— A Nissan class action lawsuit alleges the automaker failed to identify the car parts that should be classified as emissions warranty parts and high-cost emissions warranty parts under California’s emission control system warranty requirements.
Those parts are covered in California under the emissions warranty for 7 years and 70,000 miles.
According to the Nissan class action lawsuit, the complaint includes:
"All persons in California who, within the last four years, have been owners or lessees of Nissan MY 2011 through MY 2017 Juke vehicles and who have paid for repairs and parts for the fuel pump that should have been covered under Nissan’s 'high-priced warranted parts' 7-year 70,000-mile California emissions warranty."
The plaintiffs claim Nissan doesn't want to pay out for warranty repairs, so the automaker limits the parts which should be covered under the emissions warranty.
In addition, the lawsuit alleges Nissan limits the high-cost emissions warranty parts that should be covered for 7 years and 70,000 miles, including Juke fuel pumps.
The plaintiffs say the California Code of Regulations (CCR) clearly define how Nissan should identify which parts should be covered as emissions parts, and which parts should be covered by the 7-year 70,000-mile warranty.
"A 'warranted part' is defined as, 'any part installed on a motor vehicle or motor vehicle engine by the vehicle or engine manufacturer, or installed in a warranty repair, which affects any regulated emission from a motor vehicle or engine which is subject to California emission standards.'" - CCR Section 2035 - 1990 and subsequent model year vehicles
According to the lawsuit, any part that either affects a vehicle’s emissions or causes a vehicle's on-board diagnostic malfunction indicator light to illuminate is considered a “warranted part.” If a part is a warranted part, the part shall have a 3-year 50,000-mile warranty.
However, if the part is a “high-priced” warranted part, allegedly the part, the labor cost of diagnosing the part failure and the labor cost of replacing the part shall have a 7-year 70,000-mile emissions warranty.
Nissan has allegedly omitted from the warranty booklets all the parts that should be identified as emissions related warranty parts covered under the 3-year 50,000-mile warranty, and all of the high-priced warranted parts that should be covered under the 7-year 70,000-mile warranty.
Nissan Juke customers allegedly are told by California dealerships that fuel pumps aren't covered under emissions warranties when they should be, leaving owners and lessees to pay for repairs or replacements.
The Nissan class action lawsuit was filed in the U.S. District Court for the Central District of California - Western Division: Harris, et al., v. Nissan North America, Inc., et al.
The plaintiffs are represented by Pomerantz LLP, and the Law Office of Robert L. Starr.