Odd turn of events.
New Jersey Says Nissan Is Liable for Failing to Warn Consumers of Theft Risk

By Kevin G. DeMarrais, The Record, Hackensack, N.J. Knight Ridder/Tribune Business News

Mar. 9--NEWARK, N.J. - Is a manufacturer legally obligated to tell its customers that its product has become a hot target for thieves?

Yes, New Jersey authorities say.

In a suit filed Monday in Somerset County, the state accused Nissan North America Inc. of failing to warn customers that the super-bright xenon headlights on its Maximas were a favorite among thieves. In addition, it did not tell customers that a kit was available to make the lights more secure, even as it was alerting its dealers about the kit.

Because of the design, experienced thieves could remove both lights from a vehicle in as little as 1 minute, said Attorney General Peter Harvey, who filed the suit with Reni Erdos, director of the Division of Consumer Affairs.

They said the Gardena, Calif.-based automaker's inaction, when it knew of the problem, was an "unconscionable commercial practice," and a violation of the Consumer Fraud Act.

Companies have a responsibility under state law to act fairly and honestly, to disclose material facts, Erdos said.

"We allege the company sold cars with these fancy lights, but kept consumers in the dark about how attractive the headlamps were to thieves," Erdos said. "Nissan's actions, or lack thereof, rendered consumers vulnerable to the criminals who targeted their vehicles." Nissan declined to comment on the lawsuit, but said in a statement that no manufacturer has done more to reduce xenon headlight theft.

"While nothing can completely eliminate the thefts of parts from vehicles, we believe the proactive steps taken by Nissan will help deter criminals from stealing headlights from our customers' Maximas," the statement said.

Nissan said theft is a problem "in major metropolitan areas of New York and New Jersey." It said it began an anti-theft initiative last fall by sending letters to consumers in the Northeast, telling them they could bring their cars to a dealer to have a bracket installed, free of charge, to make the headlights more difficult to steal.

That was too little, too late, the state said.

"Nissan knew [of the problem] since at least September 2002," Harvey said. However, it wasn't until more than a year later that Nissan finally began notifying 2002 and 2003 Maxima owners of the risk of theft. About 46,000 letters were sent.

"Meanwhile, numerous victims were hit with huge repair bills," Harvey said. In addition, motorists faced getting stranded at night, unable to drive their cars. "This was a public safety issue," he said.

Victims had to pay about $1,800 for reinstallation of the headlamps, although the final cost was often $4,000 or more because of other damage thieves did in removing the moon-blue lights. The lights would sell on the street for about $200, Harvey said.

The state is seeking restitution to consumers, plus civil penalties that could top more than $15 million. Police departments in 19 New Jersey municipalities, including four in Bergen County, reported 756 thefts or attempted thefts from 2002 or 2003 Maximas. Under the Consumer Fraud Act, violators face penalties of up to $10,000 for the first occurrence and up to $20,000 for each subsequent one.

Newark led with 277 cases, followed by Bloomfield with 135, Jersey City with 108, and Hillside and Butler with 50 each. There were also 17 in Elmwood Park, 12 each in Edgewater and Englewood Cliffs, and two in Lodi.

 

sweet make now they will actually fix this prob

 

One of the dumbest lawsuits I've ever seen. Maybe Honda will now pay my friend back for getting his Civic stolen.

 

what did we win?...

 

REPOST

this case has just begun...they're nowhere near any verdict yet...

 

This has got to be the most stupidest **** I've ever read. WHY would people sue Nissan for making a damn good car with HIDs for under 30k? I mean I know cheap *** people are looking for some money out of it, but damn people, at the end of the case, be glad you get your $3 check. Ok, maybe it does suck that they are really easy to steal, maybe it does suck that you're one of the ones who have gotten your lights stolen, and im sorry, but grow the hell up. Thats like me wearing a ROLEX down the street, someone whoop my *** and take it. Do I sue Rolex for making an expensive watch? You don't get anything when you buy one that says, "Hey, this is a nice watch, if you get your *** beat and it stolen from you, you can sue ROLEX." Hell I just might try that now and see what happens. But what I'm really trying to get across here, that this is just complete idiotism. Don't blame Nissan! Blame the damn crooks! Not Nissans fault that HID's are really nice, and a big target for thieves. Sorry had to vent, hahaha. But this is all getting ridiculous, not just this one, but many many other Lawsuits in the world today.

 

I agree. I just filed suit against the builder of my new home. He had the nerve to build the home with windows, so crooks could see into my home and steal my new T.V.! If I didn't have windows in my home, this would have never happened.

 

Dam this is in a way bad, it makes nissan look bad in general, you guys are all happy with you kits and dont complain unless they get stolen. I wish my car came with HID's.

 

You haven't won jack at this point. Reading and comprehension should apply here.

 

I'll tell you something, I have come to believe that HIDs are over rated. I have the I30 with regular halogens, and a 2003 Murano with HIDs. I don't see any real advantage with the HIDs! As a matter of fact, the sharp upper cut off of the hids seems to reduce the amount of light that is thrown down the road. Yes, my I30 throws more light than the Murano's Hids! Go figure.

 

I have a 2k3 and I agree with you, the only thing is that for the small amount of area the HID's do cover they are brighter in that area, I guess it's more of an ambient light.

The other thing with HID's as opposed to other lights is that when someone is looking at them head on they won't blind the hell out of you like regular halogen type lights.

 

I have adjusted mine up just a hair to help with the cut off. At 70mph on the freeway at night you're almost flying blind with the sharp cut off. I haven't had one person hit me with their high beams yet.

Dave
02 Maxima SE

 

Guess what guys - the HID's aren't getting stolen because ricers want to see better at night. HID's are all about style/looking cool/etc. Not to mention halogens are better in the rain/snow in my opinion.

And also, I agree this is a stupid suit. So if the court were to rule against Nissan, then what? Then class-action suits everywhere. Alot of lawyers getting rich. People who have had HIDs stolen will get a few left-over bucks once the lawyers all take their cut.

By the way, Does this mean that everyone who's ever had their rims stolen could also sue, since the wheel companies don't specificallly tell you that your rims could get stolen?

 

Halogens may be better in the snow because they have a yellowish light versus white light. I believe that HIDs are just as good as halogens in the rain though. That's based on my two vehicles with different halogens in one and HIDs in the other. I don't have to worry about snow where I live though.