The matter involves servicemen who were leasing vehicles from Nissan Motors prior to being deployed overseas. Under the Servicemembers Civil Relief Act (SCRA) when military personnel are deployed overseas, these servicemen are given special rights to terminate existing obligations, such as the right to terminate a car lease. When terminating a car lease, the servicemenber is entitled, under the SCRA to get back the pro-rata amount that such person may have paid toward future monthly payments and fees when the lease was signed.
A class action lawsuit was brought on behalf of servicemen who, upon being deployed overseas, terminated their Nissan car lease, but failed to receive reimbursement for prepaid leasing fees. Nissan’s lease agreement had a forced arbitration clause and class action ban. Nissan successfully moved to compel arbitration. As a result, claims such as this may only be pursued in arbitration. If you are in the military and terminated a lease with Nissan prior to being deployed overseas, but did not receive a pro rata reimbursement for lease payments and fees paid in advance, we must first express our mortification that having fought for your country, you are now denied the right to assert your 7th Amendment right to trial by jury. We hope you make yourself count again and join this case. If you had the same thing happen with another motor company, than launch a new case. And thank you for your service!