TopClassActions  |  November 25, 2013

Category: Closed Class Actions

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Mini Cooper transmission defect class action settlement

BMW of North America LLC has agreed to settle a class action lawsuit over allegations that it failed to disclose that certain MINI Cooper vehicles had transmission defects. If you have leased or owned a 2002-2006 MINI Hardtop or 2005-2008 MINI Convertible, you may be entitled to recover thousands of dollars or a reimbursement for out-of-pocket expenses you incurred for replacing or repairing the transmission.

This MINI Cooper settlement will resolve three class action lawsuits (Aarons v. BMW of North America LLC, Bourne-Miller v. BMW of North America LLC, and Bonomo v. BMW of North America LLC) that allege BMW engaged in unfair and deceptive conduct, was unjustly enriched, and breached express and implied warranties by failing to disclose that certain MINI vehicles equipped with Continuously Variable Automatic Transmissions (“CVT”) are defective and subject to premature transmission failure.

BMW denies the allegations but has agreed to provide refunds to consumers under a class action settlement that was preliminarily approved on Aug. 5, 2013.

Who’s Eligible

Class Members of the MINI Cooper settlement include all current and former owners and lessees within the United States of the following vehicles equipped with a CVT:

  • 2002 through 2006 model year MINI Cooper (R50) (produced June 11, 2001 through Nov. 28, 2006); and
  • 2005 through 2008 model year MINI Convertible (R52) (produced March 6, 2004 through July 31, 2008).
Potential Award

Class Members may be eligible for reimbursement of qualified out-of-pocket expenses incurred when replacing or repairing a CVT at an authorized MINI or BMW dealership or a third-party repair facility. The amount will be based on the time and mileage at the time of each repair/replacement.

Under the terms of the class action settlement, Class Members who had the CVT repaired or replaced at a MINI or BMW dealership will have a 3 year/500,000 mile parts warranty, inclusive of labor, from the date/mileage of the repair/replacement.

Class Members who sold their vehicle for $4,000 or less without repairing the CVT may be eligible to receive between $1,000 and $2,000.

Proof of Purchase

The only way to receive payment from the MINI Cooper class action settlement is to submit a Claim Form and required documentation online or by mail postmarked no later than April 2, 2014.

Address to submit a claim form (REQUIRED):

Aarons v. BMW of North America LLC
Claims Administrator
P.O. Box 43192
Providence, RI 02940-3912

Claims must be postmarked by: 4/2/14

Claim Form Deadline

4/2/2014

Case Name

Aarons, et al. v. BMW of North America LLC, Case No. 2:11-cv-07667-PSG-CW, in the U.S. District Court for the Central District of California.

Final Hearing

4/28/2014

Settlement Website

www.MiniCVTSettlement.com

 

 

Claims Administrator

Aarons v. BMW of North America, LLC
P.O. Box 43192
Providence, RI 02940-3192

Class Counsel

HARKE CLASBY & BUSHMAN LLP
ASTIAGARRAGA DAVIS MULLINS & GROSSMAN PA
LAWRANCE A. CAPLAN PA
BLOOD HURST & O’REARDON LLP
BARON & BUDD PC
SEEGER WEISS LLP
WASSERMAN COMDEN CASSELMAN & ESENSTEN LLP
MAZIE SLATER KATZ & FREEMAN LLC
STRATEGIC LEGAL PRACTICES APC
CAPSTONE LAW APC
INITIATIVE LEGAL GROUP APC

Defense Counsel

Eric Y. Kizirian Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP

UPDATE: 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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133 thoughts onMINI Cooper Class Action Lawsuit Settlement

  1. Karrigan R Gale says:

    I bought a 2006 mini cooper S on Monday. Less than 20 minutes after i get it off the dealer lot the transmission starts failing. I wish i had known about this before I bought it or at the very least the dealer had told me this was an issue. Now im stuck with a car im lucky i made home with and no more money to fix the thing. This is ridiculous.

    1. Rick says:

      Same thing here 2005 mini 90k miles transmission just went out

  2. Faron Reed says:

    My wife has a 2006 convertible. Just bought a 2007 convertible for my daughter and drove it home. One hundred miles down the road and the transmission starts to clunk and jerk into gear upon acceleration and deceleration. Only 66,000 miles, How can we get these fixed by Mini/BMW. These are not maintenance-free transmissions.

    1. John says:

      buy a refurbished valve body for the tf60sn aisin trans. The solenoids wear at the bore and lose pressure causing slipping between shifts. this is a well documented condition that can be repaired without removing the transmission.

  3. Maria says:

    Bought a 2005 Mini Cooper with low miles and the f”*^N transmission went. Its not worth fixing. How can it be too late? BMW should have a record of what serialnumbers were replaced . What did yoy all end up doing ?

  4. David Adkins says:

    Same here, took my mini to the shop and nobody said anything about a class action, mine is sitting in the garage waiting for the day I can afford to fix it. Been told two different things, one was valve body was bad and another was the trans and valve body was bad and if you changed the valve body and the trans was bad it would ruin the valve body. Who do you believe?

  5. JOSEPH MARIANO says:

    Is the mini cooper class action over I have a 2002 with a trany problem and the car has 58, 000 miles only.

  6. Kathy Plant says:

    I’m chiming in with the other folks here. I have a 2005 that started making this horrendous loud noise. I took it to the transmission shop and they told me it needed to be replaced immediately or it would cause an accident if locked up. I have been searching for parts or anything to help me get this car back on the road after being down for 2 months. I know this class action suit has been closed, but is there someplace else to get reimbursed for this problem?

  7. Robert metts says:

    Can anybody tell me how can I file a claim on a mini cooper?the web site no available any more?

    1. Nilesh Kishore says:

      I have 2003 mini cooper with 87k miles with bad trans. Can anyone tell me if i still can file a claim?

  8. Debby J Stockton says:

    I bought a used 2006 Mini Cooper S and the dealer told me nothing about this problem or class action suit.

    I have already put about $5000 into it and I’m not going to put any more if this is a BMW fault.

    What do I need to do to get in on this class action suit? I hope I am not too late since I just bought it and I’m in the same boat as everyone else.

    Looking forward to hearing from you.

    Thanx

    1. Top Class Actions says:

      The settlement website is no longer active. You’ll need to contact class counsel with your questions. Counsel is listed in this article and can be Googled for contact information.

  9. Cheryl Carlstrom says:

    I am also in the same boat. The dealership didn’t even mention that this is a documented issue!

    1. H.A. says:

      Same. We currently have the gear reading EP instead of D. Our Mini is not worth as much as a new transmission would cost.

      1. Jim says:

        I bought a 2007 Mini Cooper Convertible the tranny revs up and then grabs is there anything that I can do at this stage it has a hundred and 21000 miles 121000 miles

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