BMW recalls numerous models with in-tank fuel pumps that may have insufficiently crimped wire contacts

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BMW of North America  is recalling certain model year 2007-2011 BMW X5 3.0si, X5 4.8i, X5 M, X5 xDrive30i, X5 xDrive35i, X5 xDrive48i and X5 xDrive50i, 2008-2011 X6 x Drive35i, X6 xDrive50i and X6 M, 2010-2011 X6 ActiveHybrid, 535i xDrive Gran Turismo, 535i Gran Turismo, 550i xDrive Gran Turismo and 550i Gran Turismo, 2011-2012 528i, 535i, 535i xDrive, 550i and 550i xDrive and 2012 535i ActiveHybrid, 640i Convertible, 650i Convertible, 650i xDrive Convertible, 650i Coupe and 650i Coupe xDrive vehicles. The affected vehicles have in-tank fuel pumps that may have insufficiently crimped wire contacts.

The loose wires may cause the connector to melt, resulting in a fuel leak. Additionally, the fuel pump may stop working, possibly causing an engine stall and increase the risk of a crash.

136,188  vehicles are affected by the recall

BMW will notify owners, and dealers will replace the fuel pump module, free of charge. The recall is expected to begin December 5, 2016.

BMW named in class action lawsuit over failure to replace recalled defective airbags within a reasonable period of time

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Plaintiff brings this class action to remedy BMW’s systematic breach of its warranty obligations to replace recalled defective airbags within a reasonable period of time.

In March 2016, BMW sent a recall notice to Plaintiff and the Class stating that 2006-2015 BMW 1 Series, 3 Series, and X1, X3, X5 and X6 vehicles contained a defect that “could cause rupturing of the air bag inflator, resulting in metal fragments striking the driver or other passengers potentially resulting in serious injury or death” (the “Recall Notice” or “Notice”).

The Notice informed Plaintiff that “[t]he driver’s front air bag module will be replaced free of charge when parts become available.” However, “at the present time [BMW] do[es] not have parts available.” Plaintiff is informed and believes that replacement parts will not be available for at least six months and possibly much longer. This is an unreasonable period of time to remedy the defect and provide required compensation or a suitable alternative for Plaintiff and the putative Class.

As alleged, BMW’s failure to replace the admittedly deadly air bag module within a reasonable time causes Plaintiff and the putative Class herein direct and concrete loss and cost. Plaintiff and the other members of the Class cannot safety drive their expensive BMW vehicles, depreciation causes declining value in those vehicles, the BMW vehicles are essentially unsaleable and BMW’s warranty, for which Plaintiff and the other members of the Class paid as part of their purchase price, is at least partially exhausted even as they are unable to drive their vehicles.

COMPLAINT

BMW named in class action lawsuit over representations regarding i3 all electric hybrid

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In 2014, BMW’s highly anticipated i Series line of electric and electric-hybrid vehicles were introduced to the market for sale to the public in certain states. These vehicles include the BMW i8 electric plug-in hybrid and the BMW i3 all-electric hybrid.

The i3 is offered with an additional feature called a Range Extender – a gasoline-powered, two-cylinder combustion engine with a small fuel tank that engages when the i3 electric battery level drops to a certain level. The Range Extender supposedly allows the vehicle to operate for many miles (double the mileage, according to BMW) after the electric battery in the i3 loses power and is a large selling point for BMW to prospective owners and lessees of the i3.

BMW’s i3 vehicles were widely touted by BMW as being ideal for everyday use. The class action complaint alleges that actual performance of the i3 REx, however, is far from ideal. Unfortunately for consumers like Plaintiff, model years 2014-2016 BMW i3 Rex vehicles suffer from a serious defect that manifests when the Class Vehicles transition from running on the electric battery to the fuel-powered Range Extender.

Specifically, within minutes after this transition occurs, Class Vehicles experience a drastic loss of power and reduction in speed, referred to as “limp mode,” creating a serious safety risk for owners and lessees of Class Vehicles, as well as other drivers on the roads.

As alleged, BMW also fails to inform prospective owners and lessees of the i3 REx that the vehicle is plagued with this defect and that owners and lessees of the Class Vehicles will inevitably experience a significant power loss or deceleration in certain driving scenarios, including under conditions where the defect can pose a significant threat to safety.

