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Having transmission problems with your MINI Cooper? You’re not alone. A federal class action lawsuit claims BMW of North America installed “shoddy” automatic transmissions in first-generation MINI’s that are prone to premature failure and cannot be reasonably repaired, forcing consumers to spend thousands of dollars to replace them and putting them at risk of serious harm.
According to the BMW MINI Cooper class action lawsuit, BMW aggressively marketed the MINI Cooper as a stylish, high performance — yet affordable — vehicle, and launched the MINI amidst great fanfare. The marketing campaign was so successful that buyers lined up to get their hands on the first generation MINIs and waited months to a year for a delivery.
“There’s a saying that if something sounds too good to be true, it probably is…[and] after the dust settled from BMW Group’s marketing fervor, owners of First Generation MINIs found that they had been duped because their vehicles did not stand the test of time,” the MINI Cooper class action lawsuit states.
“In their haste to create a new ‘premium small car’ market, BMW Group sacrificed quality to meet demand and keep the sales price low, and as a result, First Generation MINIs were quickly churned out with substandard parts and shoddy workmanship. BMW Group refuses to take responsibility for these actions, and instead, prefers that its customers be left to clean up the mess it created.”
The MINI Cooper transmission class action lawsuit takes aim at BMW’s failure to disclose a material problem concerning the Continuously Variable Transmissions (CVTs) installed in first generation MINIs, which the lawsuit alleges are prone to premature failure.
“As a result of BMW Group’s failure to disclose the fact that CVTs installed in First Generation MINIs are prone to premature failure, consumers are required to spend approximately $6,000 to $9,000 (one-third to one-half of the original purchase price) to repair or replace their CVTs, or sell their vehicle without repair for a substantial loss,” the MINI Cooper CVT class action lawsuit states. Their failure to disclose the problem also places the driver and passengers at risk of serious harm, the lawsuit continues, because the CVTs can fail without warning, resulting in a complete loss of power to the drive wheels.
“As a result of its failure to disclose the material fact that CVTs installed in First Generation MINIs were prone to premature failure, BMW Group has recklessly placed the safety of the owners and occupants of First Generation MINIs at risk, and caused owners of those vehicles to suffer damages.”
The MINI Cooper defective transmission class action lawsuit seeking restitution, damages and other relief for a proposed class of all California residents who, at any time prior to the filing of this complaint, purchased or leased a 2002-2006 MINI Cooper Coupe or 2005-2008 MINI Cooper Convertible in California.
A copy of the BMW MINI Cooper Defective Transmission Class Action Lawsuit can be read here.
The case is Brad Aarons v. BMW of North America, LLC, Case No. 11-cv-07667, U.S. District Court, Central District of California.
UPDATE 1: A federal judge indicated he will approve a class action settlement reached in this class action lawsuit.
UPDATE 2: Judge Gutierrez preliminarily approved the MINI Cooper Transmission Class Action Settlement. Details on how to file a claim will be available soon.
UPDATE 3: Notices and claim filing instructions for the MINI Cooper settlement are being delayed by disputes between the two parties. Both sides asked the Court to intervene to expedite administration of the class action settlement benefits.
UPDATE 4: Claim filing instructions are now available! See how to file a claim for the MINI Cooper class action settlement here.
UPDATE 5: A misplaced objection to the MINI Cooper class action settlement has delayed the distribution of funds. Because the objection is similar to other objections already overruled by the judge, it is likely to be overruled as well. We will update readers when more information is available.
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390 thoughts onBMW MINI Cooper Defective Transmission Class Action Lawsuit
I have a 2003 Coupe that I bought in 2013 with only 39,600 miles on it. I now have 70,000 miles. Transmission works ok at lower speeds (up to 50MPH) but the faster I go, it “downshifts” into a lower gear sending my engine into an excessive RPM state (4500 at one point). Had it “Reprogrammed” at the ONLY MINI dealership here in Phoenix, and they said that it could be a module going out. It worked fine for about a year, but now it is doing it again. Thankfully I don’t have to drive on the freeway unless absolutely necessary.
Just purchased a 2006 convertible s in New Jersey. 200 miles later the transmission went. I’m a Nevada resident. Is there anything I can do?
I have a 2006 Mini Cooper S with the CVT transmission, it has 154,000 + miles on it. It’s still smooth as silk, even when I switch it over to manual sport mode ( for passing or racing ) it’s fine, just like the day I bought it. Which i did buy it used with 42,000 miles, that was back in 2012, I’v had it 5 + years and put about 110,000 miles on it, reading about this problem with the CVT, I’m starting worry that the transmission will go out suddenly with no warning. i still have 10 more monthly payments to make b-4 it’s paid off.
I am having The exact problems as listed above. But I live in Michigan. Does anyone know how I can proceed with this class action in Michigan? I have a 2006 mini Cooper S.
Hi my name is hamdi i do have the same problem with the treansmission on my 2005 mini cooper s. With 65000 miles.I would like to participate in the law suit if it’s active. Hamdi-chanthan@hotmail.com
I have a 2006 with the same problem, transmission started slipping. I had even with as far as purchase a extended gold coverage warranty. Transmission started to slip and I called the warranty company and they said drive it in if is safe to do so. Drove it to the shop and warranty denied because I drove it in. I have a no e car sitting in garage collecting dust as shop wants 7300.00 to replace. Is the class action still active?
How do I get in on this class suit? I bought automatic a 2006 cooper S hatchback 5 month ago and has 65,000 miles on it. Getting ready to fail as all others. still drives, but now dangerous shifting in the CVT.
I bought my 2006 Mini Cooper S brand new. I have the same transmission issues that is described in most of the comments presented by owners. I was told it will cost a lot to replace the transmission with a new one. I am interested in participating in the class action lawsuit. Please let me know what I can do.
I have a 2007 mini Cooper s and I’ve been having a transmission issue since I bought the car, I did buy it used with 54,000 miles but this is ridiculous. My first problem was that if I would brake just a little to hard the transmission would get stuck in third gear, I took it back to the dealer I bought it from and they claimed they fixed it. Then if I was just driving at normal speeds like 35mph and tried to accelerate to pass someone or switch lanes the transmission would delay and I would not want to shift. Now I’m having a problem with it shifting at any speed and it makes a weird clunking sound and bucks very frequently. I’ve only had the car for 6 months and it only has 70,000 miles on it. The last BMW product I had lasted 275,000 miles before it gave me transmission issues. I don’t understand what BMW is doing but they need to go back to there reliable ways because this is unacceptable
Same here-ugh!!! manual tranny went out- mechanic says thats so strange-its a 2003. Lets rally!!! B.