Nissan Forward Emergency Braking System Does Not Work as Intended, Class Action Alleges

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A proposed class action alleges the Forward Emergency Braking System (FEB) found in a number of recent Nissan vehicle models suffers from a defect that can cause it to falsely engage or otherwise fail to work as it’s supposed to. 

The 52-page case in Tennessee says the FEB system in the following Nissan models is plagued by one or more defects that can cause it to falsely trigger automatically, and thus cause a vehicle to abruptly slow down or come to a complete stop with no actual need to do so, or deactivate itself, creating a driver distraction and rendering the system disabled and useless: 

• 2019-2021 Nissan Maxima;
• 2020-2021 Nissan Sentra;
• 2020-2021 Nissan Versa;
• 2017-2021 Nissan Rogue Sport;
• 2019-2021 Nissan Altima;
• 2020-2021 Nissan Kicks;
• 2017-2020 Nissan Rogue;
• 2021 Nissan Armada; 
• 2018-2021 Nissan Leaf;
• 2019-2021 Nissan Murano; and 
• 2020-2021 Nissan Titan. 

According to the suit, each affected Nissan is equipped with a Continental ARS410 radar sensor. 

Nissan touts its FEB system as an “intelligent feature” that uses radar technology to monitor a vehicle’s proximity to the one ahead of it, and gives the driver audible and visual display warnings to reduce speed if a possible front-end collision is detected. If the driver fails to respond to the warnings, the FEB system can apply the brakes automatically, the case says.

The complaint alleges that Nissan has “wrongfully and intentionally concealed” that its FEB system is “not a safety feature … but rather an unpredictable and unreasonable safety hazard.” Per the suit, drivers have reported “significant, unexpected phantom decelerations and stops” as a result of the FEB system engaging falsely, when no objects are nearby. Other drivers have said the FEB system has turned itself off, creating a distraction while on the road, the suit mentions. 

The lawsuit alleges Nissan knew of the false activation problem with its FEB systems years before the affected vehicle models were put on the market, and even received “an unusually large number of complaints” almost immediately after the cars were released, per the case. The lawsuit says that although Nissan notes in each vehicle’s owner’s manual that there exists a risk of false activation of the FEB system in some road or traffic conditions, this warning is “buried in small text” amid hundreds of pages and is “too vague, cursory, and non-specific” to amount to a proper warning. 

According to the filing, the automaker continues to market the above-listed vehicles equipped with a FEB system as safe and reliable while failing to disclose that they are “defective and not fit for their intended purpose.” Despite possessing ample notice of the FEB problems, the case says, Nissan has nevertheless declined to recall affected vehicle models, offer suitable repairs or replacements free of charge or reimburse drivers for costs related to diagnosing and fixing the issue. 

“Had Plaintiffs and the other Class members known about the FEB defect, they would not have purchased and/or leased the Class Vehicles or would have paid less for them,” the suit contends, claiming Nissan has “wrongfully and intentionally” transferred the costs of fixing the FEB problem to consumers. 

The complaint claims that Nissan has issued to authorized dealers since mid-2018 approximately 11 technical service bulletins, quality actions or other service campaigns centered on false activations of the affected vehicles’ FEB systems. 

The lawsuit looks to cover all persons or entities in California, North Carolina and Ohio who bought, lease, leased, own or owned one of the Nissan vehicle models listed on this page. 

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