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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 just posted the above comment same date. In all fairness to Mini Cooper, the El Paso dealer did say that he would check with Mini (at my request) to see if any adjustments to the replacement price of the CVT could be made. Will be interesting to see what their answer is. Of course, the replacement CVT is a rebuilt CVT since they no longer make them so do we want to go that route or not. As many of you have said above, we love the car and will be very sad to lose it and really hurts to know we will get little to nothing for it. If we “give” it to Mini, then Mini will just put in a new transmission and re-sell it. Who is the big winner here and who is the loser?? Not hard to answer….Doubt Mini will negotiate the price since a lawsuit is in place and apparently they haven’t accommodated any of you…Leaves us with some serious decision making to do as so many of you have said. We extend our condolences to all of you above. We totally understand…Don
Ditto to all above comments. CVT in our 2005 Mini (49,000 miles) quit working suddenly last week while my daughter was driving it. She was lucky that she was near home. Just received the bad news today from Mini of El Paso that the transmission would have to be replaced for 7k (5000 for the tranny; 2000 labor). I mentioned the class action lawsuit to them which they say they have never hear of and also they said they have had no transmission problems with Mini’s in El Paso. I reminded them that they didn’t open the dealership in El Paso until about 3 years ago which is AFTER Mini stopped using the CVT. Thus, they have not been selling cars in El Paso with the CVT. If anyone knows how to join the federal lawsuit (unless you have to live in Calif), please post on this website. . I actually live in New Mexico, not El Paso, TX..Does anyone know anything about the state of affairs in New Mexico?…Thanks, Don
WELL I GOT THE 2006 CHELLI RED COOPER I REALLY JUST LOVE IT ! I SHOULD SAY LOVED IT… UNTILL THE TRANSMISSION THING AT 8,OOO.TO FIX ! MY DAUGHTER BOUGHT A HUNDI IN HIGH SCHOOL,SHE IS 31 NOW …THE ONLY REASON SHE GOT A NEW CAR IS SHE HIT A DEER…REALLY A COOPER CAN’T LAST FOR 6 YEARS…WHATEVER I WANT IN ON THE CLASS ACTION SUIT
I have a 2005 Mini Cooper which is currently a great yard ornament because something in the transmission is banging. I would also love to become part of this class action suit. With all the added cost of clutch and cv boots, the replacement repairs will be $4,000-6, 000 per the dealership – this is not a Rolls Royce and is not acceptable. These are exorbitant costs and bad customer service practices.
My 2004 Mini Cooper, which was purchased used last February, has had problems with its cvt from the start. Shaking, shuddering, jerky, and strange grinding under the hood.
I’ve put thousands into the car trying to discover the problem, and up until recently discovered that my transmission is dying and will cost 10k to replace/repair. I’m so torn because I love the little car, but I cannot afford that high price…
my daughter bough a 2003 mini cooper that 6 month later she star having transmission problem the cost to repair it is $5000 dollars yes i would like to be party of this lawsuit
What a shame that bmw is putting out such lousy cars. I too have a 2003 mini standard that sounds like hell in reverse. Sign me up for the lawsuit. Seems there’s enough complaints on here to get something started.
I have the same problem with my transmission in my 03 mini cooper and its just been sitting here for a while and i’d i like to be part of the lawsuit too .
My 2006 is a lemon. Help! My tranny is making awful noises.
I have 76k on my 2006 mini & it’s making weird tranny noises. It’s always had a hesitation in acceleration since the day I bought it. I’d like to be part of the lawsuit.