Despite several complaints by consumers about this issue, BMW has done nothing to satisfactorily remedy the defect. The only action BMW appears to have taken is to provide a software update that results in a five-word electronic warning on Class Vehicle dashboards when the vehicle’s electric battery level is low that states “Low Batter: Power reduction possible.” This response is woefully inadequate and clearly does nothing to eliminate the clear safety concerns created by the deceleration defect in Class Vehicles, nor does it fix the actual declaration problem itself.

Plaintiff brings this class action lawsuit on behalf of a class of similarly situated consumers who have purchased or leased one or more of the Class Vehicles.

Class Action Complaint

BMW named in class action over delay in replacement of front air bag module

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Plaintiff brings this class action to remedy BMW’s systematic breach of its warranty obligations to replace recalled defective airbags within a “reasonable period of time.”

As alleged, in March 2016, BMW sent a recall notice to Plaintiff and the Class stating that 2006-2015 BMW 1 Series, 3 Series, and X1, X3, X5 and X6 vehicles contained a defect that “could cause rupturing of the air bag inflator, resulting in metal fragments striking the driver or other passengers potentially resulting in serious injury or death” (the “Recall Notice” or “Notice”). The Notice informed Plaintiff that “[t]he driver’s front air bag module will be replaced free of charge when parts become available.” However “at the present time [BMW] do[es] not have parts available.”

Plaintiff is informed and believes that replacement parts will not be available for at least six months and possibly much longer. This is an unreasonable period of time to remedy the defect and provide required compensation or a suitable alternative for Plaintiff and the putative Class.

The complaint alleges that BMW’s failure to replace the admittedly deadly air bag module within a reasonable time causes Plaintiff and the putative Class herein direct and concrete loss and cost. Plaintiff and the other members of the Class cannot safety drive their expensive BMW vehicles, depreciation causes declining value in those vehicles, the BMW vehicles are essentially unsaleable and BMW’s warranty, for which Plaintiff and the other members of the Class paid as part of their purchase price, is at least partially exhausted even as they are unable to drive their vehicles.

BMW’s systematic failure to replace the deadly air bag module, and the consequential exhaustion of valuable warranty coverage even as Plaintiff and members of the Class are unable to use their vehicles, is an “unconscionable commercial practice” in violation of the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-2), breaches BMW’s contractual covenant to replace defective parts within a “reasonable time”, violates BMW’s contractual covenant to provide four years of warranty coverage, and transgresses the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301, et seq.) along with the National Traffic and Motor Vehicle Safety Act of 1966.

COMPLAINT

BMW named in class action lawsuit over comfort access feature IN X5 vehicles

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As alleged, the comfort access feature is a convenience feature integrated into the Class Vehicles, and their remote controls. With regard to the functionality of the comfort access feature, the BMW NA owners’ manual states, “The concept: The vehicle can be accessed without activating the remote control. All you need to do is to have the remote control with you, e.g., in your jacket pocket. The vehicle automatically detects the remote control when it is nearby or in the passenger compartment.

Comfort access supports the following functions: Unlocking/locking of the vehicle.” The owners’ manual goes on to say, “Functional requirement: To lock the vehicle, the remote control must be located outside of the vehicle.” The owners’ manual clearly instructs operators of Class Vehicles that in order to lock the vehicle, the remote control must be located outside of the vehicle, and thus, if the remote control is located inside of the vehicle, the vehicle cannot lock.

As alleged, the comfort feature is defective. Numerous owners and lessees of 2008 through 2015 BMW X5 vehicles have reported that their vehicles have automatically locked while the remote control has been inside of their vehicles, at times trapping children inside their vehicles.

The Class Vehicles consist of all model year 2008 through 2015 BMW X5 vehicles equipped with the comfort access feature, sold or leased to consumers in California.

COMPLAINT

 

BMW named in class action lawsuit over defects in cars equipped with N63B4400 engines

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Plaintiff bring this class action lawsuit against BMW on behalf of all persons who currently own or lease a 5 Series, 6 Series, 7 Series, X5 and/or X6 model BMW equipped with the 4.4-liter V8 version of the N63B4400 engine, manufactured between 2008 and 2013.

