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      08-15-2019, 07:31 AM   #177
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Originally Posted by DarkF30 View Post
Where'd you find info about the lawsuit? Can you provide a link?
Here ya go!

https://topclassactions.com/lawsuit-...rranty-claims/
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      08-15-2019, 07:48 AM   #178
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I hope there will be a positive outcome for you guys
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      08-15-2019, 08:39 AM   #179
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A federal judge recently trimmed claims in a consolidated BMW engine defect class action, but ruled that the automaker cannot escape the suit entirely.

U.S. District Judge William H. Walls partially granted and partially denied BMW’s motion to dismiss claims that it sold vehicles with a known engine defect.

Judge Walls dismissed allegations of negligent misrepresentation as well as several individual claims from plaintiffs who he deemed did not have standing to sue.

However, the court kept most of the plaintiffs’ claims for breach of warranty, consumer fraud, and unjust enrichment.

The consolidated BMW engine defect class action includes allegations from 21 vehicle owners who filed their own individual BMW class action lawsuits prior to consolidation.





The plaintiffs allege that the automaker concealed problems with their model year 2012-2015 vehicles with N20 and N26 direct injection turbocharged engines. A variety of vehicles are affected by the alleged defects including certain X3 SUVs, 528xi sedans, and 328i sedans.

The BMW class action lawsuit also take issue with BMW’s warranty policies. The automaker allegedly provided consumers with a express warranty lasting four years or 50,000 miles.

However, plaintiffs claim that BMW knew that the warranty wasn’t sufficient considering the engine defects plaguing the vehicles. The BMW class action alleges that the warranty should have lasted 150,000 miles or 10 years.





Judge Walls determined that allegations for breach of express warranty can be allowed to advance due to sufficiently detailed arguments brought by the plaintiffs.

“Given both plaintiffs’ relative lack of power and sophistication and allegations that BMW purposefully manipulated the warranty provision through their superior knowledge, plaintiffs have sufficiently [pled] an express warranty claim,” Judge Walls determined.

Vehicle owners in the BMW class action have allegedly spent thousands of dollars attempting to fix the BMW engine defect problems.

Out of pocket repairs for the issues have ranged from $4,500 to $22,000, motivating the plaintiffs’ fight to hold BMW accountable.

Plaintiffs and their counsel are reportedly satisfied with Judge Walls’ ruling and are ready to move forward with litigation.

“I get contacted regularly from consumers that have been victims of this problem asking, ‘What’s the next step?’ and now we’ve reached the next step,” plaintiff counsel said in a statement to Law 360. “It’s important when you look at things in terms of dollars and cents, and the problem with these vehicles’ timing chains and engine failures, it can be a real profit center for a manufacturer when you can charge $15,000 for an engine failure.”

Plaintiffs in the BMW engine defect class action seek to represent a nationwide Class of consumers affected by the problem as well as several subclasses for states such as New Jersey, Illinois, Florida, Utah, New York, Colorado, Texas, Alabama, Oklahoma, Massachusetts, California, Wisconsin, Oregon and North Carolina.

The BMW owners are represented by Joseph R. Santoli, Gary S. Graifman and Jay I. Brody of Kantrowitz Goldhamer & Graifman PC; Bruce H. Nagel and Randee M. Matloff of Nagel Rice LLP; and Thomas P. Sobran of Thomas P. Sobran PC.

