If You Are A Resident of the U.S. or its Territories Who Purchased A Model Year 2009 Nissan GT-R Automobile, A Proposed Class Action Settlement May Affect Your Rights.
A class action settlement has been reached in a class action lawsuit pending against Nissan North America, Inc. in the United States District Court for the Central District of California (styled Robert Harris v. Nissan North America, Inc., Case No. 08-7815-GHK-PJWx,) alleging that Nissan manufactured and distributed 2009 GT -R vehicles which were defective, misrepresented the performance capabilities of the 2009 GT -R, and, without disclosure, refused to honor customer warranties for damage that occurred as a result of the alleged defect, according to the Nissan 2009 GT-R Vehicle Dynamic Control (VDC) class action lawsuit settlement notice.
The Nissan 2009 GT-R Vehicle Dynamic Control (VDC) transmission class action lawsuit complaint reportedly alleges that while the Nissan Owner’s Manual states that owners are to drive with VDC (which is a stability control system that uses various sensors to monitor driver inputs and vehicle motion and that can control braking and engine output to help keep the vehicle on its steered path) turned on and that the VDC OFF mode is an emergency mode to help free the vehicle from mud or snow and that the Warranty Information booklet excludes damage resulting from the use of the vehicle with VDC OFF, except to free the vehicle from mud or snow, from warranty coverage, Nissan misrepresented the performance capabilities of the GT-R, which Plaintiff claims can only be achieved in VDC OFF mode, and encouraged use of the vehicle with VDC OFF mode and improperly excluded such use from warranty coverage.
The Nissan 2009 GT-R class action settlement, if approved by the court, reportedly provides that Nissan will offer to any Initial Purchaser who currently owns a Nissan 2009 GT -R or Subsequent Purchaser who currently owns a Model Year 2009 Nissan GT-R the following: (1) after presenting a Model Year 2009 Nissan GT-R at a GT-R Certified Nissan dealer with a transmission in operable condition and upon agreeing to receive a free Transmission Control Module programming upgrade, Nissan will not deny warranty coverage for transmission damage based on VDC OFF usage prior to the date of Notice to Class Members; and (2) upon submitting a timely and proper Claim Form and after a reasonable processing period, a $75 coupon (transferable to a subsequent GT-R purchaser) for service at a GT-R Certified Nissan dealership. Nissan will not pay for previously-obtained transmission repairs. Nissan has also agreed to pay all costs of notice to the Class and the costs of administering the proposed class action settlement.
The Nissan 2009 GT-R Vehicle Dynamic Control (VDC) settlement class members reportedly includes all residents of the United States or its territories who purchased a Model Year 2009 Nissan GT-R vehicle from a GT-R Certified Nissan dealer or a previous 2009 GT-R owner which at the time of purchase did not have the Transmission Control Module TCM programming upgrade, and who is not otherwise excluded from the class action settlement.
The court is scheduled to hold a final approval or fairness hearing on August 23, 2010, at 9:30 a.m., or at such later time as ordered by the Court at the United States District Court for the Central District of California and is located at Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012, Courtroom 650, to consider, among other things, whether the class action settlement is fair, reasonable and adequate for the settlement class members.
For more information on the Nissan 2009 GT-R Vehicle Dynamic Control (VDC) class action lawsuit settlement and potential settlement benefits, and/or for updates on the settlement, call the Nissan 2009 GT-R Settlement Administrator at a toll-free number 1-800-207-0343 or write to the Nissan 2009 GT-R Settlement Administrator, c/o Rosenthal & Company LLC, P.O. Box 6177, Novato, California 94948-6177 or send an email to NissanSettlement@RosenthalCo.com.
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I was going around a curve on the way of a country road to Saltan Wa. and the car suddenly took off and I flew about 200 plus feet into a feild,clearing a 4ft log and a fense about 100ft from the curve. I was able to back the car up after walking around it to check exterior damage. Subsequently, I had a hemmatoba brain damage and was in a comma for 10 days. During this time or shortly after my son negociated a sale with my insurance company who didn,t want to repair the car for a high price. Seven months still recuperating-HELP
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