Mini Cooper class action lawsuitA California federal judge has indicated he will grant preliminary approval to a proposed class action settlement involving allegations that BMW of North America LLC concealed a transmission defect in its MINI Cooper automobiles. If approved, the class action settlement would pay thousands of drivers as much as $9,000 for vehicle repairs.

U.S. District Judge Philip S. Gutierrez requested more information about the class size and suggested some revisions in the MINI Cooper class action settlement notice. Plaintiffs’ attorneys indicated that approximately 1,200 MINI Cooper owners had their transmissions replaced at BMW dealerships. However, it is unclear how many drivers took their MINI Coopers to a third-party facility for repair.

The plaintiffs in the class action lawsuit alleged that BMW hid the MINI Cooper transmission defect from customers at the same time it issued bulletins acknowledging the issue to BMW dealerships. The transmission defect can cause significant delays in acceleration, loss of forward propulsion and total transmission failure while driving. Even more concerning is the tendency of the transmissions to fail without warning. These transmission defects can contribute to traffic accidents that may lead motorists to experience serious injury or death.

In their class action lawsuit, the plaintiffs allege that BMW sacrificed the quality of the MINI Coopers in an effort to keep the vehicle prices low. Therefore, the company manufactured cars of substandard quality that put consumers at risk. The plaintiffs accuse the car company of prioritizing profits over customer safety.

Since the first MINI Cooper transmission defect lawsuit was filed in 2011, four similar class action lawsuits have been filed. The plaintiffs’ attorneys estimate that the number of Class Members in these consolidated class action lawsuits could number in the tens of thousands.

Judge Gutierrez has said that he will wait to approve the MINI Cooper transmission defect settlement until he receives an updated estimate of the number of likely Class Members.

Under the terms of the proposed class action settlement, BMW will reimburse drivers under the eight-year/150,000 mile warranty for all of their out-of-pocket expenses associated with the transmission repair. The plaintiffs have estimated their repair costs to range from $6,000 to $9,000. The proposed class action settlement will also provide a maximum of $4,100 to Class Members who had their MINI Coopers repaired at a third-party facility and up to $2,000 to consumers who sold the vehicles at a loss due to the transmission defects. BMW has also agreed to cover all future repairs for MINI Coopers up to 150,000 miles and eight years.

Owners of MINI Coopers who replaced their vehicles’ transmissions after the warranty expired will receive a three-year/50,000-mile parts warranty, according to the class action settlement.

Plaintiffs in the class action lawsuit are represented by Roland Tellis and Mark Pifko of Baron & Budd PC and Payam Shahian of Strategic Legal Practices, among others.

The BMW MINI Cooper Transmission Defect Class Action Lawsuit is Aarons v. BMW of North America LLC, Case No. 11-cv-07667, in the U.S. District Court for the Central District of California.

 

UPDATE: Judge Gutierrez preliminarily approved the 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.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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75 Comments

  • Bunthyrith tann July 24, 2013

    I bought a used 2003 Mini Cooper with an automatic transmission with 80k miles on it. I barely got to drive it and now the transmission went out. It’s going to cost me $8k to get it replaced. Now have just have the car sitting here in my driveway.

  • Stu Land July 25, 2013

    I am looking at the proposed settlement by California Judge. Are the terms 8 years or 150000 miles whichever comes first? If so this leaves everyone out except for those who can prove they had a 2002 – 2005 repaired between 2010 – 2013. The greatly affected models, are the ones between 2002 – 2005, these had the inferior parts and BMW switched manufactures of transmissions and engines in 2006. Isn’t this correct. They should be liable for all of the vehicles that they produced with defective parts. They knew about this before the 8 year warranty period elapsed, so they had time to correct it. RIGHT!!!

  • steve lustgarten July 29, 2013

    If I purchased one used will I be entitled to share.

  • Lyle Jeppesen August 8, 2013

    I bought a used 2006 Mini Cooper and like the other post have a faulty transmission under 70,000 miles. BMW of Murray UT quoted me $8004.00 in repairs!

  • J. Fair August 9, 2013

    Does anyone know how to join one of these class action lawsuits? I also have a 2005 Mini with dead standard transmission.

