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BMWFanny, BMW is stating in their advertidsing and on the web site that they have elminated trubo lag. If the car has turbo lag, then I would have to say it hasnt been eliminated. The advertising is then false.
As far as the possibility of this becoming a legal action and the owners being successful, it is a very good possibility the owners would win if it got that far. I say this becuase I was involved in something with Yamaha, and they bought back a lot of bikes becuase of a false advertising claim.
I am posting the info below that was fomr when this happend a couple years ago, but it shows that the owners of the BMWs having the trouble have a chance.
Yamaha is buying back all (any) of its 2006 Yamaha-R6 bikes, because of false advertising concerning it. This means that if you got the bike, they will buy it back for the total new cost, plus extra for intrest. ($10,000about).
They claimed it (the R6) to redline at 17,500 RPM which is what many (in the industry) considered impossible without the Formula-1 pneumatics (which make it possible for them [F1 cars] to rev. to the numbers like 20,000RPM). It (the R6) could only rev. to about 16,100-16,200RPM. Now in this industry (over-anxious)claims on tachs are nothing new, people often overstate them by 500RPM, but when 17,500 was intorduced on Yamaha as a main selling point people thought that without the F1 pneumatics, numbers like that simply were not possible... and they infact (with todays technology) arent... so Yamaha is planning to take a huge hit on this...
I thinkit is wrong for anyone to have to accept a car that is not what they paid for, or, are continuing to pay for,while the company doesnt do anything to make it right. Granted they may be working on it, but some people do not have the car for that long. By the time a fix come out they could be turning it in at the end of the lease.
If BMW is comitted to thier customers they should at least let us know that they are aware of the problem and are trying to fix it, not ignoring it. Say something to acknowledge the concerns of the people that paid a lot of money and are only asking for the car you advertised.
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