BMW Must Face Oil Guzzling Class Action

UPDATE 2:

• This case was dismissed April 15, 2021.

UPDATE:

• On March 19, 2020, a Colorado federal judge ruled that plaintiffs can proceed with a class action lawsuit over an alleged BMW engine defect that causes low oil levels.

A federal magistrate judge in Colorado has recommended that BMW of North America face a lawsuit brought by vehicle owners who claim that their cars consume an excessive amount of oil.

The plaintiffs say they purchased their BMWs between 2013 and 2015. They claim that, under the vehicle warranty, BMW told them that they would repair or replace any parts that were defective.

In addition, they allege that BMW made assurances that their cars did not have any workmanship defects.

The Magistrate’s report and recommendation states that each of the vehicles purchased by the plaintiffs held a twin-turbocharged engine called the N63, which is widely known to use up excessive amounts of engine oil.

To be sure, the judge’s report notes that the N63 engine was included in a 2015 Consumer Reports study on excessive oil consumption in vehicles. Also, the judge opines that BMW enthusiasts have complained about the N63 defect dating back to September 2011.

“After purchasing the subject vehicles, each Plaintiff observed that their engines consumed an excessive amount of engine oil, requiring oil changes well before BMW’s recommended oil change intervals throughout the warranty periods,” the judge’s opinion states.

The judge also writes that the oil consumption defect is dangerous because it can cause the engine to fail at any time while the vehicles are in motion, which would expose drivers and passengers to an accident and possibly injury.

“Each Plaintiff promptly and repeatedly complained to BMW’s authorized dealerships about the excessive engine oil consumption, but the dealers responded that the excessive oil consumption was normal and did not offer or recommend any repairs,” the magistrate judge writes.

In addition, the judge states that BMW issued a number of technical service bulletins to address the increase of complaints about the N63 engine. In December 2014, in response to the complaints about the allegedly defective engine, the defendant created the N63 Customer Care Package, which asked representatives to check numerous parts of the vehicle and recommended that vehicle owners alter their oil change intervals to 10,000 or one year from 15,000 or two years.

The judge writes that plaintiffs “have also been burdened with out-of-pocket expenses due to additional service visits and increased maintenance costs, and will suffer significant loss when they sell the subject vehicles due to the now-public research establishing the vehicles have an oil consumption defect.”

The plaintiffs filed their lawsuit in December 2018 alleging that BMW violated the breach of warranty under the Magnuson-Moss Warranty Act, breach of express warranty, breach of implied warranty, and violation under the Colorado Consumer Protection Act. They are seeking monetary damages and replacement or repair of their BMWs.

BMW settled a similar class action lawsuit in July 2018 by vehicle owners who claimed that the 2009-2014 BMW 5 series, 6 series, 7 series, X5, and X6 vehicles that were equipped with N63 engine that consumed an excessive amount of oil.

The plaintiffs in the current action had opted out of that class action settlement.

Do you own a BMW equipped with an N63 engine? Leave a message in the comments section below.

The plaintiffs are represented by Sergei Lemberg and Vlad Hirnyk of Lemberg Law LLC.

The BMW Engine Defect Class Action Lawsuit is O’Connor, et al. v. BMW of North America, et al., Case No. 1:18-cv-03190, in the U.S. District Court for the District of Colorado.

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