    • Miguel Renteria October 24, 2014

      I bought a used 2005 Mini Cooper S with an automatic transmission with 110k miles on it I barely got to drive it and now the transmission went out so my car is sitting in my garage i took my to a mini cooper dealer for repairs, is Goint to cost me $10.500 dollars to fixed i will not pay that much money to fixed
      how can i get connected to this settlement.
      thanks for your help.

  • Mark Meyer August 12, 2013

    I bought my daughter a 2004 with the CVT May 2012. Now it is Aug 2013 and the transmission is dead with 80k miles on it. My 17 year old is crushed and I am looking at a $7000 bill. How do I get connected to this settlement?

  • Mark Meyer August 12, 2013

    I bought my daughter a 2004 with the CVT May 2012. Now it is Aug 2013 and the transmission is dead with 80k miles on it. My 17 year old is crushed and I am looking at a $7000 bill. How do I get connected to this settlement?

  • Mark Meyer August 12, 2013

    I bought my daughter a 2004 with the CVT May 2012. Now it is Aug 2013 and the transmission is dead with 80k miles on it. My 17 year old is crushed and I am looking at a $7000 bill. How do I get connected to this settlement?

  • Mark Meyer August 12, 2013

    I bought my daughter a 2004 with the CVT May 2012. Now it is Aug 2013 and the transmission is dead with 80k miles on it. My 17 year old is crushed and I am looking at a $7000 bill. How do I get connected to this settlement?

  • Rudi Lueg August 18, 2013

    Same here: got my daughter a 2007 Mini and at 75000 miles I face a $6000+ bill. I am besides myself!

  • Doree August 20, 2013

    47000 miles and need a new transmission on my 2008 mini convertible How do I get it covered

  • Amy Gilbert August 20, 2013

    Had a 2008 Mini Cooper S, Clutch and Flywheel had to be replaced at 28K miles, Spent 3700.00 on this repair, who can I talk to to get in on this Classaction?

  • Lori L August 22, 2013

    My 2004 Mini had transmission failure around 80k miles. No warning, just died. $6500 later, I was broke & driving this piece of garbage around. Transmission died again a year later. I surrendered the car & have nothing to show for it. Shame on BMW for duping the public into buying what could have been an excellent car. The company skimped on quality to save some money & in the long run, just screwed themselves.

  • Sean August 22, 2013

    does this affect manual and automatic transmissions?

  • Stefanie August 22, 2013

    I have a 2006 Mini Cooper convertible. How do I become part of the class action lawsuits?

  • Jim W August 22, 2013

    I recently had to replace my transmission as well on a 2006 convertible with only 38,000 miles. I believe it is the same issue as this. Unfortunately this lawsuit only covers people in California it would appear:
    “The MINI Cooper defective transmission class action lawsuit seeking restitution, damages and other relief for a proposed class of all California residents who, at any time prior to the filing of this complaint, purchased or leased a 2002-2006 MINI Cooper Coupe or 2005-2008 MINI Cooper Convertible in California.”

  • Wendy Hughes-Jelen August 22, 2013

    I have a 2003 CVT that had to have a new transmission at 77k in 2008. I am a Seattle WA resident but I trailered my car to the dealer in Portland OR for the repair (they had superior tech service). I bought a refurbished CVT and they gave me a 2 year warranty on it. Now I am living in SoCal but I have not transferred my license yet. Trying to figure out how I can benefit from this. The refurb’d tranny has close to 50k on it and we are worried about it going out again.

