The legal rumblings over allegedly defective BMW Mini transmissions got even louder this month when a second class action lawsuit was filed against the automaker. The new BMW Mini class action lawsuit, filed by Florida Plaintiffs, joins a California class action lawsuit filed last year by owners frustrated at how Mini dealers are handling – or not handling – the situation, leaving owners with unresolved issues and thousands of dollars in repair bills.
Both groups of Plaintiffs allege in the class action lawsuits that certain BMW Mini Cooper vehicles contain a “manufacturing defect” in the continuously variable transmission (known as CVTs) that causes premature transmission failure.
According to the new Mini Cooper transmission class action lawsuit, filed in the U.S. District Court in Miami, the problem affects 2002-2005 Mini Cooper hardtops, and 2005-2008 Mini Cooper convertibles. The class action lawsuit includes vehicles sold in Florida and alleges BMW violated the state’s Deceptive and Unfair Trade Practices Act.
A previous class action lawsuit filed in September 2011 in California, known as Brad Aarons v. BMW of North America, LLC, is seeking restitution, damages and other relief for owners who faced the same CVT transmission failures. Some of the Plaintiffs in the lawsuit alleged they spent between $6,000 and $9,000 to have their CVTs repaired or replaced – almost a third to a half of the original purchase price they paid for the vehicles. Some Plaintiffs couldn’t afford the repairs and had to sell their vehicles, suffering major losses.
UPDATE: Judge Gutierrez preliminarily approved a MINI Cooper Transmission Class Action Settlement. Details on how to file a claim will be available soon.
UPDATE 2: Notices and claim filing instructions for the MINI Cooper settlement are being delayed by disputes between the two parties. Both sides asked the Court to intervene to expedite administration of the class action settlement benefits.
UPDATE 3: Claim filing instructions are now available! See how to file a claim for the MINI Cooper class action settlement here.
UPDATE 4: A misplaced objection to the MINI Cooper class action settlement has delayed the distribution of funds. Because the objection is similar to other objections already overruled by the judge, it is likely to be overruled as well. We will update readers when more information is available.
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