Defective BMW Navigation Class Action Lawsuit Gets Trimmed

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A class action lawsuit accusing BMW of North America LLC of failing to warn consumers about the faulty navigation system in its 2012 and 2013 vehicles survived a motion to dismiss by the company, but will continue without certain claims.

A New Jersey judge dismissed claims that BMW violated state fraud laws in the BMW Faulty Navigation System Class Action Lawsuit, but retained claims that BMW violated its express warranties.

Lead plaintiff, Karen Morris, filed the BMW class action lawsuit in August 2013, alleging that the optional BMW navigation system in certain vehicles is defective.

Morris claims she purchased a a new 2012 BMW 5 series car in August of 2012 and paid $1,800 for the BMW Navigation System Professional. Morris claims that she experienced persistent problems with her BMW Navigation System including that the system provided wrong addresses, directed her to the wrong locations, took lengthy and unnecessary detours and routes, and took her in the opposite direction.

According to Morris, when she brought her car in for repair, BMW employees verified the problem and found that other cars had similar issues, but they informed her that they had no way to repair the problem and suggested that she update the system with a 2014 map upgrade. Morris alleges that she requested a refund from BMW, but was told that the problem was caused by the map and was not an issue with the navigation system.

The BMW navigation class action lawsuit claims that Morris would not have paid for the optional navigation feature if she had been aware of the problems associated with it. Morris’ complaint claims she represents a class that includes current and former owners and lessees of 2012 and 2013 BMWs with navigation systems.

In a Feb. 21 order, Judge Jose L. Linares tossed Morris’ claims that BMW violated state fraud laws, noting “Plaintiff alleges—in a conclusory fashion—that certain unspecified ‘BMW representatives working in New Jersey and/or directly reporting to superiors situated in New Jersey’ made certain ‘representations and acts of concealment which are the subject of this lawsuit.'”

The judge continued, “[t]his statement is entirely conclusory and thus does not benefit from the presumption of truth,” and “Plaintiff does not allege what misrepresentation was made, when it was made, or by whom it was made.”

The judge further stated, “[a]bsent such factual content, the Court has no reasonable basis on which to infer that the representations and/or actions of omission by BMW that form the basis of Plaintiff’s claims emanated from the State of New Jersey,” and “Plaintiff does not allege where she was when she received those alleged misrepresentations … nor does she allege where, in particular, she acted in reliance upon the alleged misrepresentations by BMW.”

Judge Linares also trimmed Morris’ proposed Class, noting “Although Plaintiff purports to represent a sub-class of ‘[a]ll current and former owners and lessees of model year 2012 or 2013 BMW vehicles purchased or leased in the State of Nevada that came equipped with the BMW Navigation System Professional (‘Sub-Class’)’ … Plaintiff did not purchase her vehicle in the State of Nevada.”

The judge retained Morris’ claims that BMW breached express warranties and the more general class of people who purchased or leased 2012 and 2013 BMWs with navigation systems.

Morris will have until March 31, 2014, to file an amended complaint and address the deficiencies noted by Judge Linares.

Lead Plaintiff Karen Morris is represented by Natalie Finkelman Bennett, James C. Shah and Nathan C. Zipperian of Shepherd Finkelman Miller & Shah LLP.

The BMW Defective Navigation System Class Action Lawsuit case is Karen Morris, et al. v. BMW of North America LLC, Case No. 2:13-cv-04980, in the U.S. District Court for the District of New Jersey.