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NISSAN SETTLED CLASS ACTION CLAIM!


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#1 godzila2009 Posted 19 September 2009 - 09:08 AM

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Yesterday Sept 18 at the 9 District Federal Court in LA Nissan finally settled the GTR TRANSMISSION claim issues regarding the LC1 and the denying of warranty like happeded to my and to many other GTR owners. First of all, I would like to thank Mr Harris who was the one that have all this started, and  Mitch Kalcheim the attorney that believed in our claims and put his time and money in the line to get this case going foward until this end point.
For all the GTR owners that believed in our claims and gave us support, we thank them,for those GTR owners that believed that we were looking for money and said that our claims were ridiculous, once they receive all the benefits that arised from this settlement they may change their minds about it.
This is the end result:
1-All GTR owners that have LC1 used before and were afraid that the tranny did not have any warranty because of turning VDC off and doing a LC1 will have their warranties re-setted for 5yr or 60k miles if they upgrade to LC2. All LC1 will be forgotten and the tranny will be fully covered by NISSAN. After LC2 being installed, all LC2 with VDC on will be fully covered by NISSAN. If you turn VDC off today , do your thing ( drag/road course/etc) and the tranny goes bad at that moment, the warranty will not hold, BUT if the problem arise some time later after turning VDC off back on and driving the car without any issues and then BAMMM.......the tranny will be covered 100%.  If not NISSAN WILL HAVE TO PROOF that turning VDC OFF a week or a month prior the damage was the cause of failure. THEY WILL NEED TO PROOF IT , not like before that they just saw the BB data and said it was not covered.  
2- ALL 2009 GTR owners  will get a $75 coupon for any kind of service at any GTR approved Nissan dealership as part of a class compensation for the time taken to update LC2.
All this will be happening in the next 2-3 months when GTR owners will be receiving notification from NISSAN.

After all this long and hard process, I believe we accomplished what we wanted, which it was to make NISSAN understand that LC1 was too hard on the car and all warranty claims resulting from this problem should had been covered in the first place.
Thank you for reading this.
A.T :)



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Accelerated Performance Racing Heads / Cams.
Sheptrans Fully built stage4 Tranny/ Promax clutch/ 1-6 PPG updated gears/ all misc.
Driveshaft Shop 33 spline Axles
Driveshaft Shop Rear Axle Stubs.
ETS Modified Racing Intercooler / Tial bovs.
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BL Intake Manifold 12 Injector setup.
GTC Titan 104mm Titanium Exhaust.
AAM 3 PUMP E85/E98 Fuel System/ Fuel rails.
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SYVECS S8 Ecu tuned by Chris Black AMS and ME!! lol
AMS Alpha 16 Turbo Kit.
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#2 Gdzilla_ Posted 19 September 2009 - 09:22 AM

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good for you A.T.
good to hear that Nissan will stand behind what they build...
would you know if this is for all of Nissan North America, or just the States
cheers


Delivered September 8th 2008...

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#3 godzila2009 Posted 19 September 2009 - 09:23 AM

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View PostGdzilla_, on Sep 19 2009, 09:22 AM, said:

good for you A.T.
good to hear that Nissan will stand behind what they build...
would you know if this is for all of Nissan North America, or just the States
cheers


all NNA


2009 Super Silver.
Accelerated Performance custom 4.1L Sonny Bryan Billet Crank build.
Accelerated Performance Racing Heads / Cams.
Sheptrans Fully built stage4 Tranny/ Promax clutch/ 1-6 PPG updated gears/ all misc.
Driveshaft Shop 33 spline Axles
Driveshaft Shop Rear Axle Stubs.
ETS Modified Racing Intercooler / Tial bovs.
Greddy Big Bore Throttle Bodies
BL Intake Manifold 12 Injector setup.
GTC Titan 104mm Titanium Exhaust.
AAM 3 PUMP E85/E98 Fuel System/ Fuel rails.
ID1000/ID2000 Injectors.
SYVECS S8 Ecu tuned by Chris Black AMS and ME!! lol
AMS Alpha 16 Turbo Kit.
8.7 sec STREET CAR.
4175lbs

#4 Zume_GTR Posted 19 September 2009 - 09:24 AM

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Hey Godzilla, good work. I am a little torn on this one to be honest because I feel that had a number of people excercized some common sense and good judgement, a lot of failures would not have happened. That said, Nissan left an achilles heel in the car, but obviously from the phrase, even the mightiest always seem to have a weakness. Legally speaking I think you guys won a victory that should have been fought, this did not truly seem like greedy litagation as the the damages awarded seem mostly in the interests of the consumer receiving a fair product, not some greedy grab for cash after you broke your toy you were abusing.