The BMW Engine Defect Class Action Lawsuit is Gelis, et al. v. Bayerische Motoren Werke Aktiengesellschaft, et al., Case No. 2:17*-cv-07386, in the U.S. District Court for the District of New Jersey.
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      08-15-2019, 10:33 AM   #180
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Originally Posted by Bmac850 View Post
I have 2013 BMW 328I xdrive with 82000 miles on it. It quit running. My independent mechanic tells the engine is toast. Called the BMW dealer that I bought it from used with 40000 miles on it. They pretty much said tough luck. Then I called BMW NA. They sounded like the wanted to help in some way but could not guarantee anything until officially diagnosed by BMW dealer. Since the original dealer is 80 miles away...I had it towed to a local BMW dealer. Then I started doing a ton of research. Apparently, this engine failure could not be avoided by me in any way. Meaning it was going to fail no matter how I treated the car. Obviously, there was the 70,000-mile recall. BMW knew that most of these engines would blow after 70,000 miles. I did some more internet digging...and guess what. There is a huge class-action lawsuit going on! I have spoken with 2 lawyers involved in that lawsuit. They both think BMW is going to settle in the next 30 days or so. Most likely with another extended warranty. I am beyond pissed off at this point. It's my wife's car. Even if BMW were to fix the motor free of charge....I don't think she wants it back. The bad news is that we still owe $14000 dollars on it....yuck! If anyone would like more info...hit me up..I have a good amount of it!
I'm definitely prying here, but when did you buy your vehicle? I see you still owe $14k so i'd definitely be pissed if i were you. Just trying to see how long you had it.
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      08-15-2019, 10:56 AM   #181
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Originally Posted by jared21927 View Post
I'm definitely prying here, but when did you buy your vehicle? I see you still owe $14k so i'd definitely be pissed if i were you. Just trying to see how long you had it.
We bought it in August of 2016 with about 40,000 miles on it.
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      08-15-2019, 02:56 PM   #182
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Quote:
Originally Posted by Bmac850 View Post
There is a huge class-action lawsuit going on! I have spoken with 2 lawyers involved in that lawsuit. They both think BMW is going to settle in the next 30 days or so. Most likely with another extended warranty.
This board is all very familiar with the lawsuit (including the URL with Nov 2018 update that you posted). What is new is what you indicate above about your conversation with lawyers involved in the suit....could u please elaborate? Is there any public posting consistent with this NEW info from which we can draw more? Or should we write this off as lawyer-salesman-speak? Thanks !
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      08-16-2019, 12:41 PM   #183
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In Europe there are hardly any cases, we have no guarantee extension !!
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      08-16-2019, 02:55 PM   #184
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In Europe there are hardly any cases, we have no guarantee extension !!
We've got a "Euro Plus Garantie" in Germany to extend the guarantee period
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      08-16-2019, 03:01 PM   #185
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Quote:
Originally Posted by Bmac850 View Post
The plaintiffs allege that the automaker concealed problems with their model year 2012-2015 vehicles with N20 and N26 direct injection turbocharged engines. A variety of vehicles are affected by the alleged defects including certain X3 SUVs, 528xi sedans, and 328i sedans.

Not 320i's?
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      08-16-2019, 03:16 PM   #186
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Originally Posted by BWbimmer View Post
We've got a "Euro Plus Garantie" in Germany to extend the guarantee period
I mean the famous guarantee of 70000 miles of the chain
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      08-21-2019, 04:37 PM   #187
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Quote:
Originally Posted by eddymerckx3 View Post
This board is all very familiar with the lawsuit (including the URL with Nov 2018 update that you posted). What is new is what you indicate above about your conversation with lawyers involved in the suit....could u please elaborate? Is there any public posting consistent with this NEW info from which we can draw more? Or should we write this off as lawyer-salesman-speak? Thanks !
I spoke with Mr. Sobren...one of the attorneys involved. He said the case may sttle soon
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      09-01-2019, 10:56 PM   #188
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Evening all, my 2013 X3 F25 2.8 also had lost power while on the highway a month or so ago. Luckily no one was hurt, but obviously it was a close one. Got it towed and inspected by the dealer. $350 later i was quoted $14,000 for engine replacement due to a broken timing chain. Car has been sitting in the driveway since then. 140,000 miles.
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      09-02-2019, 03:38 PM   #189
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I hand a similar issue with a 2011 VW GTI.
I did not join a class action, I used a firm I found on line. Webster Book LLP
300 n Washington St suite 404
Alexandria VA 22314
Steven Webster
He was great. I was offered a settlement in 30 days. I did exponentially better then the plaintiffs in the class action suit.
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      09-02-2019, 11:53 PM   #190
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Do I have anything to worry about on the chain for a 2016 328i with xDrive? Should I stay away from the start/stop function?
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      09-03-2019, 07:12 AM   #191
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Do I have anything to worry about on the chain for a 2016 328i with xDrive? Should I stay away from the start/stop function?
No
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      09-03-2019, 11:33 AM   #192
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Do I have anything to worry about on the chain for a 2016 328i with xDrive? Should I stay away from the start/stop function?
No. Yes.
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      09-03-2019, 01:44 PM   #193
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Originally Posted by MyEvo8u View Post
Just an update, BMW USA followed up stating due to my mileage they will not cover anything on the repair. Unfortunately, I am not going to put 8 grand into a car that is 6 years old.

Absolutely insane that this is a known issue and only effect certain cars same exact failure.

I know many people have wonderful experiences with BMW, but this will prob be the first and the last unless the dealer can work something out which is highly unlikely.
I went to my mechanic last week to check the timing chain, he told me that it seems fine (he checked from the oil cap area where you see the plastic orange timing chain).
Would it show wear from there?
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      09-03-2019, 04:18 PM   #194
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Originally Posted by Nyc212 View Post
I went to my mechanic last week to check the timing chain, he told me that it seems fine (he checked from the oil cap area where you see the plastic orange timing chain).
Would it show wear from there?
I'm still new to BMW but from my experience with VW you cannot accurately gauge the state of a timing chain by looking at a part of it. In Vagcom you can measure how extended the timing chain tensioner is which would give you an indication of health. If the tensioner is further out than normal you can assume that the link pins in the chain are worn and the chain has "grown".

