— A Nissan emissions warranty lawsuit alleges Nissan is violating California emissions regulations by not repairing and replacing transmissions in partial zero emissions vehicles (PZEVs).
California plaintiff Lux Global Auto Sales filed the class action lawsuit which includes:
"All persons in the State of California who have been owners or lessees of Class Vehicles and who have paid for repairs and parts pertaining to defective transmissions that should have been covered under the 15-years or 150,000-mile California Emissions Warranty."
The Nissan emissions warranty lawsuit alleges the automaker fails to pay for repairs and replacement of transmissions that should be covered for 15 years or 150,000 miles.
The plaintiff claims Nissan is required to pay for transmission replacements based on California's emissions warranty related to partial zero emissions vehicles (PZEVs).
The emissions warranty also related to super ultra low emissions vehicles for which Nissan received a Zero Emissions Credit from the California Air Resources Board (CARB).
According to the emissions warranty lawsuit, owners must pay out-of-pocket for transmission repairs that should be covered under the California Emissions Warranty.
The plaintiff alleges CARB determined transmission defects that cause the malfunction indicator light to illuminate are covered under the 15-year 150,000-mile California Emissions Warranty.
The class action also alleges California regulations say the malfunction light is not supposed to illuminate unless the vehicle's onboard diagnostic system has detected a defect which increases regulated emissions.
Furthermore, a defect which would cause illumination of the malfunction light allegedly would result in the vehicle failing a California smog check.
Nissan allegedly saves a lot of money by avoiding warranty-related repairs by "narrowly self-defining the parts that are required to be covered under the California Emissions Warranty."
The plaintiff says a Nissan dealer found a defect in a 2014 Nissan Sentra which increased emissions and caused fault codes that should have triggered malfunction indicator lights.
The vehicle also wouldn't have passed a California smog check yet Nissan didn't provide transmission warranty coverage even though the vehicle was within the 15-year 150,000-mile warranty coverage period.
The Nissan emissions warranty lawsuit was filed in the U.S. District Court for the Eastern District of California: Lux Global Auto Sales, Inc. vs. Nissan North America, Inc., et al.
The plaintiff is represented by the Law Office of Robert L. Starr.