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. Raquan curry says:

    I bought a 2012 bmn 650i convertible last year. It really uses lots of oil. Please add me to lawsuit

  2. Scott says:

    I have a 550i xdrive 2011. I’m having problems with oil burning ? a lot more than what they said it would burn, I mean a lot. I have had this car for a little over 2 years and I have put 4 to 5 vacations into keeping it running. I’m talking about maybe 8 thousand. I still have almost three years left before it’s paid off. Go luck everyone I hope it works out for you.??

  3. donnell hassell says:

    i own a 2013 bmw x5 with problems….please send me more info on class action lawsuit and how to join.

  4. Lawrence Abrams says:

    Believe it was somewhere in 2014 I bought a certified BMW 650 i Xdrive convertible from BMW of Mount Laurel which had a list price of around $110,000 and purchase price of around $65,000. I bought it certified so BMW would be responsible for any flaws in the car and repair them.

    I had the car serviced at BMW of Manhattan and BMW of West Springfield, At no time did any of the service manager or anyone from BMNW USA contact me on inform me of the problems of the N 63 engine which is in my car.

    My car has been burning oil on furthermore I had to replace the fuel injectors and many other parts totaling $6,000. 8 months after replacing them at
    Bimmer, a repair shop specializing in BMW’s in Long Island City, NY I discover that these problems are common the BMW cars with my N 63 lemon of an engine
    and BMW wants to shirk its responsibility by not informing owners. I have the necessary documentation, should you be interested.

    Please let me know. They may have forgotten to alert certified owners but I did buy it under warrantee. I should have been notified. I hope I can be given the option of joining a class so BMW will not be able to duck its responsibility. Thank you.

  5. Jay Hylton says:

    I have a 2012 750i that burns oil. I was told bmw has a recall on the engines. Is there any truth to this?

  6. Darlene says:

    I have a 2013 650i with excessive oil usage that I have been told in writing that the engine uses” 1 quart of oil every 750-1000 miles” and that’s normal!! The cast only has 74,000 miles on it and BMW NA refuses to do any more than give me 15% on the repair costs or 1500.00 toward the purchase of a new car!!!

    Please let me know if I can be part of the class action suit. BMW needs to be held accountable.

  7. S. Baker-Smith says:

    I received a letter in the mail regarding a class action lawsuit with BMW, but have yet to hear back regarding the decision.

  8. Stephanie r Angell says:

    2013 528i xdrive- bought it from carmax 3.y years ago. Has been in and out of the shop 10 times. Bmw has had it torn apart for 3 weeks and warranty is refusing to cover it. They said its due to oil sludge. ive had 5 oil changes in 39k miles. Just had it flushed 5 months ago as well. The timing chain guide snapped and pieces got in me engine and caused it to die. In turn caused my battery to die. Is the class action lawsuit still going on?

  9. Nina Tarlton says:

    I just had my 2012 BMW X5 35i blow an engine with only 123,000. I serviced it regularly and had just had it serv8ced with an oile change two days before the engine blew. There were no warning lights prior to the engine locking down. Can I add my name to this suit?

  10. LaKisha says:

    I have a 2010 BMW 750i experiencing the oil burning issues and I am now told that I need to replace the engine. My vehicle has less than 100k miles on it and it is properly maintained. Does my vehicle meet the requirements of the class action lawsuit?

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