As alleged, these engines suffer reliability issues that result from problems relating to the timing chain, fuel injectors, mass airflow sensors, crankcase vent lines, battery, the engine vacuum pump and low-pressure fuel sensors. Such problems led to more serious concerns such as excessive battery drainage (the “Battery Defect”), oil leakage (the “Oil Defect”) and engine seizure, often causing pistons to crack the engine block due to the high pressure (the “Engine Defect”). Such engine reliability issues have arisen with the N63 Engine regardless of mileage, sometimes even occurring in vehicles with less than 20,000 miles.

COMPLAINT

 

BMW recalls more than 420,000 vehicles over defective airbags

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BMW of North America is recalling certain model year 2002-2005 325i, 325xi, 330i, and 330xi Sedans, and 325xi and 325i Sportswagons, 2002-2006 330Ci, 325Ci, and M3 Convertibles and 325i, 330i, and M3 Coupes, 2002-2003 M5, 540i, 525i Sedan, and 530i Sedans, and 540i and 525i Sportswagons, and 2003-2004 X5 3.0i and 4.4i Sports Activity Vehicles. Please note that the 5-series and X5 vehicles are only included if they are equipped with the optional sports steering wheel. The affected vehicles are equipped with a dual-stage driver frontal air bag that may be susceptible to moisture intrusion which, over time, could cause the inflator to rupture.

In the event of a crash necessitating deployment of the driver’s frontal air bag, the inflator could rupture with metal fragments striking the driver or other occupants resulting in serious injury or death.

Approximately 420,661 vehicles are affected by the recall.

BMW will notify owners, and dealers will replace the front driver air bag module, free of charge. The manufacturer has not yet provided a notification schedule.

 

BMW of North America, LLC recalls motorcycles over cracking of rear wheel mounting flange

BMW of North America, LLC (BMW) is recalling certain model year 2005-2010 R1200GS and R1200RT, 2006-2010 R1200GS Adventure, 2007-2010 R1200R, 2007 R1200S and K1200R Sport, 2005-2007 R1200ST, 2008-2009 HP2 Megamoto, 2006 HP2 Enduro, 2008-2010 HP2 Sport, 2005-2008 K1200S, 2006-2008 K1200R, K1200GT, 2009-2011 K1300S, 2010-2011 K1300R, and 2009-2010 K1300GT motorcycles. In the affected motorcycles, the rear wheel mounting flange may crack if the rear wheel mounting bolts are over tightened.

If the rear wheel mounting flange cracks, the mounting bolts may loosen and the rear wheel may not remain secured to the motorcycle, causing a loss of stability and increasing the risk of a crash.

Approximately 43,426 motorcycles are affected by the recall

BMW will notify owners, and dealers will replace the existing aluminum rear wheel flange with a steel one, free of charge. The recall is expected to begin April 21, 2015.

BMW named in class action lawsuit over marketing of TwinPower Turbo BMW vehicles using a single-turbo engine.

This is a class action brought by Plaintiff against Defendant, BMW of North America, LLC (“BMW” or “Defendant”), on behalf of all current and former owners and lessees of new and Certified Pre-Owned BMW vehicles equipped with single-turbocharger engines that BMW calls “TwinPower Turbo” engines (“Vehicle(s)” or “Class Vehicles”), challenging BMW’s deceptive sales and marketing of those Vehicles.

Plaintiff brings this class and representative action on behalf of a class of all persons who purchased, leased, and/or currently own or lease, certain new or Certified Pre-Owned “TwinPower Turbo” BMW vehicles using a single-turbo engine.

According to the complaint, in 2009, BMW unveiled a new proprietary term called “TwinPower Turbo” to describe all of its turbocharged engines in cars beginning with model year (“MY”) 2010. Used by BMW worldwide, “TwinPower Turbo” is the nomenclature used to describe each turbocharged engine manufactured by BMW. The phrase “TwinPower Turbo” strongly suggests, and is designed to suggest, twin turbos, a well-known, highly prestigious, and powerful engine arrangement that commands a price premium in the market.

From 2006 to 2008 (MY2007-09), BMW manufactured the twin-turbo “N54” engines. BMW’s sales and marketing of its twin-turbo N54 engine created immense publicity and market awareness amongst consumers, existing BMW owners and lessees, and likely BMW purchasers and lessees. The N54 6-cylinder engine generated 8-cylinder-engine levels of horsepower and torque, while maintaining the fuel consumption and weight of a 6-cylinder unit. BMW received numerous auto industry accolades for its N54 engine and sold hundreds of thousands of cars and sports activity vehicles (“SAVs”) equipped with this power plant.

