BMW Hit With New Class Action Over Engine Defects

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A new class action alleges that multiple BMW automobiles had defective “turbochargers, high pressure fuel pumps, software affecting the turbo system, and/or waste gate mechanisms.” Rather than disclose these defects to BMW owners, BMW made the situation worse by installing new ECU software without owners’ knowledge or permission, according to the complaint.

The BMW ECU software class action lawsuit alleges that rather than fixing the problem with the turbochargers and other engine components, the new software “caused numerous problems and changes in the performance of the relevant vehicles, including problems with ‘turbo lag’ (dangerously acceleration delays), going into a ‘limp mode’ (sudden loss of power), decreased gas mileage, and decreased performance.”

These alleged problems caused many BMW owners to incur damages, “with numerous unfruitful service visits, extended periods of loss of uses, and by obtaining an aftermarket ECU flash update that effectively cost thousands of dollars in out-of-pocket expenses and voided the BMW warranty.”

The vehicles affected by the engine defect and the unwanted software update include the 135i, 335i, 335xi, 535i, 535xi, XS, X6, and Z4 sDrive 3.Si models equipped with N54 3.0 liter twin turbo inline-6 engines from the years 2007-2011. Owners of these vehicles often “experienced problems with loud raffling, cracking, or clanking noises under the hood, cranking times, power failures, and other issues that required service visits,” according to the class action lawsuit. BMW initially denied that there was any engine defect, then pushed out the ECU software update to essentially “de-tune” the engine “to mask the underlying problems.”

Plaintiff Shawn McCullers states that he purchased a BMW 535i from an authorized dealership in Decatur, Georgia in 2013.  “Plaintiff was steered by the salesman to this vehicle expressly because it had a turbo in this model, despite the foreknowledge that it had defects that made it dangerous and potentially deadly,” the complaint claims.

McCullers alleges that in the less than three years he owned the vehicle, he has taken it into the BMW repair shop 21 times to deal with “problems with hesitation, rough idling, shaking, reduced engine power and ultimately smoke filling the interior compartment of the vehicle through the vent system.”

The BMW ECU software class action lawsuit seeks to create a Class of all current and former owners and lessees of any of the problematic BMW vehicles sold or leased in the State of Georgia. The class action is asking for damages for all Class Members, as well as an order making BMW recall and buy back the defective vehicles.

This is not the only class action lawsuit BMW is facing over its twin turbo engines. In March of 2015, a class action was filed in New Jersey alleging that BMW’s marketing of its “Twin Power Turbo” engines is fraudulent, because the engines actually contain only a single turbocharger.

McCullers is represented by Sean R. Campbell of The Champion Law Group, LLC.

The BMW ECU Software Defect Class Action Lawsuit is Shawn B. McCullers v. BMW of North America LLC, et al., Case No. 1:16-cv-00767, in the U.S. District Court for the Northern District of Georgia.

UPDATE: On April 15, 2016, a BMW dealership in Georgia told a federal court that this proposed class action lawsuit must be dealt with via arbitration due to the contract terms signed by the vehicle owner upon purchase.