Class action alleges BMW recall failed to address defective starters that posed fire risk

BMW class action lawsuit overview:

• Who: Four vehicle owners filed a class action lawsuit against BMW of North America LLC.
• Why: They claim BMW sold vehicles with defective starters that can overheat and pose a fire safety risk.
• Where: The BMW class action lawsuit was filed in New Jersey federal court.

A new class action lawsuit alleges BMW sold vehicles with defective starters that can overheat and pose a fire safety risk.

Plaintiff Jerry Gibbs and three others claim BMW failed to disclose the defect and that a BMW recall announced in 2024 is insufficient.

“BMW’s recall is wholly inadequate and does not address the underlying cause mandating the recall, nor will it restore the value of the plaintiff’s vehicle,” the BMW class action says.

The plaintiffs seek to represent a nationwide class of consumers who purchased a BMW vehicle subject to the recall. The recall affects 145,000 vehicles from the following models: 

• 2020-2020 BMW 340i
• 2020-2025 BMW 840i
• 2020-2023 BMW 740Li
• 2019-2020 BMW X7
• 2020 BMW X6
• 2019-2020 BMW X5

BMW class action alleges recall is insufficient

The plaintiffs say BMW recalled 105,588 vehicles in August 2024 due to a defect with the electric starter in certain models, including many of the models affected by the September 2025 recall. 

The proposed remedy for the 2024 recall was a software update.

The plaintiffs argue the recall is inadequate because it does not account for the diminished value of the vehicles. They claim the vehicles will have a reduced resale or trade-in value because they have a history of electrical starter defects.

The class action lawsuit also asserts that the recall fails to address the inconvenience of having to return the vehicles to the dealership for repair.

“Plaintiffs and Class members would either have not bought the Class Vehicles or would certainly have paid less for them had they known there was a systemic defect with the electrical starter,” the BMW class action says.

The BMW class action lawsuit asserts claims for breach of express warranty, breach of implied warranty of merchantability, unjust enrichment, violation of the New Jersey Products Liability Act and violation of the New Jersey Consumer Fraud Act.

The plaintiffs demand a jury trial and request declaratory relief and an award of actual, general, special, incidental, statutory and consequential damages for themselves and all class members.

Currently, BMW is facing a separate lawsuit alleging the company failed to disclose a defect in the electrical connector on the water pump which could lead to a short circuit.

Do you own a BMW vehicle that is subject to the recall? Tell us about your experience in the comments.

The plaintiffs are represented by Philip J. Furia of Furia Law LLC and Paul J. Doolittle of Poulin | Willey | Anastopoulo LLC.

The BMW class action lawsuit is Jerry Gibbs, et al. v. BMW of North America LLC, Case No. 2:25-cv-17314, in the U.S. District Court for the District of New Jersey.

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