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Moscow, Russia - May 10, 2015: Blue car BMW 5 series E90/E91 Fast speed drive on city roadBMW can’t escape a proposed class action alleging the automaker concealed engine defects which caused excessive engine oil consumption in certain vehicles, according to a New Jersey federal judge.

U.S. District Judge Madeline Cox Arleo denied BMW’s motion to dismiss the case, stating that the automaker failed to show that BMW owners did not suffer “particular, concrete harm” from the alleged engine defects.

Siding with the plaintiffs, Judge Arleo ruled the vehicle owners sufficiently argued they suffered economic injuries in the form of diminished value of their cars as well out-of-pocket costs and inconvenience for repairs and replacement oil and parts.

“Plaintiffs have alleged injuries that have already occurred, as well as imminent future injury,” the judge wrote. “Accordingly, they have satisfied Article III’s injury in fact requirement.”

The class action lawsuit initially filed in September 2015 and later amended and consolidated in March, brings claims by eight named plaintiffs who seek to hold BMW accountable for allegedly concealing defects in the engines of certain BMW vehicles that shorten the vehicle’s battery life and cause increased oil consumption.

In 2008, BMW introduced the N63 engine, which it placed in certain 5 series, 6 series, 7 series, X5, and X6 vehicles models. Specifically, the class action alleges that the N63 was defectively designed or manufactured, causing vehicles to suffer from three serious defects: the burning-oil defect, the engine quality defect, and the battery defect.

According to the complaint, the burning oil defect causes the N63 engine to consume excessive amounts of engine oil, leading to the need for frequent oil changes “to prevent catastrophic engine damage or failure.”

The plaintiffs point to several sources of information that support BMW was aware or should have been aware of the excessive oil consumption in the N63 engine. In fact, a 2015 Consumer Reports study indicated that vehicles containing the N63 engine typically needed more oil between changes than other vehicles on the market.

This report, coupled with complaints lodged with the National Highway and Traffic Safety Administration and online consumer forums, highlight the alleged BMW engine defect, yet BMW offered little to no services to remedy the defect but instead sidestepped the defect issue by offering free oil changes and battery replacements.

The group also contends that the N63 engine vehicles suffer from premature battery failure. Specifically, the proximity of the turbochargers inside the engine “causes the additional accumulation of excessive heat” which requires the fans to run even after the engine is off, draining the battery.

In her ruling Thursday, Judge Arleo said that whether BMW’s actions in replacing batteries and putting oil in were sufficient to fulfill its warranty obligations cannot be determined at this stage and therefore dismissal would be premature.

This is not the first time BMW has faced allegations over excessive oil consumption with the N63 engine. In September 2015, a similar proposed class action lawsuit was brought by plaintiff Scott Crockett in Kansas federal court. The lawsuit also alleged that the N63 engine burns too much oil and has battery-drain problems. Crockett, who has since voluntarily requested to dismiss his case, alleges BMW took insufficient measures to remedy the N63 engine defect, only covering it up instead of fixing the problem.

The BMW owners are represented by Matthew D. Schelkopf of McCuneWright LLP.

The BMW Excessive Oil Consumption Class Action Lawsuit is Joon Bang v. BMW of North America LLC, et al., Case No. 2:15-cv-06945, in the U.S. District Court of New Jersey.

UPDATE: On October 25, 2017, the BMW Oil Consumption class action lawsuit was dismissed at the voluntary request of the plaintiff.

UPDATE 2: On May 4, 2018, BMW agreed to settle a class action lawsuit alleging the N63 engine in some of its vehicles caused excessive oil consumption.

UPDATE 3: The BMW Oil Consumption settlement website is now available.  Check out settlement details and get the link to file a claim here.

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15 thoughts onBMW Can’t Shake Excessive Engine Oil Consumption Defect Class Action

  1. John blair says:

    I just had my 2013 x5 x50i fixed by my local dealer in Wisconsin. It was consuming a oil and had a high battery discharge issue. .bmw payed for all repairs including a new battery so I’m happy with that as the bill was in the 12k range.this was out of warranty and with 66k on the odometer. .I’m assuming this was part of the lawsuit settlement?

  2. Ruthie Windsor says:

    ADD ME

  3. AMELIA LITTLE says:

    I am financing a 2008 750li that had smoke coming from the tail pipes 2 days after purchase I tried to return the vehicle and the dealership refused. Last year the engine seized up and today I’m in the process of changing the engine which cost $4800 just to find out that the transmission also needs to be replaced as well costing me another $3800 not to mention I still owe $11000 in finance payments and only have had the vehicle for 2 years 1 of which the vehicle was not working. Is there anyway you guys can help me please

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