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October 3, 2012 / Corina Valderrama

Class Action over Nissan Leaf Battery Life

A Nissan Leaf owner has filed a class action lawsuit in California federal court accusing the automaker of covering up and misrepresenting the Leaf’s battery capacity and driving range, claiming that the 100-mile range cannot be achieved because it would damage the vehicle’s battery – a fact Nissan knew but failed to disclose to future owners.

According to the suit, Nissan advertised the Leaf’s driving range to be upwards of 100 miles. What Nissan did not disclose is that its estimate is based on performance after charging the battery to 100%, which Nissan itself advises against.  Apparently, “Nissan failed to disclose its own recommendations that owners avoid charging the battery beyond 80%” to avoid battery damage and “failed to disclose that Nissan’s estimated 100 mile range was based on a full charge battery, which is contrary to Nissan’s own recommendation for battery charging.”

Consumers allege they were misled by Nissan regarding the Leaf’s driving range. The lawsuit also alleges that Nissan failed to disclose or intentionally neglected to reveal a design defect in the Leaf’s battery system that causes the Leaf to suffer “widespread, severe and premature loss of driving range, battery capacity and battery life.”

The class action is brought on behalf of a proposed class of all California and Arizona consumers who purchased or leased any 2011 through 2012 Nissan Leaf and alleges violations of California’s Consumer Legal Remedies Act, Arizona’s Consumer Fraud Act and Unfair Business Act, negligent misrepresentation, and breach of Implied Warranty under the Song-Beverly Consumer Warranty Act. The lawsuit asks that Nissan:  (1) stop using misleading information in connection with selling the Leaf, (2) issue corrective disclosures to Leaf owners and lessees, (3) remove and replace the class members’ battery systems with a “suitable alternative product,” (4) reform its Leaf battery warranty to cover the loss of battery capacity, and (5) reimburse class members for any repairs made.

If you feel you have been the victim of misleading or fraudulent advertising, please contact Khorrami, LLP for a private consultation.

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