BMW Class Action Alleges Oil Burning Defect

A 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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