanks blueSL; maybe now we can put this asinine thread to bed?

 

[Stoaty]

Now. who here thinks Nissan conduct does not rise to the level of an "unfair business act or practice" or "unfair, deceptive, untrue or misleading advertising?"

I don't think it does, and I very much doubt a court would find that it does.

 

[jhm614]

I will go along with this suit if the compensation is the center console applique treatment from the ECO package.

You and I don't have the same sense of humor but I have to admit this one actually made me LOL.

j.

 

[ERG4ALL]

unfair competition shall mean

As shown, the rest of the code talks about deception, etc. Is what Nissan has done "unfair competition"? I didn't think at this point there is much competition in the price range that Nissan has positioned the LEAF. Having said that, I would think that Nissan still should have some statement indicating exactly how they set the order of delivery of the cars. There may be a perfectly logical reason or reasons why the delivery order is not in lock-step with the order placement.

 

[evnow]

Non-lawyers: stop thinking you know everything. You don't.

Are you a lawyer and is this your professional opinion ?

who here thinks Nissan conduct does not rise to the level of an "unfair business act or practice" or "unfair, deceptive, untrue or misleading advertising?"

Bugs happen in software and you will have a hell of a time trying prove it wasn't a bug, but a designed feature.

If you think this was "by design" i.e. a conspiracy, take off your tin foil hat.

 

[Jimmydreams]

I say we all jump in on this.

And then, file a class action suit against the lawyers when we lose!!!
:lol:

 

[cdub]

This thread is the most ridiculous thing ever. Class action suit for what?

Do you really want to kill EVs before they even began?

But again - class action suit for what? No one has been hurt. No one has been damaged. It's a damn car.

 

[TonyWilliams]

Just having a bunch of people stand up and say "This might be worth a Class Action lawsuit!" could be enough to get Nissan's attention and some meaningful communication about the screw-ups and delays.

Actually, the any open communication would stop, to prevent being used in any pending lawsuit.

Tony

 

[GrumpyCabbie]

This thread is the most ridiculous thing ever. Class action suit for what?

Because he's behind on his mortgage payments and he's bored of chasing ambulances?

I also imagine he's a bore at parties too!

 

[Herm]

One advantage of a lawsuit like this is that Nissan (or any other manufacturer) will not attempt this type of end run around their dealer network again.. let the manufacturers manufacture and let the dealers sell.

And that is good ... how ?

It prevents manufacturers from stepping all over the dealers?.. after all they spend money to stay in business, spent money to get ready to sell the Leaf.. and they are constrained from selling any other brands. You all have seen the nighmare of line jumpers with what Nissan has done..

 

[SteveInSeattle]

I absolutely believe that Nissan has commited NO TORT of any kind, has NOT engaged in any unfair practice. They offered a limited product and delivered a limited product to some buyers. They never entered into a contractual relationship that made any promise of delivery, nor of delivery order, nor of delivery date. They never promised a tax credit or rebate having stated that the rebate and credit would be between $0 and [the maximum amount applicable].

I believe any lawsuit would get thrown out immediatly and I would hope that any legal fees Nissan experiences have to be reimbursed by those that bring what I believe is a frivolous lawsuit.

The main issue in my mind is that if the fund runs out the buyer is not compelled to complete the transaction, Nissan will gladly refund your $99. If you HAD to buy the car or risk losing your deposit you might have a claim, but you can just opt to cancel your order with the new knowledge that the CA rebate is exhausted.

 

[jimcmorr]

Please pardon me for adding my $0.02 worth on this subject and consequently prolonging this thread.

No, I am not a lawyer and I don't know everything either, but I do understand some things. I even used spell checker on this post so I would not have any spelling errors. I believe any class action suit like this will only hurt the cause of a commercially available 100 percent electric vehicle.

No one has been harmed in this and no one yet has been left out of the CA rebate (if that is what it is called). I wouldn't get the CA rebate anyway because I don't live in CA. Heck, I can't even order one yet! The only ones to benefit from a class action law suit are the lawyers. Nissan has no competition for this vehicle anyway.

I am not in favor of this and want no part in it. Hopefully, a class action suit will not gain any momentum so it won't harm my oportunity to order late this year.

I do confess, however, that this thread has been very entertaining.

Okay, that's it... my $0.02 worth... I'm done.

 

[evnow]

It prevents manufacturers from stepping all over the dealers?..

Are you with a dealer ? Nissan's method helped consumers (i.e. us). So I don't see how it is a problem that people here are concerned about.

 

[evnow]

Are people behind this ridiculous claim actually just anti-EV and/or acting behalf of some ?

Otherwise, why would anyone say we should file a lawsuit against the only auto major committed to EVs (of all reasons because some people's orders for EVs got misplaced).

The question to the forum users here is - whether we should allow such anti-EV people to use this forum to further their anti-EV agenda.

 

[thankyouOB]

One advantage of a lawsuit like this is that Nissan (or any other manufacturer) will not attempt this type of end run around their dealer network again.. let the manufacturers manufacture and let the dealers sell.

And that is good ... how ?

It prevents manufacturers from stepping all over the dealers?.. after all they spend money to stay in business, spent money to get ready to sell the Leaf.. and they are constrained from selling any other brands. You all have seen the nighmare of line jumpers with what Nissan has done..

there were no line jumpers, just lucky ducks.
I was one. I wish you the best in getting your car this week.
Please, dont bad-tag me with your angst.

 

[TRONZ]

The question to the forum users here is - whether we should allow such anti-EV people to use this forum to further their anti-EV agenda.

There is not a unit of measure small enough to describe how little I care about the author of this thread.

 

[jamesanne]

If you don’t think you can win in a court of law, then bring your case to the court of public opinion. That is what the OP wants and is doing. Let people argue the “case” in the forum and with each other.

 

[EVDRIVER]

If you don’t think you can win in a court of law, then bring your case to the court of public opinion. That is what the OP wants and is doing. Let people argue the “case” in the forum and with each other.

Seems the opinion so far is he is not going to win his case. I suspect anyone that agrees will not post here or PM him directly based on the responses.

 

[Stoaty]

Otherwise, why would anyone say we should file a lawsuit against the only auto major committed to EVs (of all reasons because some people's orders for EVs got misplaced).

The question to the forum users here is - whether we should allow such anti-EV people to use this forum to further their anti-EV agenda.

I would be in favor of locking this thread, so the idea doesn't get any more traction (not that it has gotten any traction here judging by most of the posters thinking this is a ridiculous/harmful idea).

If you don’t think you can win in a court of law, then bring your case to the court of public opinion.

That's fine, but I don't think this forum should be the place for someone to plead their case. There are lots of other places on the internet to do this.