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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
So what was the outcome?
I have 2006 mini Cooper with the same problem.
Hello. Disconnect your batteries for almost an hour. Get a cheap engine code reader. Get codes from it and see what the problem was. Mine started slipping and doing all the stuff everyone is complaining about and the sensor was damaged.
I purchased a new (2013) mini cooper coupe with a 6 speed manual trans mission which has failed @ 45,000 miles.
Attempting to get it repaired has turned into a very expensive endeavor.
Repairs seemed to exceed the value of the car.
Any relief or direction, re: the class action suit against mini/BMW?
2006 MCS automatic transmission slipping between 3 and 4 gear. Car only had 94K miles. Changed fluids but still slipping. Can’t sell it with slipping transmission and cost too much to fit it. AAAHHHH!!
We bought a used mini with 150,000 miles last week. It drove great. We paid $3,900 for it and after register and insurance, Then replacing all fluids for another $170,, after driving it for 200 miles the car won’t go into gear. Are used car buyers also protected under this class action claim? I can’t see spending $6000 on a car we paid $3,900 for.
I guess you needed to sign the complaint by 2014
I bought a 2007 automatic cooper s convertible and it has the same problem these others have had.the same problem as others. The car shifts erratically, RPMs all over the place. This problem started when the car mileage was 59,000 miles. The local dealer has made adjustments each time the car has had to go in to the shop for other reasons. Now at 91,000 the shift RPMs are all over the place again. American BMW is offering to fix for $514.00. I don’t believe I should pay anything to fix the shift.
I have a 2003 R50 with 78K miles. Had the Transmission Control Module replace at the dealer a couple of months ago, but tonight on the way home, while traveling about 50mph, the car started to shift very erratically. RPM’s all over the place, and the shifting was extremely up and down. We could only go about 10 mph the rest of the drive…. no visible fluid or damage to anything on the outside. Is this the type of failure that people have been experiencing, or does it sound like the module that was just replaced failed?
03 mini cooper less than 61,000 miles. Transmission is slipping. Fluid level is fine and clean . Can’t believe this is happening with less than 61,000 miles
I bought a 2006 mini cooper automatic and has the same problem. It doesnt want to go over 30mph, i took it to the mini dealer to get a regular oil flush and to fix a recall on something on the seat after spending several hours waiting they guy called me that everything was all set when he charged me $140 i asked why so little if the oil flush was $450 he said that they did a scan and it came back that the transmission had a problem and needed to be replace. When I insisted what was the problem the guy said we dont know, we just know it needs to be replace and the cost would be around $9,000. Now im stuck with a car sitting on my garage collecting dust because this is the only dealer in the area and they dont know what the problem is.
My car have 147xxx miles