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BMW i3 range class action overview:
- Who: A BMW driver is suing the automaker
- Why: He says the company overstates the driving range of some of its i3 passenger vehicles in cold weather
- Where: New Jersey federal court
BMW overstates the driving range of some of its i3 passenger vehicles in cold weather, a new class action lawsuit alleges.
Plaintiff Brian Hurst filed the class action complaint against BMW of North America and BMW AG June 15 in a New Jersey federal court, alleging breach of warranty, fraud and negligent misrepresentation.
The complaint relates to certain 2014 through 2018 model year i3 BMW passenger vehicles sold in the United States. Some of the i3 models were powered solely by a high voltage lithium ion battery. Other models had an electric battery and a small gasoline engine to extend the range of the vehicle.
According to the complaint, BMW made false representations that materially overstate the range of the vehicles “whether in battery only mode or in gasoline engine range extender mode in cold weather.”
An electric vehicle’s usefulness is directly related to the distance the automobile can travel before needing a recharge, the lawsuit states.
BMW’s promotional advertising for the vehicles stated that mileage range for vehicles operating solely on the electric motor was 81 miles and the range of vehicles equipped with the optional gasoline range extender engine was advertised as 150 miles, it says.
“These advertised ranges are far beyond the range Class Vehicles can provide in states where cold weather exists in the winter, such as New Jersey,” the lawsuit alleges.
Range Limited to 39 Miles in Winter
In Hurst’s case, the window sticker indicated that the mileage range for his vehicle operating solely on the electric motor was 72 miles.
However, he was only able to obtain a range of 39 miles on a fully charged battery in the winter months.
“Nowhere in Defendants’ advertising and/or marketing materials are the adverse effects of cold weather on vehicle range discussed,” he says.
“As a result, Plaintiff and members of the proposed class cannot operate their respective Class Vehicles over distances that they expected to be able to travel, and owners of Class Vehicles with range extending engines are forced to spend money on gasoline to obtain the advertised electric motor range.”
The plaintiff is suing for breach of warranty, fraud, negligent misrepresentation. He’s seeking certification of the class action, damages, fees, costs and a jury trial.
Meanwhile, BMW is recalling 917,106 vehicles, many for the third time, over fears a faulty heater could cause engine fires.
What do you think of the allegations in this BMW class action lawsuit? Let us know in the comments!
The plaintiff is represented by Gary S. Graifman, Daniel C. Edelman of Kantrowitz, Goldhamer & GRaifman, P.C. The BMW i3 Class Action Lawsuit is Brian Hurst v. BMW of North America, LLC et al., Case No. 2:22-cv-03928-SDW-AME in the U.S. District Court for the District of New Jersey.
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2 thoughts onBMW class action alleges automaker misrepresents range of i3
Hello, this is totally true. I bought a brand new bmw i3 range extender version. you get 1/2 of what it states. The wintertime is a joke. When I left the dealer I had to drive back to indiana and it took hours and hours. Plus these the charging time tripled in cold weather which wasn’t stated.
The range extender was 1/2 of what it states too.
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