BMW Emissions Class Action Lawsuit Alleges Illegal Diesel Emission Levels

A BMW emissions class action lawsuit has been filed against the luxury car company by a group of consumers alleging they overpaid for their cars and that the diesel emissions were much higher than advertised.

The BMW emissions class action lawsuit alleges BMW AG installed a “defeat” device to pass diesel emissions tests, then allow vehicles to produce unlawful levels of emissions during ordinary driving.

This BMW emissions class action lawsuit proposes to represent “tens of thousands” of owners of BMW X5 and 335D model diesel cars manufactured between 2009 and 2011. Named plaintiffs allege the car company marketed the vehicles for the environmentally conscious consumer and charged a higher price than what was reasonable.

More specifically, plaintiffs claim the BMW X5 and 335D diesel vehicles had met “emissions standards in all 50 states” and that these diesel vehicles were “environmentally friendly” and the engines “protect the environment every day by turning nitric oxides into environmentally compatible nitrogen and water vapor.”

Overview of BMW Emissions Class Action Lawsuit

Also named as a defendant in the BMW emissions class action lawsuit is the accused diesel cheating or “defeat” software supplier Robert Bosch GmbH, with the claim alleging the company implemented certain algorithms into the vehicles’ software to cheat testing systems.

Defeat devices are programs allegedly designed to manipulate the outcome of emissions readings during the vehicle’s testing periods. These devices work by turning off the emissions control in the car when the vehicle is not being tested. This emission control software allegedly produces false or misleading readings during emissions testing.

The drivers allege their vehicles are emitting up to 27 times the legal limit allowed by the Environmental Protection Agency (EPA), which allegedly contradicts the defendants’ previous advertisements.

“At these levels, these cars aren’t just dirty — they don’t meet standards to be legally driven on U.S. streets and no one would have bought these cars if BMW had told the truth,” said Steve Berman, the plaintiffs’ attorney who has filed similar claims against Ford Motor Co., Mercedes-Benz, Fiat Chrysler Automobile NV, General Motors Co., and Volkswagen.

BMW representatives have stated the company fully intends to cooperate with authorities, and that the allegations of diesel emission manipulation allegations are completely false. BMW further stated the diesel emission software was implemented by mistake, impacting almost 12,000 diesel cars.

News of the diesel emissions scandal broke not long after BMW informed Germany’s General Motor Transport Authority that internal testing showed that the wrong software had been implemented in certain cars, which was causing higher emissions.

Recently, prosecutors involved in the BMW emissions class action lawsuit raided BMW’s headquarters in Munich along with its engine plant in Austria, to investigate 7-series and 5-series sedans.

Volkswagen AG had previously admitted to using similar technology, which landed the car company in equally hot water. Volkswagen previously admitted to equipping 11 million vehicles with a diesel emissions defeat devices in 11 million vehicles and is facing $25 billion in penalties.

Volkswagen and BMW are just a couple of car companies facing legal action for allegedly using these defeat devices to cheat diesel emissions tests.

This BMW Emissions Class Action Lawsuit is Rickman v. BMW of North America LLC, 18-cv-04363, in the U.S. District Court, District of New Jersey (Newark).

UPDATE: On June 27, 2019, a New Jersey federal judge dismissed a class action lawsuit filed by drivers who claim that BWM and Robert Bosch LLC used emissions-cheating software to make their vehicles seem as if they had lower levels of pollutants than they actually did.

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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