I am mostly saddened by the whole thing if anything because it just really seems like a situation where everyone lost. I spoke to my  Nissan factory rep on Thursday and he was mentioning how the program outline from the beginning was based on a core principle that the R35 platform would not be advertised by Nissan and would be profitable. Seeing how the program still didn't look profitable before the suit, I would hate to see this contribute to another long wait for the R36.

End of the day its still just a stupid car, and with all the global strife going on these days I coun't my blessings of the nature of these such problems compared to getting your arms chopped off for trying to vote :P


You can call me a "stealer" I don't mind you exposing your ignorance. You can quiz me on the R35 GTR as well, don't mind disproving mine

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#5 jaspergtr Posted 19 September 2009 - 09:24 AM

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This was certainly unexpected, but pleasant news.


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#6 Gdzilla_ Posted 19 September 2009 - 09:25 AM

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View Postgodzila2009, on Sep 19 2009, 09:23 AM, said:

all NNA
thanks A.T.
thats good info..just in case i look in my rearview, and see something i don't want to see.. :)


Delivered September 8th 2008...

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#7 xwing Posted 19 September 2009 - 09:25 AM

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Thank You for this.
I never used LC1 for this very reason, and it was very frustrating. I switched to LC2=VDC On, which is clearly inferior in dragstrip performance and usually kicks in VDC and ruins the drag pass; but VDC Off is superior in Snow, and in roadcourse racing if you are a competent driver. This now protects ALL of us who roadrace or whatever, in case of breakage, so we cannot be denied warranty by "their decision due to VDC Off" unless there is proper proof that the VDC off caused the PROXIMATE damage.
Glad for any help, logic and arguments I might have communicated to you and your lawyers :)

My car is also now worth more on resale! (Though as usual, I will probably never sell it)...

Edited by xwing, 19 September 2009 - 09:27 AM.




#8 yano Posted 19 September 2009 - 09:27 AM

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Wish you guys would go after them on the fluid too

magnusson moss says if they require a fluid it must be free

and telling people to _____ your d..k. Is poor class take the win and move on


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#9 godzila2009 Posted 19 September 2009 - 09:29 AM

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View Postxwing, on Sep 19 2009, 09:25 AM, said:

Thank You for this.
I never used LC1 for this very reason, and it was very frustrating. I switched to LC2=VDC On, which is clearly inferior in dragstrip performance and usually kicks in VDC and ruins the drag pass; but VDC Off is superior in Snow, and in roadcourse racing if you are a competent driver. This now protects ALL of us who roadrace or whatever, in case of breakage, so we cannot be denied warranty by "their decision due to VDC Off" unless there is proper proof that the VDC off caused the PROXIMATE damage.
Glad for any help, logic and arguments I might have communicated to you and your lawyers :)

My car is also now worth more on resale! (Though as usual, I will probably never sell it)...
resell value was one of our points with this suit. I think we did a good thing for all gtr owners and owners to be.

Edited by godzila2009, 19 September 2009 - 09:30 AM.



2009 Super Silver.
Accelerated Performance custom 4.1L Sonny Bryan Billet Crank build.
Accelerated Performance Racing Heads / Cams.
Sheptrans Fully built stage4 Tranny/ Promax clutch/ 1-6 PPG updated gears/ all misc.
Driveshaft Shop 33 spline Axles
Driveshaft Shop Rear Axle Stubs.
ETS Modified Racing Intercooler / Tial bovs.
Greddy Big Bore Throttle Bodies
BL Intake Manifold 12 Injector setup.
GTC Titan 104mm Titanium Exhaust.
AAM 3 PUMP E85/E98 Fuel System/ Fuel rails.
ID1000/ID2000 Injectors.
SYVECS S8 Ecu tuned by Chris Black AMS and ME!! lol
AMS Alpha 16 Turbo Kit.
8.7 sec STREET CAR.
4175lbs

#10 avanti5010 Posted 19 September 2009 - 09:32 AM

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I'd like to thank you and the other crybabies who put a black mark on our GT-Rs, made it the butt of hundreds of internet jokes and ruined our resale value because you had to drive yours like a 15-year old.