For a variety of reasons, including the significant volume of high pressure fuel pump failures associated with its N54 engine, as well as the need to meet Federal Corporate Average Fuel Economy regulations, BMW significantly scaled down production of its N54 engine, limiting its use to a small subset of its vehicles (e.g., special variants such as its performance 335is coupe and sedan, and Z4 sDrive 35i convertible).

As alleged, BMW replaced the N54 with the “N55,” a single-turbo engine. In other words, it contained just one turbocharger, and was therefore a cheaper, less powerful, less prestigious engine than its twin-turbo N54 predecessor.

BMW described its N55 engine as “TwinPower Turbo” so as to maintain the market prestige built up by its prior twin-turbo N54 engine, and to trade off of the prestige of twin turbos in the marketplace generally. The “TwinPower Turbo” terminology enabled BMW to evoke the recent heritage of its twin-turbo N54 engines and capitalize on the strong, positive, consumer sentiment earned by those engines.

The N55 “TwinPower Turbo” is therefore a “False Twin” – an engine marketed as a TwinPower Turbo to manipulate consumers into believing that the vehicle contained twin turbos, when, in actuality, it contains only a single turbo.. BMW repeated this false marketing practice with its N20, N26, and B38 engines, marketing all of those engines as “TwinPower Turbo,” even though they are single-turbo engines and, therefore, also False Twins.

BMW developed the terminology “TwinPower Turbo” specifically to lead consumers to believe that engines bearing that description used twin turbos. By using its “TwinPower Turbo” nomenclature, BMW reaped profits, prestige, and market share through inflated purchase prices and lease terms accepted by consumers who erroneously believed their BMW vehicles were True Twins, when, in fact, the “TwinPower Turbo” N20, N26, N55 and B38 engines were actually False Twins. BMW unjustly enriched itself by holding out its “TwinPower Turbo” offerings as twin-turbo charged, but simply delivering single turbo- charged vehicles.

BMW’s use of the misleading “TwinPower Turbo” nomenclature continues to this day, as BMW uses “TwinPower Turbo” to describe many single turbo MY 2014 cars, including the 228i, M235i, 320i, 328i, 335i, 428i, 435i, 528i, 535d, 535i, 640i, 740i, 740li, Z4 sDrive28i, Z4 sDrive35i, and Z4 sDrive35is. They are all False Twins.

Plaintiff and the class have been damaged by BMW’s misrepresentations, concealment, and non-disclosure of the true nature of BMW’s “TwinPower Turbo” engines, and because they were misled into purchasing or leasing Vehicles of a quality different than they were led to believe they were obtaining, and ultimately paying more for the Vehicles than they would have if the true nature of the “TwinPower Turbo” engine had been disclosed.

Complaint

 

BMW recalls vehicles over defective bolts that may lead to engine losing power or stalling

BMW is recalling certain model year 2010-2011 128i Coupe, 128i Convertible, 328i Sedan, 328i xDrive Sedan, 328i Coupe, 328i Convertible, 328i Sports Wagon and Z4 sDrive 30i, 2011-2012 135i Coupe, 135i Convertible, 335i Sedan, X5 xDrive 35i, and X6 xDrive 35i, 2011 335i xDrive Sedan, 335i Coupe, 335i Convertible, 528i Sedan, 535i Sedan, 535i xDrive Sedan, X3 xDrive 28i, and X3 xDrive 35i, 2010 X3 xDrive 30i, and X5 xDrive 30i, 2012 640i Coupe, and 640i Convertible and 2010-2012 535i Gran Turismo vehicles. In the affected vehicles, the bolts that secure the housing for the variable camshaft timing adjustment (VANOS) unit can loosen over time and may possibly break.

If the bolts loosen or break the engine may have reduced power or stall. An engine stall increases the risk of a crash.

Approximately 156,137 vehicles are affected by the recall.

BMW will notify owners, and dealers will replace the four VANOS housing bolts for both VANOS units (intake and exhaust), free of charge. The recall is expected to begin in May 2014.