in Newswire Published on December 15, 2022

2013-2018 Nissan, Infiniti Vehicles Equipped with ‘Obsolete’ 3G Modems, Class Action Says

Last Updated on January 9, 2023

Schwarz v. Nissan North America, Inc.

Filed: November 16, 2022 ◆§ 3:22-cv-00933

Nissan North America faces a class action that alleges the automaker equipped certain 2013-2018 Nissan and Infiniti vehicles with an obsolete 3G modem.

Defendant(s)

Nissan North America, Inc.

Law(s)

New York General Business Law

State(s)

Tennessee

Nissan North America faces a proposed class action that alleges the automaker equipped certain 2013-2018 model year Nissan and Infiniti vehicles with an obsolete 3G modem, leaving drivers without the use of several internet-enabled features after AT&T’s 3G phaseout earlier this year.

The 19-page complaint alleges NissanConnect Services, NissanConnect EV, Infiniti InTouch Services and Infiniti Connection driver-assist systems were rendered inoperable after AT&T decommissioned its 3G network in February 2022. Without internet connection, the services, and, consequently, the vehicles’ stolen vehicle locator, remote lights, remote unlocking, horn triggering and automatic crash notification features, among others, no longer work, the suit says.

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The filing relays that Nissan failed to inform drivers at the time of purchase or lease that the 3G modem in their vehicle was inferior technology and would likely become obsolete before the end of the vehicle’s useable life, or possibly while it was still under warranty. Per the suit, Nissan has refused to upgrade or repair the 3G modem in affected vehicle models.

Consumers have ultimately bought or leased Nissan and Infiniti vehicles that were “fundamentally different from what they believed they were purchasing, less valuable than was represented, and less valuable than what they actually received.”

“To date, Plaintiff and Class members have not obtained an adequate repair for the non-functional 3G modem, and they do not know whether [Nissan] is capable of providing a repair for the non-functional 3G modem.”

The vehicle models allegedly equipped with obsolete 3G telematics include:

2016-2017 Nissan Leaf;
2016-2017 Nissan Altima;
2017-2018 Nissan GT-R;
2016-2017 Nissan Maxima;
2017 Nissan Murano;
2017 Nissan Pathfinder;
2016-2017 Nissan Rogue;
2017-2018 Nissan Rogue Sport;
2016-2018 Nissan Sentra;
2016-2017 Nissan Titan;
2017 Nissan Titan XD;
2014-2018 Infiniti Q50;
2017-2018 Infiniti Q60;
2013-2018 Infiniti Q70;
2017-2019 Infiniti QX30;
2013-2017 Infiniti JX;
2013-2017 Infiniti QX60;
2013-2017 Infiniti QX56; and
2013-2017 Infiniti QX80.

As mobile carriers such as AT&T look to upgrade their networks to use the latest technologies, they periodically shut down older, outdated services, such as 3G, to free up spectrum and supporting infrastructure, the case explains. AT&T launched its 4G LTE service in September 2011 and announced in February 2019 that it would sunset its 3G wireless network in order to make way for its 5G network, the suit says.

Despite having this much notice that AT&T’s 3G network would inevitably be disappearing, Nissan continued to make the vehicle models listed above with a 3G modem, the lawsuit claims.

Nissan joins Ford, Volkswagen, Toyota, Lexus, BMW and Porsche in facing putative class action litigation over the decision to equip certain vehicle models with now-obsolete 3G telematics. According to the Federal Communications Commission’s website, Verizon will shut down its 3G network by December 31 of this year. T-Mobile already shut down its 3G network in March 2022, the FCC states.

The lawsuit looks to cover all persons and entities in the United States who bought any of the Nissan or Infiniti vehicle models listed on this page for end use and not for resale.

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