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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 > Waste Gate and HPFP Lawsuit



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      12-23-2011, 01:28 PM   #1
selshahE92
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Waste Gate and HPFP Lawsuit

Check it out sent to me from a buddy of mine!

Dealer Communication System Message
Message Date 12/20/2011
Message
Submitted 12/20/2011 11:56:44 AM
Message Expires 2/29/2012
Subject Preliminary Approval of the Class Action involving BMW N54 Engine Vehicles
High Pressure Fuel Pump
Author First Name Technical Service
Author Last Name
Message
To: BMW Service Managers, Parts Managers, Service Advisors and Shop Foremen
High Pressure Fuel Pump
BMW of North America, LLC has decided to settle a class action lawsuit involving the high
pressure fuel pump ("HPFP") and turbo-charger wastegates in the following vehicle series
equipped with the N54 engine:
E60, E61, E71, E82, E88, E89, E90, E92 and E93
The court has preliminarily approved the proposed settlement.
A Notice to former and current owners and lessees of these vehicles equipped with high pressure
fuel pump and turbo-charger wastegates will be mailed this week. Your center may receive this
Notice if records indicate past or current ownership of an affected vehicle.
Although the court has provided preliminary approval, the Turbo-Charger Warranty discussed
below will not be effective, and approved reimbursement claims under the settlement will not be
processed, until the court grants final approval and all appeals or appellate rights associated with
the final approval order are exhausted (the "Effective Date of the Settlement").
BMW NA has agreed to continue the Existing HPFP Recall and Extended Warranty Measures for
the HPFP in place since December 2010.
Turbo-Charger
Commencing fifteen (15) days after the Effective Date of the Settlement, BMW NA shall extend
the Emissions Warranty on applicable Settlement Class Vehicles to cover any failure of the
turbocharger that is caused by the alleged defect in the wastegates for a total of 8 years or 82,000
miles, whichever comes first.
Per the terms of the original New Vehicle Limited Warranty, BMW NA will not provide warranty
coverage to any Settlement Class Vehicle containing modifications or alterations to the
turbocharger or its wastegates (software, hardware or otherwise), or evidencing other conditions
not normally covered under the original New Vehicle Limited Warranty applicable to the
Settlement Class Member's Settlement Class Vehicle.
TIS : Dealer Communication System Message Page 1 of 2
http://www.bmwtis.net/tiscode/dcs/dc...asp?pk_id=1955 12/23/2011
Modifications excluded from warranty coverage include any aftermarket parts that affect the
turbocharger system.
General Information
A Service Information bulletin will be published within the next month, providing details on
reimbursement allowed under the terms of the settlement. At that time, we will also provide you
with a copy of the Notice and Claim Form for your information.
Customers who previously replaced affected high pressure fuel pumps may be eligible for benefits,
and should be directed to the settlement website:
www.gilardi.com/hpfpsettlement, after December 23, 2011, when the website becomes active.
Although the court has provided preliminary approval, the settlement does not become final and
effective until the court grants final approval and all appeals or appellate rights associated with the
final approval order are exhausted. Additional information will be provided once final approval is
granted.
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      12-23-2011, 01:38 PM   #2
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interesting bump
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      12-23-2011, 02:03 PM   #3
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Does this mean I'm going to get a check for $5? If so, a subway sandwich has my name on it.
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      12-23-2011, 02:14 PM   #4
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Do you guys think 3 tunes, 2 sets of downpipes, and an addiction for messing with everything mechanical on the car voids this deal?
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      12-23-2011, 02:31 PM   #5
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Quote:
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Do you guys think 3 tunes, 2 sets of downpipes, and an addiction for messing with everything mechanical on the car voids this deal?
lol... exactly what I was thinking... d'oh...
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      12-23-2011, 02:36 PM   #6
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Quote:
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Do you guys think 3 tunes, 2 sets of downpipes, and an addiction for messing with everything mechanical on the car voids this deal?
No, not really. We do that so we can feel better abt our defective engines. Wink wink!!!!!
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      12-23-2011, 03:44 PM   #7
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Guaranteed that any car out of the regular warranty (and no extended) will be heavily scrutinized for turbo replacements. Downpipes would be a definite kick out....
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Last edited by bigdaddycane; 12-23-2011 at 05:41 PM.
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      12-23-2011, 04:25 PM   #8
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Very nice. I'll be checking my mail daily for this free lunch.
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      12-23-2011, 06:55 PM   #9
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Interesting.
I've just gotten used to the waste gate rattle. Maybe after I hear some success stories I'll throw the stock downpipes back on and try it out.
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      12-23-2011, 07:53 PM   #10
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so what are the chances a catback will void this and a chargepipe lol...itd be nice to get a set of turbos if only i could figure out a way to get them to think these are bad..aha itd be nice to buy aftermarket turbos an sell 2 brand new bmw turbos
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      12-23-2011, 08:48 PM   #11
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Just took mine to the dealer this past thursday and they followed the protocol of reprogramming, changing the wastegate actuators, and then putting the turbos on. I didnt have to fight at all. They said my rattle was pretty bad but it was very easy to have them do the job, I will update next monday when I pick up the car.
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      12-24-2011, 09:21 AM   #12
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Quote:
Originally Posted by Brey335i View Post
Do you guys think 3 tunes, 2 sets of downpipes, and an addiction for messing with everything mechanical on the car voids this deal?
Quote:
Originally Posted by skim7x View Post
lol... exactly what I was thinking... d'oh...
Quote:
Originally Posted by bigdaddycane View Post
Guaranteed that any car out of the regular warranty (and no extended) will be heavily scrutinized for turbo replacements. Downpipes would be a definite kick out....
Definitely going to agree with bigdaddycane... BMW will more than likely look for any reason not replace them under warranty. I'd even be willing to bet an aftermarket exhaust with the secondary cats removed will probably be a concern.

