BMW Class Action Says Range Extender Causes Big Power Loss

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

A man from California is suing BMW over a newer line of electric cars, saying they suffer from a dramatic drop in speed and power when the battery charge gets low.

Plaintiff Edo Tsoar says that cars in BMW’s electric-powered i3 REx line from 2014 to 2016 have a flaw related to their optional “range extender,” a mechanism designed to extend the battery’s charge. According to BMW advertisements, the range extender is a two-cylinder gasoline motor that doesn’t directly power the car but instead generates electricity to supplement the battery’s charge when it gets low. The range extender reportedly increases the vehicle’s range from 81 to 150 miles per charge.

In his BMW class action lawsuit, Tsoar claims that while the range extender is running, the vehicle can’t maintain the speed of normal operation. He says that when the range extender activates while the vehicle is traveling uphill or carrying several passengers, “the speed of the vehicle will suddenly and rapidly decrease, without warning.”

Tsoar says that while he was driving his leased 2015 BMW i3 REx on an uphill grade one afternoon, the car suddenly lost power. It allegedly lost so much speed that Tsoar could not keep up with the rest of traffic and had to pull over to the right to slowly roll home.

After that incident, Tsoar says his BMW lost power similarly on several more occasions. The power loss always occurred when the battery charge was at or below five percent, the range extender was running, and the driving conditions required more power, he says.

Tsoar says when he brought the problem to a BMW dealer’s attention, the dealer refused to let him return the car but instead suggested Tsoar should change his driving habits.

But Tsoar claims he found many online reviews that described a similar experience with the BMW range extender-equipped i3. Both consumers and professional car reviewers like Consumer Reports reportedly described similar losses of power at the low end of the battery’s charge. He also found several similar complaints filed with the National Highway Traffic Administration.

Tsoar argues that both he and the members of the proposed Class paid a premium for the range extender-equipped with i3, a premium they would never have paid had they known the vehicles would fail to perform as needed due to a sudden loss of power.

Tsoar’s proposed nationwide Class would represent all persons in the U.S. who purchased or leased a BMW i3 REx from model years 2014 to 2016. He also proposes a subclass to represent those Class Members who live in California.

This BMW class action lawsuit seeks a court order requiring BMW to cease any allegedly “unlawful, unfair and/or deceptive business acts or practices” and requiring the company to conduct a corrective advertising campaign. Tsoar also seeks a monetary award including punitive damages, restitution, and disgorgement of profits, plus reimbursement of attorneys’ fees and court costs.

Tsoar is represented by Jonathan A. Michaels, Kathryn J. Harvey, and Kristen R. Rodriguez of MLG Automotive Law APLC.

The BMW Power Loss Class Action Lawsuit is Edo Tsoar v. BMW of North America LLC, Case No. 2:16-cv-03386, in the U.S. District Court for the Central District of California.