Welcome to the Nelson v. Nissan North America, Inc. Settlement Website
UPDATE: We have received Final Approval of the Settlement. Class Members who have completed a repaint may submit a valid reimbursement claim by the deadline of January 10, 2021. The reimbursement claim form for Nissan owners can be found at https://www.nissanassist.com/campaigns/rogue-white-paint/. The reimbursement claim form for INFINITI owners can be found at https://www.infinitiassist.com/campaigns/qx56-white-paint/. Class Members who have not yet completed a repaint may visit an Authorized Nissan dealer or INFINITI retailer to complete a repaint and/or exercise their eligibility in Nissan’s or INFINITI’s Vehicle Purchase Program. Please note the deadline for exercising your eligibility in Nissan’s or INFINITI’s Vehicle Purchase Program is April 30, 2020.
If you bought a new or used White-painted Nissan Rogue and/or Infiniti QX56, and if you fit the description of a member of the Settlement Class, then you have the following options:
- You can claim one of the benefits provided by the Settlement. Under the Settlement, you may be eligible for a subsidized repaint of your vehicle and rental car coverage, as well as eligibility in Nissan’s Vehicle Purchase Program. If you have already repainted your vehicle at your own expense, you may be eligible for compensation.
- You can exclude yourself from the Settlement. If you pursue this option, you will not receive any of the settlement benefits described above, but you retain the right to bring your own lawsuit. Your request to exclude yourself must be submitted no later than November 29, 2019. You must follow the process described in part 8 below. If the Settlement is approved and you do not exclude yourself, you will be bound by the Settlement and will release certain claims described below.
- You can object to the Settlement. The deadline for objecting to the Settlement is November 29, 2019. All objections must be mailed to the Settlement Administrator, Class Counsel, and NNA’s counsel. See Frequently Asked Question number 7 for details.
NOTE: PLEASE DO NOT CALL OR WRITE THE COURT, THE COURT CLERK’S OFFICE, OR NNA’S COUNSEL FOR MORE INFORMATION. THEY WILL NOT BE ABLE TO ASSIST YOU. If you have questions, please contact the Settlement Administrator on the Contact Us tab.
In two purported class actions known as Nelson v. Nissan North America, Inc., Case No. 3:17-cv-01114 (M.D. Tenn.) and Anglin v. Nissan North America, Inc., Case No. 1:17-cv-04240 (N.D. Ill.), the Plaintiffs alleged that they bought vehicles that NNA had defectively painted. Specifically, they alleged that their vehicles’ paint peeled in whole parts after only a few years of use and that NNA refused to provide repaints. NNA denies that it did anything wrong. The Court has not decided who is right.
A settlement of the lawsuits (“Settlement”) has been negotiated which, if approved by the Court, gives you options, including the ability to get a repaint (subject to co-pay) or reimbursement for a repaint you already completed, car rental coverage (or reimbursement), and eligibility for Nissan’s Vehicle Purchase Program, which would allow you to purchase new Nissan or Infiniti vehicles at a pre-negotiated price.
By entering into the Settlement, NNA has not admitted the truth or validity of any of the claims against it. Your rights and options under the Settlement—and the deadlines to exercise them—are explained below.
|YOUR LEGAL RIGHTS AND OPTIONS|
|SUBMIT A REIMBURSEMENT CLAIM OR VISIT AND AUTHORIZED NISSAN INFINITI DEALERSHIP||These are the only ways to receive benefits from the Settlement. Class Members who have completed a repaint must submit a valid reimbursement claim by the deadline of December 19, 2020 to receive a payment and will give up certain rights as described below. Class Members who have not yet completed a repaint may, once the settlement is approved, visit an Authorized Nissan or Infiniti dealer to complete a repaint and/or exercise their eligibility in Nissan’s Vehicle Purchase Program. Please check this site in January 2020 for further instructions.|
|DO NOTHING||If you do nothing, you will receive nothing from the Settlement, but you will still give up your rights to sue NNA as described below.|
|EXCLUDE YOURSELF FROM THE SETTLEMENT||If you exclude yourself, you can sue NNA on your own and at your own expense, but you will not receive anything from the Settlement. The deadline for excluding yourself is November 29, 2019.|
|OBJECT||You may file an objection if you wish to object to the Settlement. The deadline to object to the Settlement is November 29, 2019.|
|GO TO A HEARING||Ask to speak in Court about the fairness of the Settlement. The Court has set a hearing for December 19, 2019 at 1:00 p.m. (subject to change).|
These rights and options—and the deadlines to exercise them— are explained in this Notice. The Court in charge of this Settlement still has to decide whether to approve the Settlement. If approved, benefits will be distributed to those who qualify. Please be patient.