Brigette Honaker  |  May 23, 2019

Category: Auto News

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BMW logo on a vehicleA recent class action lawsuit claims that certain BMW engines are plagued with an oil burning defect, similar to older models.

The defect allegedly affects N63 model engines and causes the vehicles to consume excess amounts of engine oil with regular use.

This means that consumers are reportedly forced to regularly refill the oil in their vehicles in addition to taking the cars in for regular oil changes.

According to the BMW class action, the defect is found in several iterations of the N63 engine including the N63TU.

“BMW has known about this for many years, and in fact faced a prior class action concerning earlier model cars equipped with N63 engines, which is the predecessor of the N63TU. BMW never fixed the defect, which continues to plague the class vehicles at issue in this action,” the BMW class action lawsuit claims.

Plaintiff Thomas Isley allegedly experienced the issue with his 2015 BMW X5 xDrive50i. The vehicle was originally equipped with the defective N63TU engine, but BMW replaced this engine with the N63 after the vehicle continually burned through oil.

Despite paying for the engine replacement out-of-pocket, Isley allegedly continues to suffer from the oil burning defect – meaning he needs to routinely add six to eight quarts of engine oil in between oil changes.

Isley claims that BMW knew that the oil burning defect plagued the N63 engines, but concealed the issue from consumers.

The original N63 was released in 2008, but a May 2013 technical bulletin released to technicians reportedly showed that BMW was aware of the oil consumption complaints. Since then, each new version of the N63 engine allegedly experiences the oil burning defect.

“BMW has attempted to mask the oil consumption defect until the expiration of the new vehicle limited warranty by characterizing the excessive oil consumption as ‘normal’ and further instructing service representatives and owners to overfill the class vehicles with engine oil,” Isley argues.

Isley seeks to represent a Class of consumers who purchased, leased, or own a 2012 to present BMW automobile equipped with any variant of the N63TU engine, including certain model years of the BMW 5 Series, 6 Series, 7 Series, X5, and X6.

If the court chooses not to certify the nationwide Class, Isley proposes to represent three statewide Classes of the same consumers from certain states.

The first multi-state Class would include consumers from California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and Washington. The other two Classes would include consumers from New Jersey and Tennessee, respectively.

The BMW oil class action lawsuit seeks declaratory relief, injunctive relief, restitution, disgorgement, punitive damages, treble damages, exemplary damages, compensatory damages, statutory and civil penalties, court costs, and attorneys’ fees.

Isley and the proposed Class are represented by Frederick J. Klorczyk III and Joel D. Smith of Bursor & Fisher PA.

The BMW Oil Guzzling Class Action Lawsuit is Isley v. BMW of North America LLC, et al., Case No. 2:19­-cv-­12680, in the U.S. District Court for the District of New Jersey.

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74 thoughts onBMW Class Action Alleges Oil Burning Defect

  1. Corey Mckinlay says:

    I have a 2015 bmw x5 50i m sport and I have also the same oil consumption problem and I live in alberta canada is this class action only in the US?

  2. John Chizik says:

    I have a 2013 bmw 550i seems like the turbo went out . Over 8k in repairs and 119,000 miles on it. Any lead of direction?

  3. Ronald Klyn says:

    I have a 2012 750 il and it burns a quart about every 750 miles…its been doing it since about 50k miles or so….just shameful a car of this price range suffers from engine problems like this.

  4. Bob Arnold says:

    We too have a 2016 X5 50i that burns oil excessively. BMW continues to state that is well within the allowance which is BS. Would love to get on this, even if it is just to get BMW to admit it and correct it.

    1. Resa says:

      I have a 2014 x6 50i that burns oil excessively. I am adding 1qt every 300 miles. The fumes are so bad that I have made a pulmonary appointment to make sure it hasn’t cause damage to my lungs. My car is now at the BMW service department after a white cloud of smoke came out my tail pipe and a reading came across the dash “ Engine Malfunction loosing pressure.” I just received a phone call stating that my engine will have to be replaced after the Oil Defect Test was made. However, I would have to pay 30% and BMW is paying 70% to put a new engine in my car. This is not fair at all. This is my second BMW and I am so disappointing. I will NEVER buy another BMW again.

  5. Michael Dempsey says:

    I have a 2016 650i x-drive that is also burning excessive oil. I have to add 2 quarts of oil about every 5,000 miles in between oil changes. The dealership says it is not part of the class action lawsuit and BMW will not do anything about the problem.

    Can I join the class action lawsuit or do you have any thoughts on what I should do at this point?

  6. Kimberly McGowin says:

    My 2007 335i bmw uses so much oil i have to add a quart about every other week Please help

  7. Mike says:

    Well I have a 2013 x5 50i that just had its valve stems replaced only 2 months ago and it’s going back to the shop today for smoke coming out of the tailpipe again. I asked what’s their plan this time, he couldn’t answer my question. Very frustrating.

