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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
I bought a 2006 Mini Cooper with 67,000 miles.I just took it to the garage and I was informed that the transmission is shot. Is there any way I can get something from BMW to help cover a new transmission? A new transmission is going to cost me over $6,000.
I am experiencing same problems with my 2005 mini cooper s convertible. I bought it through Craigslist on jan 2015. It currently has 77k miles. I have not brought it to the dealer but I am 99% sure they will advise to have the transmission replaced based on my research. I will report it to nhtsa.gov as suggested by S Carr on 04/15/16. In the meantime, I don’t know what to do as of yet. I am very frustrated.
I too have a 2007 Mini S Convertible with only 59,477 miles on it and the transmission is slipping and shifting hard. My car is just over the 8 year mark and has way less miles on it than your normal 2007 vehicle. This is not right for BMW of America, LLC to not have recalled these faulty transmissions. I live in Alaska and have started the battle with BMW of Anchorage, the only Mini dealership in Alaska. I have called several times and left several messages and I finally got a call back when I emailed BMW of America, LLC. Waiting now to hear from Service Department Manager. I will keep fighting I paid good money for my Mini and I expect BMW of America, LLC to stand up for there product.
Can you tell me how to file this same complaint but for in Canada. My 2006 mini is experiencing the same problems as noted by others above and will cost $6000 to fix.
I have a 2004 mini and I need help with my transmission problems. Nice car just doesn’t automatically shift right
Same story as so many above. Maybe if we all park them in the street with a sign saying Tranny problems, never buy a mini
My 2005 Mini CVT starting to show RPM way too high it mean transmission will be out very soon !!! when we will have another class action again? or recall? anybody?
My daughter just bought a 2006 Mini Cooper S through Craigslist that has 85,000 miles. It was fine when test driving but after right after she bought it the gear shifted to neutral at a certain speed. Tried to call back the seller and of course didn’t answer his phone. May try claiming in small claims court against this seller. Luckily purchased an extended warranty but have to wait to kick in. Anyway wish we would have read this Cvt problems before buying. So, can I still file a claim with this lawsuit. If so how?
I+have+a+manual+transmission+too.+SO,+lets+start+a+class+action+on+this+manual+transmission.+My+2006+convertible+(Non-S)+has+just+over+101,000+miles.
Just purchased a 2005 Mini Cooper used automatic for my 18 year old daughter less than 4 months ago with only 78,000 miles on it. It stop shifting gears after 30mph and revs up to 6,000 rpg (I might be saying this wrong). Anyways, brought it in to get looked at and was told that i needed to get a transmission rebuilt. Googled the problems and found all the sites about mini problems and the class action lawsuit that I missed out on. Contacted BMW but they refuse to do anything about it. This is crazy. We have 2 coopers and 1 died already. This is happening to hundreds of people and nothing can be done. I am submitting a report to the national highway safety. I suggest everyone who is having the same problem to do the same to force bmw to recall the cvt engine. The car is driveable but after 30 miles, Im scared its going to just working in the middle of traffic. BMW is currently on my S*List. http://www.nhtsa.gov/