BMW Hit with Auto Start Stop System Defect Class Action Lawsuit

By Dominic Rivera | October 19, 2013

Category: BMW Class Action Lawsuit and Settlement News

By Anne Bucher

On October 15, BMW of North America LLC was targeted by a putative class action lawsuit alleging that the company’s Auto Start Stop system fails to restart properly, causing engine damage and potentially putting drivers at risk.

Plaintiff Gayane Khatuonian filed the BMW class action lawsuit in the Los Angeles County Superior Court, alleging that BMW and Mini vehicle models between 2008 and 2014 have problems with the Auto Start Stop System. She says that the Auto Start Stop system “causes the engine to turn off when the vehicle comes to a complete halt and fails to re-start when the driver accelerates, creating a possibly life-threatening situation.”

In her class action lawsuit, Khatuonian accuses BMW of “developing, designing, manufacturing, distributing and selling vehicles with a defective Auto Start Stop function.” The BMW website indicates that the Auto Start Stop function “automatically switches off the engine when the car is at a standstill and in neutral, then restarts it as soon as the driver presses the clutch pedal again.” Allegedly, the “function helps reduce both fuel consumption and emissions.”

According to the BMW Auto Start Stop class action lawsuit, not only is the defect dangerous, but it also caused “the premature wear and/or failure of engine components, requiring frequent and costly engine repairs, reducing the subject vehicles” marketability and value. Khatuonian alleges that BMW knew that the Auto Start Stop function was defective but did not notify consumers about the problem or take steps to fix the defect. She claims that BMW only offered to pay for the cost of disabling the feature after she “complained vehemently.”

Further, Khatuonian accuses BMW of engaging “in a nationwide conspiracy to cover up the subject vehicle’s Auto Start Stop system defect by systematically refusing to verify complaints during visits by plaintiff and other class members with the subject complaint.” She claims BMW violated the federal Magnuson-Moss Warranty Act, several California laws and breached both express and implied warranties.

Khatuonian claims that she relied on BMW’s advertising campaign, which touts its vehicles’ reliability, safety and excellence. She says that BMW’s advertisements focused on maintaining that its vehicles are free of defects. Specifically, BMW refers to its vehicles as being “the ultimate driving machine, efficient, intelligent and sheer driving pleasure” in product brochures, pamphlets and media. She claims that these representations constitute an express warranty that the BMW vehicles were free from defects.

By filing the class action lawsuit, Khatuonian seeks to certify a statewide and national class of consumers. She is seeking financial compensation for Class Members related to the expenses associated with the Auto Start Stop defect.

Khatuonian is represented by Hovanes Margarian of the Law Offices of Hovanes Margarian.

The BMW Auto Start Stop System Defect Class Action Lawsuit is Gayane Khatuonian v. BMW of North America LLC, Case No. BC524437, in the Superior Court of the State of California for the County of Los Angeles Central District.