Tens of Thousands of Vehicles Involved in BMW Emissions Cheating, Lawsuit Alleges

Certain BMW vehicles have reportedly been equipped with software to cheat their diesel emissions tests, allowing them to appear to comply with emissions standards while actually releasing excessively high levels of nitrogen oxide.

Tens of thousands of vehicles have been installed with BMW emissions cheating software, according to recent reports. BMW is not the first automaker to be hit with these kinds of allegations. Five other manufacturers, including Volkswagen, have faced similar allegations of using illegal software to cheat their way through diesel emissions tests.

If you currently own or have owned a BMW vehicle with emissions test cheating software, you may be entitled to some compensation.

BMW Emissions Cheating

A class action lawsuit has been leveled against BMW of North America, alleging that BMW emissions cheating had affected tens of thousands of vehicles, deceiving consumers about exactly how environmentally friendly their vehicles were. Customers that purchased one of the vehicles that used BMW emissions cheating software would not have made those purchases, plaintiffs claim, had they been aware of the actual diesel emissions involved.

BMW advertised its X5 and 335D diesel vehicles as being environmentally friendly, complying with emissions standards across the country. BMW even advertised its diesel vehicles as having engines that “protect the environment every day” by turning nitric oxides “into environmentally compatible nitrogen and water vapor,” the class action lawsuit claims. From these advertisements, consumers allegedly came to the conclusion that these vehicles are environmentally friendly and follow emissions standards.

However, some of these vehicles reportedly use BMW emissions cheating software to trick the tests. Essentially, the software senses when vehicles are in a test environment, complying with emissions standards under these conditions, but when the vehicles are in a regular, non-test environment, the vehicles are allowed to release excessive amounts of nitrogen oxide into the environment. In fact, according to the BMW emissions cheating lawsuit, vehicles have reportedly emitted up to 27 times the amount of nitrogen oxide that is allowable under Environmental Protection Agency (EPA) regulations for sale in the United States.

But customers who purchase these vehicles may be left totally unaware that their cars do not comply with emissions regulations—and may, in fact, think that their cars are environmentally friendly, when they are actually quite the opposite, say the plaintiffs.

The allegations surrounding BMW emissions cheating software are not the first of their kind. Volkswagen, Audi, Porsche, Mercedes, Fiat Chrysler, and General Motors have also faced allegations of using similar “defeat device” software to cheat their own tests, making their vehicles seem like they conform to environmentally friendly emissions standards while they actually release high levels of emissions. In fact, the BMW emissions cheating software as well as the software used by other automakers to cheat the emissions tests were obtained from the same company, Bosch.

Filing a BMW Emissions Cheating Lawsuit

If your vehicle was installed with BMW emissions cheating software, you may be able to pursue litigation. Cars included in the litigation are a 2009–2011 BMW 335D diesel vehicle or 2009–2013 X5 diesel vehicle.

The BMW Emissions Cheating Class Action Lawsuit is Rickman, et al. v. BMW of North America LLC, et al., Case No. 2:18-cv-04363 in the United States District Court District of New Jersey.

UPDATE: On June 27, 2019, a New Jersey federal judge dismissed a class action lawsuit filed by drivers who claim that BWM and Robert Bosch LLC used emissions-cheating software to make their vehicles seem as if they had lower levels of pollutants than they actually did.

Join a Free BMW Diesel Emissions Class Action Lawsuit Investigation

If you own or owned a 2009-2013 BMW X5 or 2009-2011 335D diesel vehicle, you may qualify to file a BMW diesel emissions lawsuit or class action lawsuit.

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