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. Nathan Vedder says:

    I have had a Used 03 mini cooper hard top since February. Bought it with only 37k on it. Since then i have put 10k on it myself and all of the sudden CVT gave out. When i was buying the car i was asking the dealer if it was usual for a car to jump when it first went into gear. He said there was nothing wrong with it. I was a first time car buyer and a recent college grad. So I tried to do my best to get the best deal and make sure everything was ok. Luckily the car went out while it was still under the extended warranty however i really cant afford the $800.00 out of pocket let alone the possible 5k it would have been if it had gone out a 1000 miles more. Was wondering if anyone has actually settled with BMW when they offered a 50/50 pay out and how i might go about doing that. Since i figured it was already to late for the Class Action Lawsuit?

    1. CARLOS PECH says:

      My mini 2005 just started to fail .have 10000 milles can i go to bmw to fix it for free? Or who do i call or contact in bay area.

  2. Francisco Lopez says:

    I bought a mini cooper last year with only 60,000 miles and the transmission gave up last week. Do I have any recall to have this transmission fixed?

  3. Jackie says:

    I purchased my Mini Cooper in 2003 with the auto transmission and it currently has 84K miles, drove about 6000 miles a year to go to groceries!The Mini transmission started to slip and I just found out about this class action suit against Mini Cooper. I never received any recall letter or anything about the transmission class action suit. How can I missed the deadline if I was never informed about the deadline? Please can someone help me on how to proceed.The car needs to be repaired , and BMW North America has totally misrepresented the mini Cooper to all of us who trusted and purchased Mini Coopers!! I wanted to save $ money for the great mileage it has, but now.. What kind of SAVINGS is this?? Please help. Thank you in advance.

  4. junior borges says:

    I also have a 2006 mini cooper hard top, have it for the passed five years and have only have the usual problems until last month when my transmission feels like is slipping and goes forward but very slowly. Havent have time to take to the dealership since just had a baby and wife is not driving, so I’m using her infinity g35. I love my mini, just got a 2nd recall on for the passenger seat mat, will take to mini dealer and talk to those folks and tell you how everything goes about the transmission.Hopefully Im lucky enough to get this problem solve…..stay put!

  5. Paula Sturgis says:

    I have a 2006 Mini Hardtop R50 with Automatic Transmission. My RPM gauge will rev way above what it should. Had to take to Mini of Annapolis for repair. Cost 250.00, I paid and was told it will more than most likely do that over and over at 250.00 for each repair of the same problem. Kinda makes you scratch your head.???? Second my sunroof drain plugged and the line defaults inside the car on the passenger side which damaged the headliner, carpet and computer disc drive under passenger seat. Insurance paid over 3000.00 for repair and I had to pay a 500.00 comprehensive deductible. Why should my insurance pay for the stupidly of the engineer who design a drain line to drain inside a car?? On top of that because the disc drive was new it would not accept my navigation disc from 2006 and they then charged my insurance company another 1100.00 for a 2011 upgraded navigation disc. Now I’m well over 4000.00 in repairs that should not have happened. No wonder insurance companies are going broke. Now my fuel indicator lights and approx. miles left before fueling up do not work. Also I recently got a recall on a passenger airbag issue. My rain sensor wipers do not sense the rain. The kicker is this car looks perfect, garage kept and again it’s a 2006 with only 55,000 miles. Sad, sad piece of garbage BMW. My friend bought a Kia, has over 200,000 miles and never had a problem. Guess I should have bought a Kia. I’m disabled on Social Security and don’t have the finances to repair this car. I trusted a name because from my understanding was an awesome company but now I see that is not true. If anyone can help me I would grately appreciate it. Maybe someone can open a gofundme account on my behalf to help me. There is no way I can afford all repairs needed. My name is Paula Sturgis and you may contact me via email psturgis19966@yahoo.com. Please help as I need a car for all of my doctors appointments. Maybe Mini would be willing to put me in a new car since mine is junk even though I took such good care of my car. Cmon Mini do the right thing for this 51 year old disabled woman.

  6. Lisa.T says:

    I’m disappointed in the lawyers that went after Mini there are so many people out there that were cheated by Mini Cooper … Guy’s ,you sold out I’m afraid It’s going to take a death for anything to really happen…sub-standard materials and engineering is the real problem .Having to remove the whole engine for standard transmission maintanince is a horrific design flaw.

  7. Ana says:

    I got my transmission in my 2007 Mini Cooper S replaced last September and was quoted $8,500 not including labor. Labor was $1,700. The part was paid for, but I paid out of pocket for labor. Is there any way I can get that labor money back, or is it just a lost cause?

  8. Nicole says:

    My Mini 2008 experienced CVT failure after June 201. My Mini has been sitting broken in my garage because I cannot afford to fix the transmission (and struts that blew at the same time). I submitted a claim for [reimbursement], but I cant afford to fix the car until I find out if Mini can in fact reimburse me. Still okay to submit a claim for [reimbursement for repairs at mini dealership]? There isnt an option for my exact circumstance?

  9. Everardo says:

    2005 minI, 125k miles transmission suddenly failed, no traction in any direction, in the middle of a busy avenue during rush hour, luckily no accident. Mini offered 50% of costs to repair it, but my 50% is $5000.00, the car in running condition is less than $5000.00, so I declined their offer. lets get together to make miniusa to pay for the low quality transmission failures and fix our Mini Cooper cars.

  10. Garrett says:

    I was unaware of all of this, I bought my 2004 mini with 50,000 miles on it less than a month later I had a hard time getting my car to shift out of first gear. I bought the car for 7,000 dollars it will cost almost that to fix the CVT. I was in contact with BMW of north america long story short they could not help me. Why wont Mini just do a recall? It is a obvious issue across the board that could lead to a terrible car crash.

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