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BMW lawsuitA class action lawsuit accusing BMW of North America LLC of failing to warn consumers about the faulty navigation system in its 2012 and 2013 vehicles was filed in New Jersey federal court.

The BMW class action lawsuit claims that the optional navigation feature, which costs $1,800, is faulty and cannot be fixed. Plaintiff Karen Morris says that the feature gives wrong directions, resets without warning and misidentifies locations. She accuses BMW of knowing that the technology was defective based on its own testing, industry testing and complaints from consumers and dealers.

“BMW’s failure to disclose the propensity of the BMW navigation system to fail and malfunction is especially egregious in light of the safety risks resulting from driving with an unreliable navigation system that directs drivers to unsafe terrain or hazardous road conditions, distracts or confuses drivers, or otherwise suddenly fails to properly work or function at all, thereby placing drivers at greater risk of accidents and harm,” the class action lawsuit says.

According to the class action lawsuit, Morris purchased a new 2012 BMW 5 series car in August 2012 and paid $1,800 for the BMW Navigation System Professional. Allegedly, BMW provided her with a vehicle warranty covering four years and 50,000 miles. She claims that the navigation system took her on long detours, directed her to the wrong locations and instructed her to travel in the opposite direction of where she was going.

She took her car to a BMW dealer in Las Vegas to complain about the faulty navigation system. According to the class action lawsuit, employees verified the problem and found that other cars had similar issues. They informed her that they had no way to repair the problem but suggested that she update the system with a 2014 map upgrade.

Morris alleges that she requested a refund from BMW, but she was told that the problem was caused by the map and was not an issue with the navigation system. According to the class action lawsuit, the representative told her that it wasn’t BMW’s problem. Morris claims that she would not have paid for the optional navigation feature if she had been aware of the problems associated with it.

In her class action lawsuit, Morris alleges violation of New Jersey consumer fraud law, federal and state laws governing warranties, violations of Nevada’s deceptive trade practices law and unjust enrichment. She seeks injunctive relief, damages, restitution and attorneys’ fees. She is bringing the BMW navigation class action lawsuit on behalf of herself and a proposed class of “current and former owners and lessees of model year 2012 or 2013 BMW vehicles purchased or leased in the United States that came equipped with the BMW Navigation System Professional.”

Morris is represented by Natalie Finkelman Bennett, James C. Shah, Nathan C. Zipperian and James E. Miller of Shepherd Finkelman Miller & Shah LLP.

The BMW Navigation Class Action Lawsuit is Karen Morris, et al. v. BMW of North America LLC, Case No. 2:13-cv-04980, in the U.S. District Court for the District of New Jersey.

UPDATE: A federal judge trimmed claims from the BMW Navigation Class Action Lawsuit on Feb. 21, 2014, but denied a motion by BMW to dismiss the case entirely.

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