Nissan '0% Financing' Suit Tossed For Lack Of State Claim

Law360 (August 17, 2018, 9:17 PM EDT) -- A New Jersey federal judge on Thursday dismissed a putative class action alleging that a Nissan services contractor and a car dealership used a service agreement with higher interest rates than stated to rip off a car buyer, finding the warranty statute governing the suit mandates plaintiffs plead an underlying state-law claim.

The suit filed by Fabian Arkliss had brought two claims under the Magnuson-Moss Warranty Act, a 1975 law that allows for lawsuits by consumers who are damaged by "the failure of a supplier, warrantor or service contractor to comply with any obligation ... under a written warranty, implied warranty or...

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