BMW Class Action Lawsuit Filed over i3 REx Range Extenders

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Another potential class action lawsuit was filed against BMW of North America by a leading auto defect law firm alleging faults in its i3 REx model.

Lead plaintiffs allege in their complaint that defects in BMW’s i3 REx cause the car to lose power unexpectedly. The startling power loss can cause the cars to operate at dangerously low speeds, say the plaintiffs.

“When BMW marketed and sold these vehicles, it knew exactly how to appeal to owners of electric cars: it sought to quell range anxiety, or the fear that the battery won’t last to the destination,” said Steve Berman, managing partner of Hagens Berman. “We believe that BMW exploited this fear and sold its REx models as a cure, when in fact it knew that this defect would leave drivers in dangerous situations, unable to maintain safe speeds in traffic.”

According to the class action lawsuit, BMW deceptively marketed the i3 as a “Range Extender” meant to turn on when the electric vehicles’ batteries reach a low charge of five percent or less. In actuality, the plaintiffs say that the i3 REx model Range Extenders suddenly decelerate the cars. The plaintiffs call this the “limp mode.” This mode can present problems for drivers in high speed freeway traffic, the lawsuit states.

“Drivers have recounted BMW’s Range Extender defect to us, calling it a dangerous ‘hazard,’” Berman added. “One driver experienced a sudden total inability to accelerate when attempting to pass another driver on a two-lane road with rolling hills. Another was going 65 mph in the carpool lane of a Los Angeles freeway when his speed suddenly dropped to 15 mph. Those are life-threatening situations no one should ever be placed in, and we think BMW should be held accountable for selling dangerous, faulty electric cars.”

Additionally, the plaintiffs allege that the Range Extender makes it difficult or impossible for i3 REx autos to climb hills when the car enters the mode.

“BMW’s deception resulted in very real injury to owners of the Affected Vehicles and to California residents,” claim the plaintiffs in their class action complaint. “By manufacturing and selling cars with defective Range Extenders, BMW defrauded its customers and engaged in unfair competition under state and federal law.”

The plaintiffs seek to represent a nationwide Class of i3 REx owners, along with subclasses in Idaho, Illinois, and Washington. According to the complaint, the plaintiffs also seek buyback, reimbursement for vehicle owners for the premium that they paid for a Range Extender, over the cost of the same model without one, as well as compensation based on any “fix” and extended warranties that will go unused. In addition, attorneys are seeking punitive damages for BMW’s fraud that put drivers at risk.

A similar class action was filed against BMW over the same range extenders earlier this month.

The plaintiffs are represented by Steve W. Berman, Thomas E. Loeser, Jessica Thompson, and Lee M. Gordon of Hagens Berman Sobol Shapiro LLP.

The BMW i3 REx Range Extender Class Action Lawsuit is Rollolazo, et al. v. BMW of North America LLC, et al., Case No. 8:16-cv-00966, in the U.S. District Court for the Central District of California, Southern Division.