BMW Emissions Class Action Lawsuit Alleges Software Allowed Cars to Cheat Regulations

Lawyers have filed a BMW emissions class action lawsuit alleging that the German automaker installed emissions control devices to cheat U.S. emissions tests.

In cooperation with other plaintiffs’ counsel, Steve Berman of Hagens Berman Sobol Shapiro LLP filed the BMW emissions class action lawsuit on behalf of all drivers and owners of tainted BMW models in the United States.

BMW X5 vehicles built from 2009 to 2013 and BMW 330d models sold from 2009 through 2011 allegedly included a “defeat device” that made the cars appear to pass emissions tests. When in the mode to go through emissions testing, the special software allowed the vehicles to release restricted pollutants compared to what the vehicles release during regular driving conditions. This has prompted a BMW emissions class action lawsuit.

Tens of thousands of BMWs allegedly contain the cheating software. Plaintiffs claim that for years, emissions tests have been falsely passed by these vehicles that actually release extremely high levels of nitrogen oxide, a pollutant that is strictly controlled by state and federal laws.

These BMW vehicles were promoted as “clean diesel” cars that were “environmentally friendly.” BMW alleged that the engines turned the diesel’s nitrogen oxide “into environmentally compatible nitrogen and water vapor,” says the BMW emissions class action lawsuit.

In reality, the BMWs emit nitrogen oxide at a level 27 times that allowed by the Environmental Protection Agency (EPA) for gasoline-powered vehicles, according to the plaintiffs.

BMW Emissions Class Action Lawsuit Not the First

Volkswagen, Audi, Porsche, Mercedes, Fiat Chrysler, and General Motors all have faced similar allegations that they used cheating software to help their vehicles falsely pass emissions testing. Software company Bosch has been connected to all of the incidents.

Diesel-powered passenger vehicles became popular in the 1970s when gasoline prices soared. Diesel cars are more fuel efficient and have more torque, which allows them to accelerate at a quicker rate. They also make excellent towing vehicles.

Unfortunately, diesel burns dirtier than regular gasoline. Diesel emissions include high levels of nitrogen oxide, a pollutant blamed for serious health issues because they form smog and acid rain. Nitrogen oxide is also in the pollution measurement known as particulates and adds to the ground level ozone.

The BMW emissions class action lawsuit alleges the automaker installed software that sensed when the vehicles were being tested and turned on emissions controls to restrict the flow of pollutants during testing. Once testing was complete, the vehicle’s software would allegedly turn off the emissions controls, allowing the car to spew dangerous levels of nitrogen oxide into the air.

Once the emissions controls were turned off, the vehicle could reach its optimum output of power, fuel economy and efficiency as advertised, but at a hidden and large cost to the environment, according to plaintiffs.

Owners of these BMW vehicles believed they were buying a cleaner car that would reduce their carbon footprint, but actually were tricked into buying a vehicle that was even more detrimental to the environment than a gasoline-powered option.

If you own a 2009 to 2011 BMW 335d or 2009 to 2013 BMW X5, you could be eligible to participate in a BMW emissions class action lawsuit.

Join a Free BMW Diesel Emissions Class Action Lawsuit Investigation

If you own or owned a 2009-2013 BMW X5 or 2009-2011 335D diesel vehicle, you may qualify to file a BMW diesel emissions lawsuit or class action lawsuit.

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