This is a class action against BMW of North America, LLC on behalf of a class of California consumers who currently own or lease, or previously owned and leased, a 2007 or later year BMW 5 series vehicle (the “Subject Vehicle(s)”) that has or had 17” or larger original equipment manufacturer BMW alloy wheels (the “BMW Alloy Wheels”)
As alleged in the complaint, BMW knew, or should have known, that the BMW Alloy Wheels affixed to low profile or run-flat tires were subject to cracking, requiring the wheels, and sometimes the tires, to be replaced after being used—in some cases, after less than 20,000 miles—and that such cracking is not consistent with the reasonable expectations of consumers regarding alloy wheel life on the Subject Vehicles. Despite this knowledge, BMW placed the BMW Alloy Wheels on the Subject Vehicles and failed to disclose that the BMW Alloy Wheels would have a shorter life span than reasonable consumers would expect.
BMW’s failure to disclose the fact that the BMW Alloy Wheels prematurely crack is especially egregious in light of the safety hazard resulting from driving with a cracked wheel, due to the loss of tire pressure that typically ensues. Moreover, the possibility of a loss in tire pressure while driving the Subject Vehicles would be a material fact to a reasonable consumer.
This action is brought to remedy violations in connection with Defendant’s marketing and distribution of the BMW Alloy Wheels which come affixed to the Subject Vehicles. The BMW Alloy Wheels are subject to cracking under normal driving conditions, creating a safety hazard and necessitating replacement or repair of the wheel and sometimes the tire, at substantial cost to the consumer.