  • Rebecca Eusey August 22, 2013

    AMY GILBERT:
    OMG. Me too…
    Had a 2008 Mini Cooper S, Clutch and Flywheel had to be replaced at 22K miles, Spent 3700.00 on this repair, who can I talk to to get in on this Class action? Look me up on NAM. Eusey.
    WE DO NOT QUALIFY under the current class action. MINI fixed it and split the cost with me, cost me $1,000 out of pocket. DMF and Clutch Bullshi*

  • Michael Capozzi August 23, 2013

    I bought an 06 mini cooper S automatic for my wife. Used with 103,000. Had the car for only one MONTH and the Transmission DIED. Was a present to her and had to watch it sit while we saved up the money and Spent $5k replacing it… Frustrated to say the least…

  • Chris Kaminsky August 23, 2013

    My 2004 MINI COOPER is on its 3rd 5sp tans @141k miles. Although the factory original lasted 102k miles, the 2nd dealership-reman only lasted 26k more. They covered the $2,000+ parts but I paid $880 labor to replace it the final time. While I do drive-it-hard, I do not power-shift! I’ve driven manual sticks all my life and knew these failures weren’t my fault. Also the failures were 1) synchronizer failure and 2) reverse gear linkage. These failures did not arise while-in-motion. They both arose upon trying to back out of a parking spot.

  • Chris Kaminsky August 23, 2013

    reading the below comments I don’t think people understand that this only applies to 2002-2005 5speed MANUAL (Rover/Midlands) transmission cars. Correct?

    Someone pointed out that 2002-2005 model year cars however are already OVER 8 YEARS old so does that mean this whole recall is moot ?????

  • Dan Mini PDX August 23, 2013

    I have a 03 R50 CVT Cooper and really like the car…Too bad its on its 2nd CVT Trans…If this one fails i am in line for another to keep me driving..I am hearing they have a new belt design that is more durable and can take more long term use without failure..When 3rd party repair shops repair a CVT it is almost always the belt that fails FYI..

  • Dan Mini PDX August 23, 2013

    I have a 03 R50 CVT Cooper and really like the car…Too bad its on its 2nd CVT Trans…If this one fails i am in line for another to keep me driving..I am hearing they have a new belt design that is more durable and can take more long term use without failure..When 3rd party repair shops repair a CVT it is almost always the belt that fails FYI..

  • Valvashon August 26, 2013

    This lawsuit is regarding ONLY the CVT automatic transmission used on the R50 and R52 “Cooper” version of the MINI. It does not cover any models with the manual transmission or any “S” models, as they used different transmissions. The picture used in the story is misleading, as it is of an “S” model- you can tell by the hood scoop. Good luck to all of you who may benefit when this is approved.

  • chad August 27, 2013

    sooooooo how do I go about getting re-imbursed for the transmission that I replaces a few years ago and money for the one that I have to replace right now?
    2005 “S” JCW manual. Going to be my third transmission.

  • Cindy August 27, 2013

    My 2004 mini is at the dealership right now in Hawaii with under 50 k miles on it. It’s been in their shop since July 9, 2013. It went in for the power steering pump warranty & they’re saying all kinds of things are happening to it. It drove perfectly fine going in (except for the power steering). They changed the starter cause it would’nt start after they installed the power steering pump, harness, & fan. Now they’re telling me it’s the transmission. Does this apply to me even though I’m not part of this lawsuit?

  • Suzanne Seiter August 28, 2013

    I have a 2004 Mini Cooper and have had it for two years. It currently has 125k miles and the transmission is shit. I had the transmission cooler replaced due to the terrific amount of oil that my car would leave everywhere I parked it. After paying that steep bill, I was told that my transmission is completely shot as well as the head gasket. I am in complete disbelief and am extremely angry that BMW made such an unreliable vehicle. I am not financially able to fix my Mini Cooper’s transmission so my car sits in the driveway. I am a teacher and have to find transportation every day to get to the school that I teach at. This is a freakin joke!

  • shaun August 29, 2013

    so how do we join in on the class action lawsuit?

  • Candei September 1, 2013

    Had to park Mini Cooper S convertible “06 after nearly crashing in freeway -transmission failing what a scary moment of my life and my family, biggest threat to end our lives, just want to give an opportunity to BMW MINI USA to rectify their serious mistake, wish to join the class action lawsuit for the transmission, $9000 estimated repair, rental car expenses, etc. include me in this please.

  • Candei September 1, 2013

    Had to park Mini Cooper S convertible “06 after nearly crashing in freeway -transmission failing what a scary moment of my life and my family, biggest threat to end our lives, just want to give an opportunity to BMW MINI USA to rectify their serious mistake, wish to join the class action lawsuit for the transmission, $9000 estimated repair, rental car expenses, etc. include me in this please.

