BMW Class Action Lawsuit Says Company Cheats on Diesel Emissions Tests

A BMW class action lawsuit says the car company cheats on diesel emissions tests.

In recent months, a number of large car companies have been hit with class action lawsuits claiming they defrauded regulators performing emissions tests on cars to be released to market. BMW joins the list, accused of producing false emissions tests that show the nitrogen oxide emissions of their diesel vehicles to be much lower than they are.

The federal government requires all automakers to produce cars that adhere to certain environmental protection standards. One of those regulations is one that limits the amount of nitrogen oxide that any vehicle may produce.

BMW, like the other car manufacturers accused of falsifying emissions reports, is alleged to have purchased software from Bosch that senses when a vehicle is being driven in a test and when it is being driven normally.

Allegedly, the software turns off emission controls in the car selectively, enabling the car to produce emissions that adhere to federal regulations during the testing, but produce nitrogen oxide at radically higher levels when the car is being driven normally.

Other car manufacturers accused of the emissions defrauding include Volkswagen, Audi, Porsche, Mercedes, Fiat Chrysler and General Motors.

According to the BMW class action lawsuit, affected BMW vehicles include the X5 and 335D diesel vehicles. If you purchased one of these affected vehicles, you may have a legal claim and may be able to receive compensation.

Diesel cars are considered less environmentally friendly than gasoline cars, given that they produce higher levels of nitrogen oxide, and are generally considered to be dirtier and more environmentally harmful. However, diesel vehicles are more fuel efficient, getting on average 20 to 30 percent more miles per gallon.

Consumers find diesel vehicles attractive because of their fuel efficiency and the fact that the vehicles can accelerate faster than gasoline vehicles. Allegedly, the challenge for automakers has been to capture the high performance of diesel vehicles while producing a vehicle that is more environmentally friendly, responding to an increased desire from consumers for environmentally friendly vehicles.

Car manufacturers have faced the challenge of creating “clean diesel” cars, and those that have produced them are able to charge a higher price for their desirable qualities.

Plaintiffs in the BMW class action lawsuit claim BMW profited off of consumers’ desire for “clean diesel cars,” and charged them a premium while not providing them with the promised qualities in purchased vehicles. The plaintiffs have accused BMW of deceptive advertising to consumers and of defrauding emissions reporting with the illegal Bosche software.

The BMW class action lawsuit cites BMW’s advertising that states that the X5 and 335D vehicles meet “emissions standards in all 50 states,” and that describe the vehicles as “environmentally friendly.” Consumers claim that these claims constitute intentional misrepresentation and false advertising on the part of BMW.

A BMW class action lawsuit can help consumers who purchased a BMW X5 and 335D vehicle and feel that they were mislead by BMW to receive compensation for financial injury.

The BMW Class Action Lawsuit is Case No. 2:18-cv-04363, in the U.S. District Court for the District of New Jersey.

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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