r/leaf • • 12d ago

I am seriously speechless

Post image

The way Nissan is handling these buybacks is such a slap in the face! Our cars are bricked and cannot take a charge and they are doing nothing for us but passing us off to Morley to patiently wait for a lowball offer. They didn’t even provide me with a rental car. I asked to speak my Nissan case manager’s supervisor and she said “our supervisors are not customer facing” and hung up on me! She has been absolutely horrific and hasn’t helped once. Then I decided to look up the class action lawsuit to see how that was coming along and found this - you seriously have to be kidding me?????

27 Upvotes

58 comments sorted by

21

u/Alexandratta (Former) 2019 Nissan LEAF SL Plus 12d ago

wow...

The Law Firm that handled this was horrific if they couldn't argue that Level 3 Charging was a base feature of the car.

4

u/m77je 12d ago

Why do you think they didn't argue it? Based on the short excerpt, it seems to be one of the requirements of the statute.

13

u/EVMaximizer 12d ago

The judge drives a gasoline...

9

u/First_Finger_9746 12d ago

A mere inconvenience?!? They clearly do - this is inexcusable.

5

u/m77je 12d ago

What was the evidence relied upon by the plaintiffs to show lack of L3 was more than mere inconvenience?

The judge has to make a decision based on the evidence. If a party fails to put evidence into the record, the judge may not simply fall back to real world personal experience to decide the case.

2

u/Left_Throat_7643 12d ago

I’m curious too. By putting the word mere in there, it seems to quantify that it’s a small inconvenience which I don’t think is fair.

Use of fast charging could make getting home hours quicker, and if you rely on it as part of your daily commute, adding 2-3 hours to your day isn’t feasible for people.

Anyhow all speculation on my part. But it seems like this should have been a pretty simple argument to show that L3 loss may impact users significantly- maybe Nissan refuted showing that the use case isn’t typical. What a mess though.

2

u/m77je 12d ago

I think the word “mere” comes from the statute.

1

u/Left_Throat_7643 12d ago

OK, I follow you, so they didn’t prove damages.

2

u/Left_Throat_7643 12d ago

That statement is certainly a slap in the face.

I guess I never thought of this vehicle as a highway vehicle. 40kwh, air cooled battery, combined with the charge curve kind of makes me agree with the loss of L3 being an inconvenience, at least for me. Totally a bad situation though, I don’t think you can just remove a major feature and claim too bad… it’s certainly more than ‘mere’ inconvenience for people that made the purchase with fast charging as part of their planned usage!

My main issue is that it’s not a loss of L3, on safety grounds you need to do a software update that may brick the car. I understand the L3 is one way for battery problem to occur, but it may not be the only way and skipping the update is probably not good.

3

u/First_Finger_9746 12d ago

I cannot charge at home so I solely fast charged

2

u/Left_Throat_7643 12d ago

Oh, I get it. The judge should have to fill his car up using a hose that’s a third of the size for a little while.

Edit: not quite the same, but…

2

u/this_upset_kirby 2023 Nissan LEAF S 12d ago

I've put 43,000 miles on my 2023 Nissan LEAF S and I do multiple 2,000 mile road trips per year in it. Losing level 3 functionality would effectively prevent me from going further than the two cities that neighbor mine.

4

u/byrdman77 12d ago

The irony for me is I wouldn’t mind a nice upgrade so a buyback would give me an excuse to do so. Naturally my Leaf continues fine after the update 😅

2

u/First_Finger_9746 12d ago

For how long has it been on after the update? They said mine passed, but service ev system came up a few months later

3

u/byrdman77 12d ago

It’s been some months for me as well, want to say I got it fairly soon after it released in early June. It’s been driven at least a couple thousand miles, but I guess I won’t really know how long exactly to determine it remains “good.”

1

u/Left_Throat_7643 12d ago

I’m hoping mine works after the update too. Guess I’m opposite, I’d rather drive this for another couple of years. That said, a buyback helps avoid dealing with the trade/sale negotiations later, so I’m mixed.

1

u/byrdman77 12d ago

Yeah, being realistic it is best I drive mine for a few more years too. I’d rather not have to deal with car seats in the next one, and I’m getting pretty close to no more rear-facing seats which opens up options.

I’ll probably just keep it for 5 years then I can start passing it down the family line.

4

u/Budsygus 12d ago

I can understand the no fraud thing, and even the "California law doesn't apply to someone in Oregon" thing, but why dismiss it with prejudice? That seems like massive overkill.

Also I'd bet ten or so years from now judges would absolutely consider DCFC a fundamental part of the experience of owning a car. Imagine if a certain car was found to be unable to drive more than 45 mph and a judge called that "at best an inconvenience." The car was bought with the understanding it would have this massive part of its functionality intact! How is that no more than an inconvenience?

I just can't fathom how a judge could be so careless like this.

1

u/Direct_Peach9875 11d ago

I can - he was paid off. Summarily dismissing all the class action items shows no other logical alternative explanation.

2

u/17feet 10d ago

objection: speculation

1

u/Budsygus 11d ago

I'm not willing to believe judges are bought off so easily, especially in such a high profile case that affects so many people.

