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BMW 3-Series (E90 E92) Forum > E90 / E92 / E93 3-series Powertrain and Drivetrain Discussions > N54 Turbo Engine / Drivetrain / Exhaust Modifications - 335i > HPFP and Turbo class action lawsuit



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      10-07-2010, 04:45 PM   #1
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HPFP and Turbo class action lawsuit

Don't think this has been posted here. I thought it would be of interest.

class action lawsuit
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      10-07-2010, 05:46 PM   #2
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wow.. I actually never thought about that highway scenario or thought this could turn into something that BMW could be brought to court for. Im glad someone is doing something about it.
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      10-07-2010, 05:49 PM   #3
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"Any time a consumer brought their BMW in for repair or routine maintenance, BMW would 'upgrade' the vehicle’s software. This software tweak kept the turbo chargers from operating at full capacity, ensuring that their defects would go undetected."
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      10-07-2010, 05:50 PM   #4
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Finally! Hope this forces a major redesign
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      10-07-2010, 06:08 PM   #5
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I would say that most if not all of what they say is true.
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      10-07-2010, 06:34 PM   #6
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Quote:
Originally Posted by Mr. 5 View Post
I would say that most if not all of what they say is true.
Indeed.
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      10-07-2010, 06:51 PM   #7
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interested to see if anything actualy comes from this.
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      10-07-2010, 07:05 PM   #8
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Or you can sue bmw personally. Worked for me.
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      10-07-2010, 07:13 PM   #9
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Quote:
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Or you can sue bmw personally. Worked for me.
how did it work out for you?
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      10-07-2010, 07:14 PM   #10
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how did it work out for you?
5 digit cash settlement....I would say, pretty well lol
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      10-07-2010, 07:18 PM   #11
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5 digit cash settlement....I would say, pretty well lol
pm me details pls.
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      10-07-2010, 07:23 PM   #12
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pm me details pls.
+1 *^
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      10-07-2010, 07:34 PM   #13
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+1 *^
+2^
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      10-07-2010, 07:35 PM   #14
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Search 1addicts. I posted my story there. No details to pm, read your lemon law laws, if you are CLOSE, or over the requirements call bmw and talk. They will blow you off, call a lawyer that charges bmw if you win, and nothing if you lose. There are many out there. Present the case to your lawyer, however don't start anything yet. Call BMW na back and tell them you spoke to a lawyer and ect ect ect. They will lowball you, then file the case legally and bmw will do everything under the sun to prevent a lemon law case because if they lose, that car is branded as a lemon and they will NEVER sell it for anything worth their time again.

In my case I had something like 42 days in the shop in the first year of ownership. Multiple items failed 2/3 times, one more and they HAVE to take it back by law. Don't be fooled if they tell you have to many miles, the counter starts during hte first failure, not your current mileage.
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      10-07-2010, 08:55 PM   #15
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Doh, they gave me 2k towards an extended warranty. I'm still getting very rough idle right now which they say is not happening
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      10-07-2010, 09:05 PM   #16
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Quote:
Originally Posted by Clap135 View Post
Search 1addicts. I posted my story there. No details to pm, read your lemon law laws, if you are CLOSE, or over the requirements call bmw and talk. They will blow you off, call a lawyer that charges bmw if you win, and nothing if you lose. There are many out there. Present the case to your lawyer, however don't start anything yet. Call BMW na back and tell them you spoke to a lawyer and ect ect ect. They will lowball you, then file the case legally and bmw will do everything under the sun to prevent a lemon law case because if they lose, that car is branded as a lemon and they will NEVER sell it for anything worth their time again.

In my case I had something like 42 days in the shop in the first year of ownership. Multiple items failed 2/3 times, one more and they HAVE to take it back by law. Don't be fooled if they tell you have to many miles, the counter starts during hte first failure, not your current mileage.

sucks during the ordeal but it worked out well
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      10-07-2010, 09:11 PM   #17
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they should of included the wastegates in that lawsuit since I'm actually in for service for both right now.
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      10-07-2010, 09:15 PM   #18
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hopefully this will make them take care of the problems!!!
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      10-07-2010, 09:35 PM   #19
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wow......well its expected and hope it works out for all of you.

call those people up. hell they should join here.
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      10-08-2010, 10:48 AM   #20
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I love BMW but this has gone on to long. I am glad someone is finally doing something. I like many others have had fuel pump/wastegates/and turbos replaced and still have wastegate tick just as bad as I did before everything. I hate not being able to mod my car because I am scared my fuel pump will fail at any time and I will have to take it to the dealer.
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      10-08-2010, 11:05 AM   #21
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interesting.. curious to see what comes from this
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      10-08-2010, 02:19 PM   #22
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Quote:
Originally Posted by Clap135 View Post
Search 1addicts. I posted my story there. No details to pm, read your lemon law laws, if you are CLOSE, or over the requirements call bmw and talk. They will blow you off, call a lawyer that charges bmw if you win, and nothing if you lose. There are many out there. Present the case to your lawyer, however don't start anything yet. Call BMW na back and tell them you spoke to a lawyer and ect ect ect. They will lowball you, then file the case legally and bmw will do everything under the sun to prevent a lemon law case because if they lose, that car is branded as a lemon and they will NEVER sell it for anything worth their time again.

In my case I had something like 42 days in the shop in the first year of ownership. Multiple items failed 2/3 times, one more and they HAVE to take it back by law. Don't be fooled if they tell you have to many miles, the counter starts during hte first failure, not your current mileage.
Just wanted to clarify a few issues here:

1. "Or you can sue bmw personally. Worked for me." This is misinformation. The lawsuit in OP's post is seperate and distinct from lemon law claims. If the attorneys are successful in proving their allegations it's likely that class members will not have to experience and HPF failure or prove anywhere near the consistent issues that need to be proven to make a lemon law claim stick. Rather, the allegation is that by merely owning a car with an N54 motor owners have experienced a loss in the form of diminution in value. There may be seperate categories of claimants for people who have actually experienced a failure and those who haven't.

The burden in a lemon law violation is to prove that the car broke down X times or was in the shop X days triggering the lemon law. The burden in the class action discussed will be to prove that BMW knew about the HPF issue, negligently disregarded it or suppressed information and or committed fraud/collusion, and that those actions led to damage (diminution in value). That may cost hundred's of thousands of dollars to litigate, and the damages will be certainly less than the value of one car per claimant. In other words, if you sued BMW personally for the claims alleged in the class action you may win, but it would cost more to litigate than you would get back in damages. That's why class actions exist, to allow plaintiffs with comparatively low damages to aggregate claims to make expensive litigation possible.

2. "Don't be fooled if they tell you have to many miles, the counter starts during hte first failure." In most states this is incorrect. I can't speak for NY, but generally speaking the mileage limit and time limit within which you can bring a lemon law claim begin to run upon delivery of the car. If your final failure occurs prior to the expiration of the limitations period and the repair attempts go past that period, you likely would be able to pursue your claim past the limitations period.
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