A BMW emissions scandal has been recently uncovered in a class action lawsuit affecting BMW X5 and 335d models.
The class action lawsuit was filed on Mar. 27, 2018 in the U.S. District Court for the District of New Jersey. Plaintiffs claim the BMW emissions scandal and collusion allegations are said to have violated the Racketeer Influenced and Corrupt Organizations Act and amounts to a RICO enterprise.
The affected vehicles include the 2009-2013 BMW X5 or 2009-2011 335d vehicles and ownership may entitle consumers to compensation.
The BMW emissions scandal lawsuit alleges that BMW implanted an illegal emissions cheating system in its diesel automotive cars affecting tens of thousands of vehicles.
According to the nationwide class action lawsuit, the BMW emissions scandal is similar in nature to the “Volkswagen Dieselgate” scandal. Volkswagen’s emissions cheating system was allegedly installed to hide pollution rates of up to 27 times the legal standard. The BMW emissions scandal involved and was made in collusion with Robert Bosch LLC and Robert Bosch GmbH, the lawsuit states.
A software system allegedly would hide higher pollution levels when the vehicle was undergoing emissions testing. The software system allegedly allowed the vehicles to report increased fuel economy, efficiency and higher power. BMW allegedly falsely promised that their BMW X5 and 335d models were “environmentally friendly” and that they “protect the environment every day.”
The level of harmful emissions the software hides are said to result in a range from an average of 3 times the standard in highway conditions and almost 8.5 times the standard in city driving.
According to the managing partner of plaintiffs’ law firm Hagens Berman, “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.”
He adds, “Why did BMW go out of its way to tout the environmental friendliness of these cars? Because it knew that doing so would accelerate sales. BMW knows that a certain segment of car buyers care about their vehicle’s impact on the environment. Instead of making good on those promises of protecting the environment, BMW chose to join the likes of Volkswagen and so many others, to build an illegal emissions-cheating system.”
The independent testing done by the law firm reports that highway emissions can exceed 20 times the standard and 27 times city driving standards.
Hagens Berman says its emissions testing was conducted by engineering experts who have helped uncover emissions cheating conducted by Fiat Chrysler, General Motors, Audi, Ford and Mercedes.
According to the lawsuit, injunctive relief and damages for the sales of affected vehicles are being sought. Attorneys are also seeking equitable relief regarding BMW’s actions and misconduct in terms of its sales and lease of its cars, manufacturing, marketing and design.
Allegations being stated throughout the class action lawsuit also report that BMW was fully aware and that it chose to work with Bosch by resorting and “orchestrating a fraudulent scheme and conspiracy.” BMW is being accused of deceiving regulators and the public regarding its false emissions output claims and that it colluded in an “illegal enterprise.”
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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