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A federal judge has preliminarily approved a class action settlement between BMW of North America LLC and first-generation MINI Cooper owners who say the automaker installed “shoddy” transmissions in their vehicles. The deal will provide Class Members reimbursement for repairs, a warranty extension and up to $2,000 if they sold their MINI Cooper at a loss.
A Final Fairness Hearing is set for April 28, 2014. Detailed notices on how to file a claim for the MINI Cooper class action settlement will go out no later than December, according court documents.
The MINI Cooper settlement resolves five class action lawsuits that accuse BMW of concealing a design defect that causes the Continuously Variable Automatic Transmissions (“CVTs”) in the vehicles to prematurely break down and suffer mechanical failure. Plaintiffs allege the transmission defect can cause significant delays in acceleration, loss of forward propulsion and total transmission failure while driving. Even more concerning, they said, is the tendency of the transmissions to fail without warning, which can contribute to traffic accidents that may lead motorists to experience serious injury or death.
The class action settlement will cover all current and former U.S. owners and lessees of a MINI R50 (produced between June 11, 2001 and November 28, 2006) and/or a MINI R52 (produced between March 6, 2004 and July 31, 2008), that were originally equipped with a CVT.
Class Members who paid for a CVT repair or replacement at an authorized BMW or MINI dealership will be reimbursed for the out-of-pockets expenses they incurred, up to 8 years/150,000 miles. Reimbursement will be based on a time and mileage schedule that will provide between 12.5% and 100% of the costs they paid, which is estimated to be approximately $6,000 to $9,000.
Class Members who paid for a repair or replacement at a third-party repair facility instead of a MINI or BMW dealership will be subject to a maximum reimbursement of $4,100.
BMW will also reimburse vehicle owners who sold their MINI Cooper at a loss rather than pay to repair their defective transmission. Class Members who sold their vehicles for $4,000 or less can receive $1,000 if they sold a 2002-2003 model year vehicle, $1,500 for a 2004-2005 model year vehicle, or $2,000 for a 2006-2008 model year vehicle.
Details on how to file a claim for the MINI Cooper Transmission Defect Class Action Settlement are not yet available. Keep checking Top Class Actions or sign up for our free weekly e-newsletter below for updates on this case and other class action lawsuits and settlements.
The case is Aarons v. BMW of North America LLC, Case No. 11-cv-07667, in the U.S. District Court for the Central District of California.
UPDATE: 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 2: Claim filing instructions are now available! See how to file a claim for the MINI Cooper class action settlement here.
UPDATE 3: 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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38 thoughts onMINI Cooper Class Action Settlement Gets Tentative OK
I purchased my 2003 mini about 6 months ago and my transmission just went out, and I do have a warntey on it but I have to pay out of pocket for my clutch and flywheel. Is there anyway I can be included in this law suit.
Bought a used 2005 Mini Cooper. 80k now and transmission made loud scrapping noise. Intend to bring in for repair. Very timely newsbreak so I guess I should bring it to a dealer vs. third party.
Hi, 2003 Mini Cooper CVT won’t pick up sped feels like transmission is slipping, takes forever to pick up speed. Please include me in this case thank you.
Please include me in this class action lawsuit. I had a 2002 Mini Cooper that transmission failed and I paid a third party shop to replace it
I bought 2005 Mini Cooper used three years ago.
I had a transmission malfunction happen this weekend that matches all the problem of the lawsuit.
I have 40k and it is in its eighth year.
As a 2nd generation owner, will I be eligible for compensation?
i own a 2005 mini cooper convertible which I cannot afford to fix. I purchased another car and have been making two car payments. both cars are insured. I do not want to miss out on the class action reimbursement. should I have the car repaired at a mini dealer and trade in my other car? I would have walked away from the mini except that my father cosigned on the loan.
I bought a new 2006 Manual Convertible Mini Cooper from Mountain BMW in Burlingame CA.
The transmission began to go out at about 80,000 miles. The car is still functional but only used for local trips at present. The noise has increased dramatically in the past 4-6 months, and I expect it to go out at any time now.
I will need information to recover repair costs asap, due to the uncertainty of the vehicles performance.
Thank you
Frank Capito
i bought a 2009 mini cooper in March of this year from dealership and i am experiencing delayes in acceleration, loss of forward propulsion. Im sure the 2009’s were made in 2008….right? Taking mine back with complaint to fix car. & REFUND.
1817 w 1st
Corsicana tx 75110
Just bought Mini Cooper s and had happen what is described her with propulsion cutting out and it’s at my mechanic now. I need to know how to deal with problem so I get it paid thru BMW