  • Candei September 1, 2013

    Had to park Mini Cooper S convertible “06 after nearly crashing in freeway -transmission failing what a scary moment of my life and my family, biggest threat to end our lives, just want to give an opportunity to BMW MINI USA to rectify their serious mistake, wish to join the class action lawsuit for the transmission, $9000 estimated repair, rental car expenses, etc. include me in this please.

  • Chanda Millard September 3, 2013

    2005 Mini Cooper, automatic. replaced tranny once already..now working on replacing the second. I want in!

  • Luis A. Rodriguez September 6, 2013

    Can I be added to this class action lawsuit. I have a 2005 Mini Cooper S with CVT Auto Transmission.

  • katherina Garofalide September 11, 2013

    my transmission just went out. I have a mini cooper s 2006. 56k miles on it.

  • Maria Greenhouse September 12, 2013

    So how do I join the lawsuit? 2006 mini just went out.

  • Jeff September 16, 2013

    Are we all automatically a part of this long over due judgement or do we have to do something to get reimbursed? Fixed mine two years ago.

  • M. Gorman September 16, 2013

    I believe that the CVT transmission was discarded after 2005 or so which means that the proposed warranty extended to eight years would not cover any of the affected cars. Did I miss something? Mine is still running but had a problem that incapacitated it for a period of time. It will fail. What about those of us who know it’s coming?

  • Kristin September 17, 2013

    I purchased NON-S Mini Cooper in 2006 in CA & have had trouble with the transmission intermittently (e.g. won’t go into reverse to back out of parking space at times) although problems have not been ‘caught’ by the repair shop. HOW DO I GET INTO THE SUIT – I have recently moved to TX? At recommendation of a BMW insider who mentioned the KNOWN transmission defect, I opted for an extended warranty for appx $2000 which I would NEVER OTHERWISE HAVE DONE. How do I get my car fixed & cash in on the class action suit?

  • Jacqueline Burnett September 17, 2013

    I recently had to trade in my 2006 mini cooper S due to the failed transmission. The estimate I got from mini dealer to fix it was $8300.00. No warning lights because it is a sealed trans?! Therefore, I traded it in to FORD. Is it too late to be a part of the Class Action?

  • Tasha S. September 18, 2013

    My 2007 Cooper S’ transmission went out at 60k. Could I receive more information about this? Thank you.

  • Maria September 26, 2013

    I bought a 2005 mini brand new from dealer here in PA and at 53K the CVT died. I called Mini America and they goodwilled me CVT but I had to pay a boat load of money for labor which was not included. How can I get into this lawsuit? Mini America was really rude to me when I called them about the issue. I had the car fixed 12/10 and got rid of it. Mini USA told me they never heard of the problem and blah blah blah. I want my labor money back that I put out. I had to clean my savings out for it. Mini knew what they were doing and just said you drove the car too hard.

  • Jessica September 26, 2013

    My transmission started deteriorating around 100km.
    Any information that I can see points to the American lawsuits. Is there any information for how Canadians can pursue compensation?

    Thanks.

  • Ronny September 26, 2013

    I have a 2005 Mini Cooper,my transmission just went out, how do I join in on the class action lawsuit?

  • Elton Tippitt September 29, 2013

    My Mini cooper is still sitting up because of transmission problems right now. i have a 2003 cooper i spend 6500 dollars on it an a year later it is sitting up

  • Denise Roche October 2, 2013

    I need to find out how to get into the Mini Cooper Class Action suit. I have a 2003 mini cooper; transmission gone (and clutch also, but I believe this to be just about the transmission). At any rate, I would appreciate it, really appreciate it if you could tell me what to do to get into this class action. I live in Massachusetts.

    Many thanks
    Denise Roche denisevangogh@hotmail.com 774-773-9897

  • Edgar October 3, 2013

    I bought a preowned mini cooper not knowing these issues and now my transmission is out. I have a 2006 Mini and I hear it will cost over $5K to fix it. Can somebody help me. I am going nuts and thinking to dump the car at a loss. I paid cash for it and now I am in serious trouble.

