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. Kevin S. says:

    Just got off the phone with local Mini Cooper dealship shop. My 2003 Mini Cooper is developing transmission issues.

    The filing deadline for the CAL closed 2014/04/02. How can I submit my repair bill to Cooper and participate in the CAL award/warranty extension. I purchased my Mini in 2010 and have not recieved notification of the CAL.

    Please help!

    Kevin S.

    1. Aaron D. says:

      MINI should have sent out a notification to all names in their database. It’s quick for them to send advertisement to my e-mail but never sent the necessary notice. Start another class action lawsuit!

      1. Aubrey says:

        I never got a notification on sent to my email, I had my CVT repaired once already and am about to take it in for a SECOND repair. Luckily it’s only the bands slipping so it’s not a ridiculously expensive repair but the fact that I will have had it repaired twice in less than three years is really unnerving. We need to start another lawsuit because this is ridiculous.

  2. Rafael Bautista says:

    I had expend $7,000.00 to replace the transmission for a 2005 Mini cooperS tipe

  3. Shelia Fosque says:

    I,am concern about my car because I,am on a fix income I can,t afford this promble I had file a claim I hope they paid for everyone car how can they away with this I hope I,am protected

  4. jimbo says:

    What’s going on with this settlement. I submitted a valid claim with my vin number. How can I find out if my claim got approved

    1. russell Langford says:

      my midland 5 speed manual went out in my 03 mini. The bearings in them are made out of such cheap metal that they cause transmission failure…Good news is if you can get your car to roadrunner motors in knoxville tn , they will rebuild the midland and put a another clutch in for 1700 dollars

  5. Cheryl Weisenburger says:

    I also have a 2006 MINI Cooper S in which the trans is starting to run rough. Will this settlement also include future trans failures such as I think mine is heading for? Possibly a recall to head-off future trans issues? I have all my maintenance receipts for work done on my car and have religiously brought it in for regular service, both routine or for repairs. This year was the most expensive for me with engine repairs and if I have to deal with the cost of replacing my trans I will not be able to afford the expense for that repair. Thanks for any info you can give me.

    1. Steve Picciano says:

      Cheryl, if you have a 2006, you only have a short period of time to have the trans fixed and get any re-imbursement at all. Very few people seem to have read the FAQ for this lawsuit, but if your car is a day over 8 years old, you will get no money from the lawsuit. The lawsuit basically only applies to people who had their transmissions replaced years ago and who kept their records. For those of us who held on to our cars, didn’t put a lot of miles on them and then, after 8 years, suffered transmission problems, we will get nothing. I just spent over $6,500 getting a new (used) transmission installed and because my car is over eight years in services, I’m not entitled to anything. Again, check out the FAQ to see where you land here. BMW should be ashamed of themselves. Find a good mechaninc, don’t trust the Mini Dealership. I made that mistake for too many years. I took my car in relgiously for years, and this week my mechanic showed my the shoddy way my transmission had been handled and serviced.

  6. Michelle says:

    I have an R53- 2005 Mini Cooper S and the transmission is just very rough to drive. I love my Mini Cooper it’s a really fun car but once the transmission started driving hard (once the car starts warming up this gears get harder to shift, when it finally shift it tugs bery hard. basically a head jerker) I was very disappointed. I bought the car to get me to work and school and I worked very hard to get this car and only drove it for no more then a year and a half and then this happened. Like I mentioned before I’m a college student and can’t afford to get this transmission fix for it is very expensive! I need and want to get this car fixed for it was meant to be driven not to just sit around in my driveway and just collect dust. If someone knows of a lawsuit for the R53 PLEASE let me know!

  7. Wesley Blackburn says:

    What about mini owners with manual transmission woes? My mini with manual transmission has given me trouble on more than one occasion. Recently I took it to a third party mechanic (after repairs seemed too expensive to service at the dealership) and was told that the transmission should be replaced because it was making a lot of noise. I have 101,000 miles.

    1. Tori T says:

      My manual transmission needs replaced also. It’s at 8 miles, still premature! Why aren’t manual transmissions included in this law suit!

      1. Tori T says:

        88 thousand miles, stupid auto correct!

  8. Mitch Thorneycroft says:

    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……
    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.

  9. JOE ORTA says:

    2006 mini will not move when putting it drive. They told I need another trannny

  10. micah says:

    What if you don’t have the money up-front to pay for a new CVT? Shouldn’t MINI just fix their mess!? I feel my car is getting worse and I’m afraid this issue with the transmission will eventually cause me to get into an accident! WTF, MINI!?

    1. Steve says:

      Micah, I’m in the same boat. I don’t necessarily have the monet to have the who transmission replaced, yet I’m concerned for my own saftey and others’ when I drive. I’ve decided in March I’m going to take it to the dealership and ask nicely if they’ll fix my transmission for $6,000 or less. My guess is they’ll laugh in my face. However, they would NEVER want their own family members driving in such an unsafe car.

      1. micah says:

        Good luck, Steve.

      2. Angel says:

        I know the feeling, I am in this situation right now. My car is a 2005 with 85,000 so the miles are ok for the suit but I am past the 8 year mark. Cheapest quote I have gotten for my tranny to be replaced is $7,000. My tranny just started going out about 3 weeks ago. Just my luck a day late and dollar short.

    2. Delvia Lastra says:

      Yes you should be upset. My 2003 is having CVT problems just this past month, and I don’t have the money to pay out of pocket at this time. And with an April 2nd deadline I suppose we are shit out of luck! Unfortunately i have put thousands of dollars towards this adorable little piece of —- and i am not a happy camper! For starters, the stirring pump failed. Haven’t been able to get a rebate on that so far, ran into red tape filing for that recall claim! That cost me $900 to replace. and I should have been reimbursed by now. Among other things the cooling system is faulty…. shall i go on…..well it has a nice sound system at best….

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