Quote:
Originally Posted by selshahE92 View Post
...Per the terms of the original New Vehicle Limited Warranty, BMW NA will not provide warranty coverage to any Settlement Class Vehicle containing modifications or alterations to the turbocharger or its wastegates (software, hardware or otherwise), or evidencing other conditions not normally covered under the original New Vehicle Limited Warranty applicable to the Settlement Class Member's Settlement Class Vehicle.TIS : Dealer Communication System Message Page 1 of 2 http://www.bmwtis.net/tiscode/dcs/dc...asp?pk_id=1955 12/23/201
Modifications excluded from warranty coverage include any aftermarket parts that affect the turbocharger system.
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      12-24-2011, 10:02 AM   #13
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right, but both downpipes and no cats will actually help turbos function better....kinda ironic, huh?
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      12-24-2011, 10:39 AM   #14
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My car has 71k miles you think my turbos are covered? I think I am still under the maintenance warranty too 100k or Sept 2012
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      12-24-2011, 11:50 AM   #15
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Quote:
Originally Posted by 04ebevo View Post
Just took mine to the dealer this past thursday and they followed the protocol of reprogramming, changing the wastegate actuators, and then putting the turbos on. I didnt have to fight at all. They said my rattle was pretty bad but it was very easy to have them do the job, I will update next monday when I pick up the car.

how many miles you have on your car
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      12-24-2011, 12:22 PM   #16
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Bmw failed so hard in the forced induction game.
The engines are amazing but just arent reliable for sh*t.
The n54 has BIG problems, n55 isnt doing great either
There was a huge recall on the n63's auxiliary water pumps which could cause fires lol
Imagine with the new 4cyl and the new m3 engine haha recall after recall
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      12-24-2011, 12:25 PM   #17
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i just hit 80 thou...and my turbo leaks oil idk where from exactly but i took my splash shield off and seen it has oil everywhere around it...it doesnt drip too bad doesnt reach the floor doesnt even get on the bottom of the splash sheilds but there is a leak..think i should just take it in as say i hear a rattle in the waste gate? an i have the stock dps 3.5" hpf exhaust no mufflers and charge pipe and help on this situation is greatly appreciated...
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      12-24-2011, 02:08 PM   #18
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Quote:
Originally Posted by bmw4lyfe View Post
i just hit 80 thou...and my turbo leaks oil idk where from exactly but i took my splash shield off and seen it has oil everywhere around it...it doesnt drip too bad doesnt reach the floor doesnt even get on the bottom of the splash sheilds but there is a leak..think i should just take it in as say i hear a rattle in the waste gate? an i have the stock dps 3.5" hpf exhaust no mufflers and charge pipe and help on this situation is greatly appreciated...
I am going to call Monday and see what I can do I've got 71 miles
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      12-24-2011, 03:57 PM   #19
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Interested in seeing if I get a letter, rattle started a few months ago I think, prob gonna need to have my stock DP's thrown on or find a dealer that just will ignore them
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      12-24-2011, 04:03 PM   #20
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Got my letter in the mail as well...(Yesterday)

Wonder why they have it at 8 yrs/82,000 miles...?

Anyways..would be nice to have a recall on turbos until 120k
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      12-24-2011, 05:00 PM   #21
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in the letter i received they said in section 5 "bmw na has agreed to extend by 1 year or 12k miles the new vehicle limited warranty covering the settlement class vehicles for any failure of a turbocharger caused by a defect in a turbocharger wastegate."

where are you guys getting 8 years???
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      12-24-2011, 05:16 PM   #22
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Quote:
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how many miles you have on your car
42k
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