    My name is Edgar Gonzalez and I can be reached at 972-765-8916. I would like to get into the class action lawsuit.

    Thanks to all, Really appreciated

  • Jesse October 4, 2013

    I have a 2003 mini which I’ve only had for about a year. I bought it at a dealership. I kept up on maintenance better than I did any other car I’ve owned. it was working great and then I’m about to get on the highway and boom game over. it wont engage its like I’m stuck in neutral.
    My name is Jesse Taylor and I would like to get into this class action lawsuit. I can be reached at 317-599-2834

  • Jeff October 7, 2013

    I have a 2006 Mini with a dead transmission. Please advise me how to join and become a member of the class action suit. Thank You

  • constance spivey October 8, 2013

    I live in New York City and I have a 2003 Mini Cooper with a dead standard transmission, how can I become a part of the suit? My car is sitting because I cannot sell it with a faulty transmission.

  • Mitchel Kolodziejcza October 11, 2013

    i have a 2002 Mini cooper with a bad tarns. How do I get on board with this?

  • Graciela Rodriguez October 14, 2013

    Have a mini Cooper with bad transmission ,i almost got into a car accident because a delay in the acceleration car is park in the garage till i can have money to get fix

  • Michael Wright October 16, 2013

    I live in the UK and have experienced this exact same problem (gear-box replacement) regarding my Automatic Mini Cooper (2004) which has only 22,600 miles on the clock and has been regularly serviced, via Mini main-dealers.
    BMW refuse to help in any way, they will not even make a contribution.
    I intend to explore the possibility of a class action here in the UK.

  • Anita Biondo October 21, 2013

    Please contact me when info. is available. Have an ’05 with transmission problems.

  • Heather Mercer October 21, 2013

    Please contact me with info on this Class Action to participate & receive claim forms. My transmission was replaced in 2009

    thank you

  • Suzy Barbosa October 24, 2013

    I have a 2002 Mini Cooper that had problems within the first 3,000 miles and it had to be reprogrammed at least twice while under warranty due to transmission shifting problems. I was the only owner and have all work sheets for every dealership visit. My mini finally gave out while driving at approximately 120,000 miles. I still have my mini parked in the backyard collecting dust. I would like to join the class action lawsuit please send me information on how I can submit a claim. Thanks!

  • Michelle Fernandez October 26, 2013

    2004 Mini CVT transmission just went out, please sign me up for the claim.

  • Andrew chan October 27, 2013

    I have a 2002 Mini Cooper 5 speed…..the transmission is dead…..please add my name in your list. I live in canada does it matter.

  • Maria Elinson October 30, 2013

    I have a 2006 Mini Cooper with a dead CVT transmission @ 103000 miles. Is there any way I can get some relief from this lawsuit? Add me to the growing list? I live in Massachusetts

  • Sarah Harby October 31, 2013

    What year vehicles is this lawsuit regarding? And is it for all of the US or only California? I have a 2007 Mini Cooper Hardtop with a failing transmission at 65k miles. Replacement was quoted at around 4-5k.

  • Suti Kula October 31, 2013

    2003 CVT R50. Failing transmission. Where can I get more information? 1-647-771-4163

  • Amanda Trojan November 1, 2013

    I have a 2005 Mini Cooper. After only 58,000 miles the transmission failed and had to be replaced. It not only cost thousands of dollars in repair but was in the garage for 2 months. A month after finally getting it repaired it is now in the shop once again to get repaired for the same reason. I’d like to be added to this list.

  • Jennah Cooper November 5, 2013

    Have taken flawless care of my adored 2005 Mini that I had hoped to drive for many more years, cannot imagine life without out it. It started making a “huming” noise, then leaving wet marks on the garage floor. Found out today it is not safe to drive – CVT Transmission has blown. It is still running, but advised not to drive. Informed to join this lawsuit, I have 140,000 miles on it. Shame on you BMW for hiding this info all these years! I paid 800 for “routine” transmission servicing last year to keep up with the maintenance. Found out today these are not even serviceable, curious what I paid you for! Judge make the right decision!!

