Frequently Asked Questions
- What is this lawsuit about?
- Why is the lawsuit a class action?
- Why is there a Settlement?
- How do I know if I am part of the Settlement?
- What are the benefits of this Settlement?
- What do I need to do to get the benefits of this Settlement?
- Do I need to hire my own attorney?
- Where can I get more information?
- What is this lawsuit about?
This lawsuit is called Laura Frances Hays v. Nissan North America, Inc., Case No. 17-CV-0353-BCW, pending in the United States District Court for the Western District of Missouri (“Lawsuit”). Laura Hays is the person who filed the lawsuit and she is called the Plaintiff. Nissan is known as the Defendant.
In the lawsuit, Plaintiff alleges that the Class Vehicles were designed with defective front floor pans that allowed moisture to become trapped in them and potentially rust. Plaintiff filed claims for declaratory judgment, breach of express warranty, violation of the Missouri Merchandising Practices Act, unjust enrichment, fraudulent concealment and violation of the Magnuson-Moss Warranty Act. The Court dismissed all claims except the Missouri Merchandising Practice Act, which it certified for class treatment.
Nissan denies all of Plaintiff’s claims related to the floor pans, denies all allegations of wrongdoing, fault, liability or damage of any kind to Plaintiff or the Settlement Class, and denies that it acted improperly or wrongfully in any way.
Top - Why is the lawsuit a class action?
In a class action lawsuit, one or more people called “Class Representatives” (in this case, Laura Frances Hays) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The Court decided that this lawsuit can be a class action because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts.
Top - Why is there a Settlement?
Plaintiff believes that her case is meritorious, yet she has agreed to this Settlement because, if it is approved, it provides substantial benefits to the Class, including free repairs and/or cash reimbursement. The Settlement also avoids the risks associated with further litigation and trial.
Nissan believes the lawsuit has no merit, but nevertheless is willing to enter into this Settlement as a further commitment to its customers, to provide extra peace of mind to its customers, and to end further litigation, which could be protracted, burdensome and expensive.
The Court granted final approval for the Settlement in September 2022. The Court’s decision to approve the Settlement did not mean that either side “won”; rather, it means the Court approved of the parties’ decision to settle, and the terms offered by the Settlement.
Top - How do I know if I am part of the Settlement?
If you received a Notice, it is because records show that you currently own or previously owned a Class Vehicle in Missouri.
To be eligible to receive the benefits of this Settlement, you must either: (1) currently own or lease a Class Vehicle, or (2) have previously owned or leased a Class Vehicle and paid for repairs to rust in a front floor pan of a Class Vehicle.
Again, “Class Vehicle” is defined as a Missouri-registered:
• Nissan Altima (limited to model years 2002-2006), and
• Nissan Maxima (limited to model years 2004-2008).
Top - What are the benefits of this Settlement?
If you are eligible, you could receive the following benefits if the Settlement is approved:
A. Inspection or Repair for Current Owners of Class Vehicles
Within one year of the Effective Date the Settlement, you may have your Class Vehicle inspected at any authorized Nissan dealership in Missouri for an inspection of whether front floor pan corrosion is present.
Nissan will repair the front floor pan of any Class Vehicle that presents with front floor pan corrosion free of charge. Nissan will not pay for unrelated repairs that may be needed or detected during the inspection, even for vehicle corrosion to areas other than the front floor pan.
If your Class Vehicle requires repair, then Nissan will provide you with a rental vehicle, if one is requested, for as long as completing the repair takes, but not more than 5 days.
Inspection of the front floor pan for corrosion must occur on or before October 31, 2023.
B. Reimbursement for Repair Costs for Current or Previous Owners/Lessees
If you are a current OR former owner/lessee of a Class Vehicle, and you already paid to repair the front floor pan(s) because of corrosion and you have not been reimbursed already, then Nissan will reimburse you for out-of-pocket expenses for the corrosion repair.
To recover, you will need to submit a Claim Form (also available here), and you will need to submit the Supporting Information required by the Settlement, which must include:
(1) proof of repair and repair cost;
(2) proof of payment; and
(3) sufficient information to verify that you owned or leased the Class Vehicle in Missouri at the time of the repair.
If your repairs were performed by an authorized Nissan dealership, then Nissan will reimburse you 100% of your out-of-pocket expenses (provided that you submit a valid Claim Form and Supporting Information).
If your repairs were performed somewhere other than an authorized Nissan dealership, then Nissan will reimburse you 100% of the out-of-pocket expenses, but the reimbursement shall not exceed $5,000 (again, provided that you submit a valid Claim Form and Supporting Information).
You must submit your reimbursement claim via mail or online on or before October 31, 2023.
Top - What do I need to do to get the benefits of this Settlement?
If you are a current owner/lessee of a Class Vehicle and you are eligible for the inspection and repair, then you must take your Class Vehicle to an authorized Nissan dealership on or before October 31, 2023. You can find more details about the inspection and repair period in FAQ 6.
If you are a current owner/lessee or former owner/lessee of a Class Vehicle who previously paid for repairs and have not already been reimbursed, then you must submit a Claim Form and Supporting Information on or before October 31, 2023. A Claim Form can be accessed here or by calling the Settlement Administrator at 1-855-770-4786.
You can submit the Claim Form and your Supporting Information online, or by mailing them to:
Hays v. Nissan North America, Inc.
c/o KCC Class Action Services
P.O. Box 8060
San Rafael, CA 94912-8060
Regardless of how you submit your Claim Form and Supporting Information, you must do so on or before October 31, 2023.
Upon receiving a Reimbursement Claim Form from a claimant, the Settlement Administrator will review the documentation and confirm or deny the Settlement Class Members’ eligibility for reimbursement.
Settlement checks will be effective for 180 days from the date of issuance. Checks that are not negotiated or deposited within that timeframe will be void.
Top - Do I need to hire my own attorney?
You do not need to hire an attorney. You, and the entire Settlement Class, are already represented by a group of attorneys listed below, who are known as Class Counsel. If you have any questions about the Notice or Settlement, you may contact them, but please do not contact the Court.
• Williams Dirks Dameron LLC (www.williamsdirks.com)
• Stueve Siegel Hanson LLP (www.stuevesiegel.com)
Top - Where can I get more information?
The Notice, which has been approved by the Court, is only a summary. If you wish to obtain more detailed information, you may review the Settlement Agreement which contains the complete terms of the Settlement. The Settlement Agreement, along with the pleadings, records and other papers regarding the lawsuit, are available here.
If you have additional questions regarding the Notice or the Settlement, or if you did not receive Notice in the mail and believe that you may be a member of the Settlement Class, you should contact the Settlement Administrator for this case by calling 1-855-770-4786 for more information, or you may communicate directly with Class Counsel by contacting the attorneys listed in FAQ 7.
PLEASE DO NOT CALL OR WRITE THE COURT.
IF YOU STILL HAVE QUESTIONS, CONTACT THE SETTLEMENT ADMINISTRATOR AT 1-855-770-4786
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