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A new class action alleges that multiple BMW automobiles had defective “turbochargers, high pressure fuel pumps, software affecting the turbo system, and/or waste gate mechanisms.” Rather than disclose these defects to BMW owners, BMW made the situation worse by installing new ECU software without owners’ knowledge or permission, according to the complaint.
The BMW ECU software class action lawsuit alleges that rather than fixing the problem with the turbochargers and other engine components, the new software “caused numerous problems and changes in the performance of the relevant vehicles, including problems with ‘turbo lag’ (dangerously acceleration delays), going into a ‘limp mode’ (sudden loss of power), decreased gas mileage, and decreased performance.”
These alleged problems caused many BMW owners to incur damages, “with numerous unfruitful service visits, extended periods of loss of uses, and by obtaining an aftermarket ECU flash update that effectively cost thousands of dollars in out-of-pocket expenses and voided the BMW warranty.”
The vehicles affected by the engine defect and the unwanted software update include the 135i, 335i, 335xi, 535i, 535xi, XS, X6, and Z4 sDrive 3.Si models equipped with N54 3.0 liter twin turbo inline-6 engines from the years 2007-2011. Owners of these vehicles often “experienced problems with loud raffling, cracking, or clanking noises under the hood, cranking times, power failures, and other issues that required service visits,” according to the class action lawsuit. BMW initially denied that there was any engine defect, then pushed out the ECU software update to essentially “de-tune” the engine “to mask the underlying problems.”
Plaintiff Shawn McCullers states that he purchased a BMW 535i from an authorized dealership in Decatur, Georgia in 2013. “Plaintiff was steered by the salesman to this vehicle expressly because it had a turbo in this model, despite the foreknowledge that it had defects that made it dangerous and potentially deadly,” the complaint claims.
McCullers alleges that in the less than three years he owned the vehicle, he has taken it into the BMW repair shop 21 times to deal with “problems with hesitation, rough idling, shaking, reduced engine power and ultimately smoke filling the interior compartment of the vehicle through the vent system.”
The BMW ECU software class action lawsuit seeks to create a Class of all current and former owners and lessees of any of the problematic BMW vehicles sold or leased in the State of Georgia. The class action is asking for damages for all Class Members, as well as an order making BMW recall and buy back the defective vehicles.
This is not the only class action lawsuit BMW is facing over its twin turbo engines. In March of 2015, a class action was filed in New Jersey alleging that BMW’s marketing of its “Twin Power Turbo” engines is fraudulent, because the engines actually contain only a single turbocharger.
McCullers is represented by Sean R. Campbell of The Champion Law Group, LLC.
The BMW ECU Software Defect Class Action Lawsuit is Shawn B. McCullers v. BMW of North America LLC, et al., Case No. 1:16-cv-00767, in the U.S. District Court for the Northern District of Georgia.
UPDATE: On April 15, 2016, a BMW dealership in Georgia told a federal court that this proposed class action lawsuit must be dealt with via arbitration due to the contract terms signed by the vehicle owner upon purchase.
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16 thoughts onBMW Hit With New Class Action Over Engine Defects
I would like to be included in this suit. My 2013 bmw335xi with only 80,000 miles has a “hole” in the engine. It has stopped twice in highway traffic quite dangerously. The dealership says it can not locate an engine and then said they were going to charge us a storage fee. Absurd experience will NEVER purchase a car like this again.
My 2012 X5 was recently in the dealership- they charged 190 to diagnose that the water pump needed to be replaced. They were going to charge us $5000 to do it there- we declined and took it somewhere else. It was 1900.00. Another issue just came up. The other place diagnosed it- and there were more issues. The valve cover- and Valvetronic system/motor needs to be replaced. WTH! Its a 6 year old car, with 100,000 miles. The computer motor should not have failed! And why did BMW not see the issue when they diagnosed it??????? This seems like a recall issue to me!!!! Its going to cost us 7100.00- and I’ve been out of a car for a week! How do I get them to reimburse me????
I have similar issues as well I had to replace -valve cover gaskets,water pump & thermostat, computer (brain) & now radiator. On my 2011 X5 3.5idrive turbo. Please email me
a, have u got an answer to your question? I am having ur exact same situation. I was told to open a case with BMW corporate office to investigate the issue they want an official inspection by bmw.
Please add me to this lawsuit. I have had problems with my BMW.
UPDATE: On April 15, 2016, a BMW dealership in Georgia told a federal court that this proposed class action lawsuit must be dealt with via arbitration due to the contract terms signed by the vehicle owner upon purchase.
This happened to me also with my 2004 X5 BMW
Hello Anita Baker I am a huge fan of yours and I also owned a 2008 BMW X5 this car has cost me and my family over $15,000 because we had to pay the loan off I have tried everything for resolve… please notify me and let me know any resolve that you have found we now don’t qualify for our house that we were looking for it to do to this BMW Money Pit
Will this lawsuit include the BMW MINI? Mine has an ECU that has literally burnt out. I am thinking I am lucky it did not cause a fire. I now have to buy a new one and they are not cheap. I have a 2008 BMW MINI Cooper S which has the turbo engine.
Does this go for the 2014 BMW328i series?
I had a 2008 525 and the trainmiaaion went out it was out of warinty by 200 miles and they would not fix it it coat me almost 10.000$ to fix it when I was at the dealer the service guy said don’t fix it just et a new car I could have hit him in the mouth I was so made when he told me the price to fix it I said I wanted to call my wife and talk to her about it and the service manger said o does your wife wear the pants in your family I thought what a jerk well the car is gone and will never own a. BMW again I should have keeper my 328xi that was a better car
My 07 certified bmw 335xi with 80,500 appox. miles had some strange noise coming from the engine, one day as I dove it back and tried to restart it, it would not. The sound was a rattle coming from the engine. I took the car to a BMW dealer, upon arrival I was told they can inspect it, but it would be over 8 hours of labor to inspect (while under warranty). Due to the cost I felt intimidated and I did not do so in November. Now in march the warranty of 8 years but before 82K is expired and I am held responsible to fix the engine/turbo and what ever else. This may cost me up to 5K for a car that is only worth 13K now. Any idea if BMW has extended the warranty period past 8 year, 82K miles or which ever term comes later?Thanks