I'm not sure if it's possible to view the position of the chain tensioner with BMW diagnostic software, but someone more knowledgeable than me can chime in on it.
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      09-04-2019, 11:55 AM   #195
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No. Yes.
Hey so my car was made on 09/15 - its a MUE 2016 BMW 328i x drive - I'll probably have the chain looked at regardless but I just want to double check.

So far I saw the BMW warranty on this issue went to the 02/15 builds but not the 09/15 builds - do you think they corrected the issue for that LCI?

The car is at the dreaded 69,000 mark but carfax was perfect, it had an oil change off the lot & every 10k before me, I will be doing them at a euro specialist at 5k miles. It starts up with no issue, drives smooth, has the typical BMW rattle but it sounds normal from what I've heard. No warning lights popping, no stalls or anything like that, I let her warm up for at least 5 minutes before driving for the most part.

I used the start/stop a few times to check it out, IDK why they went with that bc its pretty obvious that much starting and stopping will wear something out. I don't know how to code it off but my car always has it off as the standard so thats good.

Not to be annoying but - honestly, can I sleep at night? This is my first BMW, I love it to death, I plan on being a BMW lifer, don't want this issue to get in the way of the enjoyment of this car.
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      09-04-2019, 03:07 PM   #196
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Quote:
Originally Posted by MattyBeams View Post
Hey so my car was made on 09/15 - its a MUE 2016 BMW 328i x drive - I'll probably have the chain looked at regardless but I just want to double check.

So far I saw the BMW warranty on this issue went to the 02/15 builds but not the 09/15 builds - do you think they corrected the issue for that LCI?

The car is at the dreaded 69,000 mark but carfax was perfect, it had an oil change off the lot & every 10k before me, I will be doing them at a euro specialist at 5k miles. It starts up with no issue, drives smooth, has the typical BMW rattle but it sounds normal from what I've heard. No warning lights popping, no stalls or anything like that, I let her warm up for at least 5 minutes before driving for the most part.

I used the start/stop a few times to check it out, IDK why they went with that bc its pretty obvious that much starting and stopping will wear something out. I don't know how to code it off but my car always has it off as the standard so thats good.

Not to be annoying but - honestly, can I sleep at night? This is my first BMW, I love it to death, I plan on being a BMW lifer, don't want this issue to get in the way of the enjoyment of this car.
I think you're fine with having the updated parts in your 2016. The start/stop on yours doesn't need to be coded out; it remembers it when it's turned off by the button just atop your start/stop. The earlier F30s needed to have it coded. That said, with how my timing chain was starting to fail, I could see how the vast majority of people wouldn't have caught it before it happened. The sound was so ridiculously faint it could have easily been missed, and I pay very close attention to odd sounds.
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      09-04-2019, 05:08 PM   #197
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I think you're fine with having the updated parts in your 2016. The start/stop on yours doesn't need to be coded out; it remembers it when it's turned off by the button just atop your start/stop. The earlier F30s needed to have it coded. That said, with how my timing chain was starting to fail, I could see how the vast majority of people wouldn't have caught it before it happened. The sound was so ridiculously faint it could have easily been missed, and I pay very close attention to odd sounds.
Thank you for the response - I don't think so either, but yeah still going to pay close attention for any odd sounds however faint they might be.

I did bring it by a euro specialist today, he looked through the oil cap and seemed to think it looked good at first glance but they said wasn't the easiest part to get to for a closer look, we're going to run some tests: Early oil change next week at only 1000 miles since bought used to see if shavings pop up, take a look at the tensioner etc. I just need to track down a schematic so he knows exactly what he's looking at. Also want to check for cracks on the plastic parts around it, I know oil pans aren't the easiest to look at either but I'm gonna at least throw it out there so we can see if anything is in there that would block access to whatever goes on under there.

Enjoying the forums so far, sorry for anyone that has issues, hope they all get resolved - I appreciate the help everyone!
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      09-09-2019, 11:03 PM   #198
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My engine sounded like an old diesel engine before it failed. Lots of rattling around in there and a low speed acceleration really got worse over time. To the point that it would take 2-3 seconds before the engine would respond to the accelerator. My car failed at highway speed. Sputtered and turned off, left me to coast to the shoulder and that was it. It has been at the dealer since April. They want 18k to replace the engine. I told them it will sit here with the rest of the failed cars until the class action suit is resolved.

Speaking of that, if you register for a PACER account you can see everything that is going on in the case. Currently there is a telephone conference scheduled next up. BMW was supposed to answer the complaints against them a couple months ago. It has not been filed to date. Makes me wonder if they are going to settle.

Either way, here is the latest court entry for the BMW N20 class action suit...

Full docket text for document 53:
TEXT ORDER: The Court will hold a telephone conference, to be initiated by plaintiff, on 9/16/19 at 3:30pm. Parties may contact chambers at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 8/12/19. (tjg, )
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