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      11-16-2018, 01:17 PM   #2
94vtirozguy
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Drives: 2013 X3 F25 (N20)
Join Date: Sep 2018
Location: CT

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i have not heard anything, however BMW have extended warranties on certain cars, there is a thread on how to check for this. It expires at 7 yrs / 70,000 miles.

I will be getting mine inspected before then to make sure, if all is good, will be keeping eyes peeled for the court case mentioned.

I suspect this court case might force BMW's hand, into a recall at some stage.

just found this:

A federal judge recently trimmed claims in a consolidated BMW engine defect class action, but ruled that the automaker cannot escape the suit entirely.

U.S. District Judge William H. Walls partially granted and partially denied BMW’s motion to dismiss claims that it sold vehicles with a known engine defect.

Judge Walls dismissed allegations of negligent misrepresentation as well as several individual claims from plaintiffs who he deemed did not have standing to sue.

However, the court kept most of the plaintiffs’ claims for breach of warranty, consumer fraud, and unjust enrichment.

The consolidated BMW engine defect class action includes allegations from 21 vehicle owners who filed their own individual BMW class action lawsuits prior to consolidation.

The plaintiffs allege that the automaker concealed problems with their model year 2012-2015 vehicles with N20 and N26 direct injection turbocharged engines. A variety of vehicles are affected by the alleged defects including certain X3 SUVs, 528xi sedans, and 328i sedans.

The BMW class action lawsuit also take issue with BMW’s warranty policies. The automaker allegedly provided consumers with a express warranty lasting four years or 50,000 miles.

However, plaintiffs claim that BMW knew that the warranty wasn’t sufficient considering the engine defects plaguing the vehicles. The BMW class action alleges that the warranty should have lasted 150,000 miles or 10 years.

Judge Walls determined that allegations for breach of express warranty can be allowed to advance due to sufficiently detailed arguments brought by the plaintiffs.

“Given both plaintiffs’ relative lack of power and sophistication and allegations that BMW purposefully manipulated the warranty provision through their superior knowledge, plaintiffs have sufficiently [pled] an express warranty claim,” Judge Walls determined.

Vehicle owners in the BMW class action have allegedly spent thousands of dollars attempting to fix the BMW engine defect problems.

Out of pocket repairs for the issues have ranged from $4,500 to $22,000, motivating the plaintiffs’ fight to hold BMW accountable.

Plaintiffs and their counsel are reportedly satisfied with Judge Walls’ ruling and are ready to move forward with litigation.

“I get contacted regularly from consumers that have been victims of this problem asking, ‘What’s the next step?’ and now we’ve reached the next step,” plaintiff counsel said in a statement to Law 360. “It’s important when you look at things in terms of dollars and cents, and the problem with these vehicles’ timing chains and engine failures, it can be a real profit center for a manufacturer when you can charge $15,000 for an engine failure.”

Plaintiffs in the BMW engine defect class action seek to represent a nationwide Class of consumers affected by the problem as well as several subclasses for states such as New Jersey, Illinois, Florida, Utah, New York, Colorado, Texas, Alabama, Oklahoma, Massachusetts, California, Wisconsin, Oregon and North Carolina.

The BMW owners are represented by Joseph R. Santoli, Gary S. Graifman and Jay I. Brody of Kantrowitz Goldhamer & Graifman PC; Bruce H. Nagel and Randee M. Matloff of Nagel Rice LLP; and Thomas P. Sobran of Thomas P. Sobran PC.

The BMW Engine Defect Class Action Lawsuit is Gelis, et al. v. Bayerische Motoren Werke Aktiengesellschaft, et al., Case No. 2:17*-cv-07386, in the U.S. District Court for the District of New Jersey

Last edited by 94vtirozguy; 11-16-2018 at 01:23 PM..
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