Consumers who bought or leased a 2021–2022 Nissan Maxima, Sentra, or Versa model equipped with an autonomous electronic braking system (or EBS) should know that California lemon laws and other state and federal laws may force Nissan to either “buy the vehicle back” or significantly compensate those experiencing the alleged EBS defect.
Please fill out the form below for free information on how to seek compensation, or call us at 1-855-678-6881.
What is the Nissan EBS defect, and what does the class action allege?
The class action lawsuit Bereda et al. v. Nissan North America, Inc., Case No. 3:22-cv-00098, was filed on February 15, 2022, in the United States District Court for the Middle District of Tennessee. This action is related to In re Nissan North America Inc Litigation, which was filed in September 2019.
The complaints in the class action lawsuits allege that the 2021 and 2022 Nissan Maxima, Sentra, and Versa models equipped with an autonomous forward emergency braking system may detect obstacles not in fact there, causing the car to automatically brake without a need to do so.
The EBS defect may also deactivate itself and distract drivers from the road. According to the class action complaints, the EBS defect can occur without warning and cause the vehicle to stop suddenly and unexpectedly.
In the class action lawsuits, the plaintiffs allege that Nissan knew about the EBS brake defect but continued to market the vehicles as safe and reliable.
On April 19, 2022, Nissan filed a Motion to Dismiss the Complaint, which the Court denied on March 17, 2023, ruling that the drivers had sufficiently pled their claims, having bought their vehicles from Nissan dealerships.
In April 2023, the Court certified a class of consumers from 10 states who own vehicles with these allegedly defective braking systems. That ruling is currently on appeal, and the cases are stayed.
Fill out the form below for free information on how to seek compensation, or call us at 1-855-678-6881.
How many Nissan vehicles are affected by the EBS defect?
Although the exact number of vehicles affected is unknown, based on the number of Nissan Maxima, Sentra, and Versa vehicles manufactured for sale in the U.S. between 2020 and 2022, the number of potentially affected cars is around 325,000.
Does the Nissan EBS defect violate the vehicle warranty?
Almost every new Nissan vehicle has a 3-year/36,000-mile limited warranty and a 5-year limited powertrain warranty. Nissan also offers optional extended warranties.
The class action lawsuits allege that Nissan provided an express written warranty directly to purchasers or lessees of these vehicles, warranting that Nissan would repair and replace defects in material and workmanship that occurred during the applicable warranty periods free of charge.
The class action claims Nissan has breached the warranty by failing to repair and replace the defective EBS system or buy back the vehicles as promised by the warranty or required by law.
Are Nissan vehicles with the EBS defect unsafe?
According to the class action complaints, a vehicle with a defective EBS system that makes it prone to stop unexpectedly at high speeds poses a serious safety risk.
The lawsuits claim the EBS brake defect poses such a safety concern that the National Highway Transportation and Safety Administration’s (or NHTSA) Office of Defect Investigations has received and is reviewing consumer complaints about the EBS defect.
What is the Status of the Class Action Lawsuits?
On April 19, 2022, Nissan filed a Motion to Dismiss the Complaint in the Bereda action, which the Court denied on March 17, 2023, ruling that the drivers had sufficiently pled their claims having bought their vehicles from Nissan dealerships.
On March 31, 2023, the Court in the consolidated In re Nissan action certified the case to proceed on behalf of residents of the following states who are current or former owners of these vehicles:
- California
- Connecticut
- Florida
- Illinois
- Massachusetts
- Missouri
- New York
- Ohio
- Pennsylvania
- Texas
Nissan filed a petition to appeal this class certification ruling to the Sixth Circuit Court of Appeals, which was granted. The Court of Appeals has just received a briefing from numerous industry-friendly groups asking the Court to vacate the class certification ruling.
The appeal has not yet been set for oral argument, and there is no currently estimated time frame for a ruling. As a result, the trial court issued an order on October 26, 2023, stating that the class action lawsuits are currently stayed.
Based on this appeal, there are no current pre-trial or trial deadlines.
What legal options do you have?
Please fill out the form below for free information on how to seek compensation, or call us at 1-855-678-6881.
Choosing what to do when seeking relief for defective vehicles can be a complex decision, as it can depend on many factors.
For instance, the following factors may impact whether you have a lemon law claim for a vehicle buyback:
- How old is your Nissan?
- Has the EBS defect occurred in your car?
- Have you taken the car in for repairs on more than one occasion?
- Did you purchase or lease the vehicle?
- Is the vehicle still under warranty?
- In what state do you live?
Nissan has offered nothing to resolve the EBS defect to individual consumers and has not settled the class action lawsuit.
We can help you sort through these questions and make an informed decision.
California residents may qualify for a vehicle repurchase under state law
Under California’s lemon law and other state and federal laws, consumers who bring an individual lawsuit and show their vehicles qualify as a “lemon” because they experienced the EBS defect, and it cannot be repaired may force Nissan to either “buy the vehicle back” or provide other significant compensation.
While there are no guarantees and each case is different, this can mean a large cash refund and payoff of your loan or lease, as it could be as much as everything you paid for the vehicle and everything you owe: monthly payments, down payments, tax, finance charges, and license and registration. You may even qualify for two times your money back.
What Nissan would have to buy your vehicle back for has nothing to do with how much the car is currently worth.
California law has a formula that starts with you getting all your money back and then taking certain deductions and exclusions away from your payment. Those deductions and exclusions are challenging to understand and can be fought against by knowledgeable lemon law attorneys.
The Song-Beverly Warranty Act, California Civil Code §1793.2(d)(1), is a California state law requiring manufacturers to repair defects after a reasonable number of repair attempts.
What is “reasonable” is not part of hard and fast rules – safety defects such as defects in the EBS should be fixed immediately, for example. The defects must be important and “substantially impair the vehicle’s use, value, OR safety.” California Civil Code §1793.22(e)(2).
Under California Civil Code §1793.2(d)(1), manufacturers must promptly offer to repurchase or replace the vehicle if they cannot fix it within a reasonable time frame.
In addition, California Civil Code §1794(c) and §1793.2(d) provide that customers are entitled to a civil penalty up to two times the actual damages if manufacturers acted “willfully” (meaning knowingly, but not necessarily with wrongful or malicious intent) in ignoring or failing its duty under Song-Beverly.
Finally, under Civil Code §1794(d), manufacturers such as Nissan must pay the plaintiff’s attorney’s fees and costs as part of the settlement.
Please fill out the form below for free information on how to seek compensation, or call us at 1-855-678-6881.
Other states have similar laws; depending on the state, we can refer you to knowledgeable attorneys.
What do I need to do?
The class action lawsuits are currently stayed and have yet to be settled. If you want to bring your own lemon law claim over the EBS defect, you can opt out when you receive the class action notice, or the class may be defined as those people who have not sued or settled their claims, and you could be automatically opted out of the settlement.
There is no reason to wait. Please fill out the form below for a free lemon law consultation.
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There is much to consider in deciding whether to pursue a lemon law claim. We can help you sort through these questions and make an informed decision about your options.
Don’t settle for small dollar payments or possible future “fixes” that may not work without speaking to a qualified lemon law attorney with your best interest in mind.
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