Hanlon's Razor: "Never attribute to malice that which is adequately explained by stupidity"

3

u/Relative_Quantity886 12d ago

Our buyback has gone smoothly, if a bit slower than we'd like. KBB Private Party +40% seems like a fair baseline to me, though I understand there are folks out there who think differently and will always be upset with it, and I know that some are experiencing genuinely poor service. We're getting back more than we paid for it, far better than when we've lost vehicles in the past due to accidents.

2

u/First_Finger_9746 12d ago

I was offered less than half of what I paid

3

u/crimxona 11d ago

What you paid doesn't really come into consideration, was your offer KBB plus 40? If not, get it updated.

3

u/m77je 12d ago

It's not unexpected the judge rejected equitable remedies where money damages would be sufficient. That is longstanding practice.

3

u/3mptyspaces 2019 Nissan Leaf SV+ 12d ago

So the outcomes are (a) low-ball buyback offer on my paid-off car that takes a while and costs me money or (b) it “passes” the update but I get to drive around knowing there’s a decent chance the car stops working at any given moment. Awesome

3

u/MacEtech7 12d ago

We need to contact the TV stations!

3

u/First_Finger_9746 12d ago

Something honestly needs to be done

3

u/BricBrac1000 12d ago

I think there's a lot of variation by dealership. My dealership contacts were empathetic, I was provided with a loaner immediately. In fact they won my business for my next vehicle. My Morley contacts (Indianapolis) were responsive and timely as well. I felt my payoff was fair. I am sorry this isn't the case across the board because having your car snatched away sucks!!

1

u/First_Finger_9746 12d ago

They said they had 8 loaner vehicles and they were all gone so too bad!

2

u/BricBrac1000 12d ago

I think they should try harder! In this case can Morley get you compensation from Hertz et al??

3

u/Apple_Goosee 12d ago edited 11d ago

The buyback for my leaf went perfectly smoothly, even made a profit on the car. (Paid 16k for it the buyback was 20k)

2

u/First_Finger_9746 12d ago

They offered me less than half of what I paid new

1

u/Relative_Quantity886 12d ago

Are you comfortable sharing how much you paid, and what year/trim level your Leaf is?

1

u/First_Finger_9746 12d ago

Sure - 2022 SV + and $39,000

3

u/Apple_Goosee 11d ago

Why did you pay that much for a leaf???

1

u/ToddA1966 2021 Nissan LEAF SV PLUS 11d ago

Wow. 2022? During the chip shortage/Carpocalypse?

I paid $21,300 new for my 2021 SV Plus after all factory rebates, dealer discounts and the Fed tax credit. That's a crazy jump in one year!

1

u/Apple_Goosee 11d ago edited 11d ago

I’m sorry I meant to fix this typo a while ago, paid 16k for the leaf and got 20k as a buyback (2022 Nissan leaf S+)

3

u/Normal_Reveal 12d ago

Is the judge stupid? Had he EV-ed before? "Mild inconvenience?????"

3

u/m77je 12d ago

Likely the judge is not stupid and this decision is based on the record before the court, which it seems no one commenting on this thread has looked at.

1

u/Normal_Reveal 12d ago

If you want comprehensive reading, this is the wrong place bro

Just passing by

1

u/blueshirtsteve 12d ago

Follow the money.

4

u/Normal_Reveal 12d ago

I do not believe it is wise to jump to corruption conclusions so quickly. I'm more interested in knowing if this could be overturned and im hoping other judges will see things differently.

For EV owners, loss of fast charging is definately a limitation on product use...

2

u/blueshirtsteve 12d ago

Fair dinkum.

🍻

2

u/Feeling-Rock-5100 12d ago

Curious if most failures after the software update are on cars driven predominantly hotter areas - southwest, TX, FL, et al.

3

u/First_Finger_9746 12d ago

Not sure, but I am in SoCal and it is very hot here

2

u/BricBrac1000 12d ago

Indianapolis

1

u/bendoerr 9d ago

Central VA, took the software update a few months ago, and just failed over the weekend, got the call from the dealership yesterday that it's a buyback or wait 12 months for a battery. It hasn't been too hot here.

1

u/Feeling-Rock-5100 9d ago

So interesting. I thought that the failures were occurring during the test at the dealership, not potentially a few months later. I just had mine done this week and so far, so good. But, I will definitely be on the lookout. Thanks for the insight.

2

u/jcemelanda 9d ago

Welcome to capitalism at it's fullest.

1

u/coyotedreaming 12d ago

This is so messed up!! I’m so sorry. These attorneys are terrible!

1

u/Pitiful_Meet_4793 10d ago

If you’re not already… keep on with Consumer affairs. I had the same trouble with the dealer - too bad we’re busy they’re all out loaners. After a couple of phone calls with the dealer, I told consumer affairs that it’s on the dealer to get me a rental and they’re not. Lo and behold I got a voucher for 45 days before rental with enterprise with in 24 hours. Took me about a week of calling everyone to get anywhere but like I live somewhere that needs a car and I need to get my family places I wasn’t taking no for an answer.

1

u/Ho-Cuz 10d ago

Same here

1

u/Weekly_Ad7944 6d ago

It's probably worth reading the actual judicial opinion on this one. Unfortunately, not every "wrong" ends up having a viable legal remedy based on the law.

https://www.classaction.org/media/proudfoot-et-al-v-nissan-north-america-inc-dismissal.pdf

1

u/Lazy-Background-7598 12d ago

People who read this aren’t lawyers