  8. darrell coleman says:

    I had a 2013 BMW that I leased from bmw. The finance company was BMW I started to have problems from the start with the car falling dead. I got behind on payments so, the car was up for repo.

    I had the car towed to Stevens Creek BMW. Their the car was hit by a customers car. The dealership general manager Rex Patel refused to fix it. He then said He would fix it But never did. The car sat their at Stevens Creek for 14 days an Bmw say they never knew it was their, until I called to complain the Stevens Creek wouldn’t fix the damage.

    The car was repoed an taken 100 miles out from Stevens creek Bmw to Selena’s towing. When i filed bankruptcy to get the car back I sent Bmw roadside top get it. I was told by the tow driver that the car was in a field behind someones house. That the drive asked around an that no one had ever heard of the place an it was not a legal place to store a car under the law. I believe this is where the disabling device was put on the car. I had the car take to Monterrey BMW to have the engine repaired. The said they put a brand knew engine in the car. I got the car back I then sent the car to mountain view BMW to fix what was causing the car to turn off. It was some type of box. I drove the car all was fine. I got behind again it went up for repo.

    Bmw hired spotter, to follow me around. The Spotters disabled my car remotely. They did so while I was driving an put me In danger many time. I believe that by them logging in to the car disabling it cause the engine to go out, because the same codes from the engine diagnostic i had done start to come back when they started disabling it. I call BMW north America they say that they don’t put those type of services on their cars the finance company say they don’t either an the dealer said they didn’t either.

    I called police many time for help to find out who these car where following me disabling my car. The cars would always drive off when i called the police. so then So then when i filed bankruptcy again to get them to stop an to get caught up with payments. The people following me disabling the car would disable it to keep me from work an from court an would leave the car disabled on days when i had a court deadline til the courts close then the car would start.

    The night that the car was taken from me the repo company disabled the car as i was driving up hill I called the police. Police came told me that it was not my car said it was coming back as a truck i told he was a lair that i had called the police so many times that I knew what it came back as plus it was my car an i had the paper work. The police pushed the car into a red zone then said if i didn’t move the car when he came back that he was going top tow it off. I call BMW roadside they told me that they would tow the car but not if i went with the car I toild them that i was not going tolet my car oput of my site. So they refused tto tow the car. The polioce call an had the car towed. It was to go to polioce pound, but it never went to the police pound It went to Jose towing.

    When i called to fine the car i was given paper work at the city tow that said i owed $0 to get the car out. I got toJose towing an they said that the call for a tow was changed with a unknown caller saying customer requested a tow I never called them for a tow. I called the city tow because Jose towing would not honor the $0 tow an give me my car back. Their ws a car the same as mine but it was wreaked when i went to the tow court to let them know that Jose towing was not honoring the $0 release Officer Burgass kept telling me the car was in a wreak i said no she said yes an kept saying it then told me she couldnt help me. (I have video an pictures).

    The car was sold at action but, someone had vandlized the car an the auction listed the car as a car that did not run. this cause the car to be sold for $8900 a car that they still ws charging me $54000. i took pictures of the car an video of the car an it ran an started an the repo place that was hired to get it from Jose towing say that it was not damaged when it was in their care an the auction refuses to talk to me.

    The repo company ws also calling me an hacking my phones an socail media accounts. The hacked my computers an my cloud account an sent virus to my computers an phones tumb drives an they were deleting all traces of the calls hacking etc. When you look at the record on my phones an cloud accounts an computers emails etc you will see where they went in an deleted it. When i contact google an samsung they keep saying they can recover it an when it was happening i never could get in touch with them.

    I am asking if their is any thing within the law that can be done. If you look into what i am saying you will see where everything is connected to them getting the car from me.

  9. Steve Sinacore says:

    This issue started in the n62 and n62tu motors. Its a valve stem seal problem that plagues these motors including the n63 motor. Bmw just tells customers to rplace the stem seals or its a common issue and is normal. Ill never buy another v8 from bmw again.

  10. Wesley Taylor says:

    I bought a BMW 2011 X5 50i from CarMax. I had the car in and out of service ever since I have owned the car. CarMax extended warranty has paid for an complete upper end overhaul but still consuming 1 qt every 2 to 3 gas fill ups. Approximately 400 to 500 miles before adding an qt of oil. This N63 series engine has been a nightmare to maintain. I would like to see if my car falls under this class action lawsuit? I would love to get out from under this car and get a more reliable solution.

    1. Gohard75 says:

      It’s does !! Here’s the kicker if your car has over 125,000 miles on it they want fix it.. it’s sad!!

    2. Sean says:

      I got the same issue with my 2011/BMW/X6

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