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. khaled says:

    bought a 06 from bmw of sterling with 27k on it, transmission problem as everyone else. I received some type of paper asking me to fill it out and mail it. lets see what happens.

  2. Albert says:

    I just had my 2005 R53 changed. Why does this not cover the R53s?

  3. James Chesher says:

    So, what about those of us whose transmission has not yet failed but may (likely?) do so in the future?

    1. Aaron D. says:

      Mini Cooper should do a recall for all cars withing those production years. Those CVTs waiting to break should be replaced. KIA got faith in their vehicles offering 100k miles warranty. Mini Cooper just sells junk cars for a big profit.

  4. Carl says:

    2003 Mini Cooper (wife doesn’t drive much), CVT when out at 46,000 miles, pick of crap car! Cost over $6K to replace the CVT, sold it a year later, filing a claim to get some of my money back, I’ll NEVER buy a BMW/Mini EVER!

  5. Bob says:

    This settlement completely disregards the hundreds of CVT Minis that sit broken waiting for BMW to do the right thing. My 56K 2002 CVT was diagnosed 9 years and three months and sits broken left out in the cold.Shame on you BMW selling known Junk Transmissions to thousands of unsuspecting buyers and slithering out of your just responsibility. All any CVT victim ever wanted is for BMW to fix the car.Have the common decency to do so now,Please.

  6. Jeff says:

    Is there future protection/coverage for a CVT that has not failed yet?

  7. William Thorley says:

    Son and wife owned 2003 Mini. Transmission failed just under 75000 miles. Young married couple with limited resources to replace transmission. I paid off their loan. Now I own a red boom box. Never owned a car that had the transmission fail at 75000 miles. I expect a car to run well over 200000 miles these days. What do you have to say to that BMW? Please make it right.

  8. david hayward says:

    my mini is a 03 cooper, my transmission has been going out when i hit 100,000 miles i now have 100,800, and i can not afford to replace it, my question is if i take my car to a dealer, will they fix it for free.

  9. George Main says:

    I bought a 06 from a dealer the first of the year. the problems did not appear during the test drive but on the way home I found out about the shifting issues. The dealer had me sign a form that I would not sue him if I had problems. I have not fixed it yet as they quoted 9k to replace the tranny. am I covered under this suite?

  10. Edgar Gonzalez says:

    I bought one of these cars a few months ago and I am having trouble with my transmission. Can anybody tell me how to get in this lawsuit claim. This is totally unfair. I have a 2006 Mini S.

    Regards,
    Edgar

    1. JOE ORTA says:

      2006 mini cooper wiil not move it was all sudden thin just stop running. I shift to drive and it wont move

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