#11 xwing Posted 19 September 2009 - 09:36 AM

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Please Avanti, your Courage Astounds us! Post up a copy of your letter to Nissan USA stating you REFUSE this settlement, and REFUSE any such warranty coverages for your car, and if the transmission breaks YOU will pay for it, because you drive your car like a Puss 99 year old (no, that is unfair to 99 year olds) at all times as well certified by all the REST of us :)

We await a copy of your letter!
"A FOOL and his money are soon parted"...

Edited by xwing, 19 September 2009 - 09:39 AM.




#12 godzila2009 Posted 19 September 2009 - 09:36 AM

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View Postavanti5010, on Sep 19 2009, 09:32 AM, said:

I'd like to thank you and the other crybabies who put a black mark on our GT-Rs, made it the butt of hundreds of internet jokes and ruined our resale value because you had to drive yours like a 15-year old.
hope your go bad soon and then.....who will be the crybaby......


2009 Super Silver.
Accelerated Performance custom 4.1L Sonny Bryan Billet Crank build.
Accelerated Performance Racing Heads / Cams.
Sheptrans Fully built stage4 Tranny/ Promax clutch/ 1-6 PPG updated gears/ all misc.
Driveshaft Shop 33 spline Axles
Driveshaft Shop Rear Axle Stubs.
ETS Modified Racing Intercooler / Tial bovs.
Greddy Big Bore Throttle Bodies
BL Intake Manifold 12 Injector setup.
GTC Titan 104mm Titanium Exhaust.
AAM 3 PUMP E85/E98 Fuel System/ Fuel rails.
ID1000/ID2000 Injectors.
SYVECS S8 Ecu tuned by Chris Black AMS and ME!! lol
AMS Alpha 16 Turbo Kit.
8.7 sec STREET CAR.
4175lbs

#13 avanti5010 Posted 19 September 2009 - 09:42 AM

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View Postxwing, on Sep 19 2009, 08:36 AM, said:

Please Avanti, your Courage Astounds us! Post up a copy of your letter to Nissan USA stating you REFUSE this settlement, and REFUSE any such warranty coverages for your car, and if the transmission breaks YOU will pay for it, because you drive your car like a Puss 99 year old (no, that is unfair to 99 year olds) at all times as well certified by all the REST of us :)

We await a copy of your letter!
"A FOOL and his money are soon parted"...

One question for all you bigmouths: Has this been a problem in Japan or any other country?

and the "FOOLS" are those who drive like 15 year-olds, break something and want someone else to pay for it.



#14 godzila2009 Posted 19 September 2009 - 09:45 AM

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View Postavanti5010, on Sep 19 2009, 09:42 AM, said:

One question for all you bigmouths: Has this been a problem in Japan or any other country?

and the "FOOLS" are those who drive like 15 year-olds, break something and want someone else to pay for it.
oh I see, you are suffering from the POKEMON syndrome...lolololololo
get a life.


2009 Super Silver.
Accelerated Performance custom 4.1L Sonny Bryan Billet Crank build.
Accelerated Performance Racing Heads / Cams.
Sheptrans Fully built stage4 Tranny/ Promax clutch/ 1-6 PPG updated gears/ all misc.
Driveshaft Shop 33 spline Axles
Driveshaft Shop Rear Axle Stubs.
ETS Modified Racing Intercooler / Tial bovs.
Greddy Big Bore Throttle Bodies
BL Intake Manifold 12 Injector setup.
GTC Titan 104mm Titanium Exhaust.
AAM 3 PUMP E85/E98 Fuel System/ Fuel rails.
ID1000/ID2000 Injectors.
SYVECS S8 Ecu tuned by Chris Black AMS and ME!! lol
AMS Alpha 16 Turbo Kit.
8.7 sec STREET CAR.
4175lbs

#15 DocNrock Posted 19 September 2009 - 09:49 AM

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This is great news.  Thank you for doing this.

Did Nissan give any hint as to how running the car with VDC off might cause damage?  Or was this just a sideways way of not covering failures resulting from use of the "non-existent" LC1?


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#16 STI2EVO2GTR Posted 19 September 2009 - 09:49 AM

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View Postavanti5010, on Sep 19 2009, 11:32 AM, said:

I'd like to thank you and the other crybabies who put a black mark on our GT-Rs, made it the butt of hundreds of internet jokes and ruined our resale value because you had to drive yours like a 15-year old.
You bought the wrong car buddy

This is great news, I'm gonna go break my tranny!!!


