BMW ‘TwinPower Turbo’ Deceptive, Class Action Lawsuit Says

On Friday, March 13, BMW of North America LLC was hit with a class action lawsuit accusing the company of deceiving consumers by marketing vehicles as “TwinPower Turbo” engines when they are allegedly only single-turbocharger engines.

Lead plaintiff, California resident Deepkarn Singh Bedi, alleges that in late 2012 he researched and decided to lease a new BMW 335i. According to the BMW class action lawsuit, the dealership’s advertising as well as information on the internet indicated that the car had “TwinPower Turbo” engines, which the plaintiff thought were the more powerful Twin Turbo engines. Bedi claims he later discovered that BMW uses the term “TwinPower Turbo” for both actual twin turbo engines and single turbo engines interchangeably.

“Twin-turbo engines are objectively superior to single-turbo engines,” the BMW class action lawsuit alleges. “Conventional driving tests can measure this superior performance. For example, twin-turbo engines boast reduced turbo lag, superior throttle response, smoother delivery of power and torque, and greater ease of tuning.”

“Because a twin-turbo engine is significantly better than a single-turbo engine, twin-turbo engines are particularly prestigious and sought after, thereby commanding a price premium relative to non-twin-turbo vehicles,” the BMW class action lawsuit continues. “BMW’s actions demonstrate the importance of twin-turbocharging in establishing brand prestige and performance, so as to command a price premium. Had it been otherwise, BMW would have more routinely employed single-turbo engines in place of the twin turbos.”

According to the class action lawsuit, BMW began using the term “TwinPower Turbo” to market its less powerful models that relied on twin scrolling. “In developing the single-turbo N55 engine to replace the twin-turbo N54, BMW faced a marketing problem stemming from the loss of a turbo, and a deviation from the proud heritage of the N54,” Bedi alleges. “Because the N55 might be perceived as a downgrade from the N54 (going from a twin turbo to a single turbo), BMW described the False Twin N55 engine, and vehicles with the same, as ‘TwinPower Turbo.’ In doing so, BMW relied on the cachet associated with the twin-turbo N54.”

Both the plaintiff and other BMW purchasers believed the term “TwinPower Turbo” meant the vehicles they purchased contained the more powerful twin turbo engine, rather than the single turbo engine, according to the BMW class action lawsuit. The BMW models that contain single turbo engines but are referenced as “TwinPower Turbo” include all N55 and N20 variants manufactured from 2012 until the present.

Bedi claims that BMW’s “TwinPower Turbo” marketing violates state law in California and New Jersey. He accuses BMW of fraud and unjust enrichment. He is seeking an injunction against BMW as well as damages for himself and a nationwide Class of consumers.

Bedi is represented by Natalie Finkelman Bennett, James C. Shah, and Nathan C. Zipperian of Shepard Finkelman Miller & Shah LLP.

The BMW “TwinPower Turbo” Class Action Lawsuit is Bedi v. BMW of North America LLC, Case No. 2:15-cv-01898, in U.S. District Court for the District of New Jersey.

UPDATE: The BMW TwinPower Turbo class action lawsuit was dismissed on May 31, 2017.