  • IEVA SVABAITIENE November 5, 2013

    WE BOUGHT AT A SMALL DEALER. THE MINI COOPER MADE IN 2003 HAD 83000 MILES, TRANSMISSION STARTED TO MAKE WEIRD TICKLING SOUND AT 84000. MECHANIC SAID WE NEED A NEW TRANSMISSION, SINCE THIS IS NON REPAIRABLE CVT….
    PLEASE PUT US ON THE LIST at lawsuit. WE LIVE IN ILLINOIS

  • Paola Pl. November 13, 2013

    I’m currently dealing with this headache issue… My 2002 5 speed was having a acceleration problem and now the transmission does not work at all.

  • Durand Paul Knox November 16, 2013

    On 11/12/2013 my 2006 Mini Cooper transmission went out while my wife and I were on the highway, endangering our lives.
    Had it transported to the dealer in Arlington Texas. The next day I was told it needed a new transmission and would be 9200 dollars to replace it. Can not put 9200 dollars in a 5000 dollar car. Mileage was a little over 112,000. Was told I could get 1000 for trade in.

  • Dennis Bendixsen November 23, 2013

    I have a 2004 mini and have had some hesitation and some jerky acceleration in 1st. I would like to have the transmission replaced before there is a breakdown. will this law suite cover this issue? Walla Walla Wa.

  • Shelia Fosque November 24, 2013

    Ibrought mini cooper 06 I,am having problem with acceleration my warranty ran out would I be protested under this law suit.thank you Shelia Fosque

  • Mitch Thorneycroft January 22, 2014

    I brought a 2006 cooper 2 and a half years ago, has 65,000 km on it, which is nothing, and nearly a year ago i had big prob with the gearbox….so the poor car has jus been rotting in the shed……i can’t afford to front the cash for repairs!
    Prices are ridiculous just to pull the box out so they can find whats causing the problems, let alone the added cost’s to repair the piece of shit…!
    And I’m not even eligible for any of this due to the fact I’m in Australia….
    BMW just need to man up and claim responsibility for there bullshit mistakes, instead of the customer being out of pocket.

  • Ron Baker January 27, 2014

    I also have a nice 2003 mini with dead cvt trany. Was quoted $8500 to fix it. So this $5000 metal weight just sits in our garge. Any information would be appreciated.

  • Won Jeong March 5, 2014

    I have a 2003 Mini Cooper with 53,000 miles. My automatic transmission doesn’t shift on time and sometimes it starts at 6th gear. A dealer said i need replace the transmission and it would cost $10k.
    My car’s value is only around $7,000. I am highly interested in this lawsuit.

  • Joseph Ciudad March 5, 2014

    Bought my daughter a 2003 Mini Cooper for graduation. Was using it to get her back and forth to school before she graduated. Has 120+ miles. I bought it from a local dealership. Transmission will not let me shift into reverse or drive. Please put me on the list.

  • Jacque A March 6, 2014

    I have a 2007 Mini Cooper S Convertible with 71,000 miles on it. The automatic transmission has failed (not CVT) and I’m being quoted $11,500 by dealership to replace it and my car isn’t worth much more than that. (Meaning my car is essentially “totaled” with 71K miles on it!) I thought I read somewhere that the CVT class action lawsuit was being extended to include regular automatic transmissions. Has anyone heard about this? Should I apply to be included in this lawsuit?

  • Mohammed Rahal October 2, 2014

    I have a 2005 Mini and it has been sitting there for 6 months because the car won’t stay in fifth, Took it to dealer only to be told it needs a new transmission at a cost of over $10,000.
    I am completely disgusted in them for knowingly putting sub standard parts in the Mini.
    Count me in if this is still valid.
    Thanks

  • Miguel Renteria October 24, 2014

    I bought a used 2005 Mini Cooper S with an automatic transmission with 110k miles on it I barely got to drive it and now the transmission went out so my car is sitting in my garage i took my car to a mini cooper dealer for repairs, is Goint to cost me $10.500 dollars to fixed i will not pay that much money to fixed
    how can i get connected to this settlement.
    thanks for your help.

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