What about if we had LC2 already done do we still get the 75 dollar coupon. With all these changes even if someone does break the tranny with VDC OFF and LC2 in place i'd like to see what nissan would do and if they denied it and you filied another class action suit what they would do then.

Edited by STI2EVO2GTR, 19 September 2009 - 09:53 AM.




#17 godzila2009 Posted 19 September 2009 - 09:56 AM

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View PostDocNrock, on Sep 19 2009, 09:49 AM, said:

This is great news. Thank you for doing this.

Did Nissan give any hint as to how running the car with VDC off might cause damage? Or was this just a sideways way of not covering failures resulting from use of the "non-existent" LC1?
my answer to that will be that how expensive will get to proof driving with the VDC off cost the problem that manifested a month later......I think if nothing happen while VDC off......warranty should cover 100% of the broken tranny.

View PostSTI2EVO2GTR, on Sep 19 2009, 09:49 AM, said:

What about if we had LC2 already done do we still get the 75 dollar coupon. With all these changes even if someone does break the tranny with VDC OFF and LC2 in place i'd like to see what nissan would do and if they denied it and you filied another class action suit what they would do then.
everyone who will get lc2 or got it already.


2009 Super Silver.
Accelerated Performance custom 4.1L Sonny Bryan Billet Crank build.
Accelerated Performance Racing Heads / Cams.
Sheptrans Fully built stage4 Tranny/ Promax clutch/ 1-6 PPG updated gears/ all misc.
Driveshaft Shop 33 spline Axles
Driveshaft Shop Rear Axle Stubs.
ETS Modified Racing Intercooler / Tial bovs.
Greddy Big Bore Throttle Bodies
BL Intake Manifold 12 Injector setup.
GTC Titan 104mm Titanium Exhaust.
AAM 3 PUMP E85/E98 Fuel System/ Fuel rails.
ID1000/ID2000 Injectors.
SYVECS S8 Ecu tuned by Chris Black AMS and ME!! lol
AMS Alpha 16 Turbo Kit.
8.7 sec STREET CAR.
4175lbs

#18 REK125 Posted 19 September 2009 - 10:02 AM

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Thanks for all your efforts.  I wonder if this also applies to reflashing of the ECU.  If the tranny fails and there is no evidence of abuse, will it still be covered even if the ECU has been reflashed?



#19 godzila2009 Posted 19 September 2009 - 10:05 AM

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View PostREK125, on Sep 19 2009, 11:02 AM, said:

Thanks for all your efforts. I wonder if this also applies to reflashing of the ECU. If the tranny fails and there is no evidence of abuse, will it still be covered even if the ECU has been reflashed?
I think once the ecu is flashed, the warranty is out.


2009 Super Silver.
Accelerated Performance custom 4.1L Sonny Bryan Billet Crank build.
Accelerated Performance Racing Heads / Cams.
Sheptrans Fully built stage4 Tranny/ Promax clutch/ 1-6 PPG updated gears/ all misc.
Driveshaft Shop 33 spline Axles
Driveshaft Shop Rear Axle Stubs.
ETS Modified Racing Intercooler / Tial bovs.
Greddy Big Bore Throttle Bodies
BL Intake Manifold 12 Injector setup.
GTC Titan 104mm Titanium Exhaust.
AAM 3 PUMP E85/E98 Fuel System/ Fuel rails.
ID1000/ID2000 Injectors.
SYVECS S8 Ecu tuned by Chris Black AMS and ME!! lol
AMS Alpha 16 Turbo Kit.
8.7 sec STREET CAR.
4175lbs

#20 avanti5010 Posted 19 September 2009 - 12:00 PM

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View PostSTI2EVO2GTR, on Sep 19 2009, 08:49 AM, said:

You bought the wrong car buddy

This is great news, I'm gonna go break my tranny!!!


What about if we had LC2 already done do we still get the 75 dollar coupon. With all these changes even if someone does break the tranny with VDC OFF and LC2 in place i'd like to see what nissan would do and if they denied it and you filied another class action suit what they would do then.

I didn't buy the wrong car. You teenybopper drag racers did. You should have bought a Viper.

I hope Nissan USA and  your dealer sees your juvenile statement: "This is great news, I'm gonna go break my tranny".

What an stupid statement!





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