OT: BMW with N54 engine….Class action suit/recall….

[Coronita]

Public service announcement…Just got this campaign mailer in my email, from a few enthusiast colleagues, who wanted this to be passed along….

In CA there is a pending class action lawsuit against BMW over blown fuel pumps on vehicles with the N54 engine….

In case you’re one of the unfortunate souls that took the gamble with Bimmer’s twin turbo between MY07-10, the class suit is here.

http://www.kcrlegal.com/BMW-faulty-turbo-charger-lawsuit.aspx

Apparently this is turning into BMW’s nightmare….
N55 engines currently are not suspect (MY 2011+ with the single turbo/twin scroll)…

Normally, a recall wouldn’t attract that much attention. But the N54 was a widespread engine was used in the 135,335,535, X6,Z4-s35 and BMW’s apparent hush-hush to detune the engine with a software fix to avoid one problem….Anyway, good luck folks if you’re one of the unfortunate souls…. (And, no I am not part of this suit and nor am I shelling for the class suit)….

Kershaw, Cutter & Ratinoff recently filed suit against BMW on behalf of thousands of consumers who purchased various BMW models released from 2007-2010.

The lawsuit alleges that in 2006, BMW announced with much fanfare the development of its new N54 twin turbo engine. BMW touted the new engine as incorporating state of the art technology that included “twin” turbo chargers and a newly developed fuel injection system. BMW represented to the public that this new technology would eliminate “turbo lag,” a common problem in turbocharged vehicles, and that its new state of the art fuel injection system greatly increased the performance and fuel efficiency of its vehicles.

According to the complaint, the new engines that were so highly touted by BMW in fact contain serious design flaws that render the vehicles unsafe to drive. There are essentially two design flaws at the center of the case. First, the plaintiff asserts that BMW’s new fuel injection system that supposedly incorporates a new “state of the art” fuel pump has design defects that cause the pumps to malfunction at an alarming high rate. As a result, many BMW owners have had to repeatedly replace their high pressure fuel pumps (HPFP), sometimes within 1,000 miles of vehicle ownership.

Lead attorney on the case, Stuart Talley of Kershaw, Cutter & Ratinoff, noted, “When these fuel pumps fail, the car comes to a complete stop or loses substantial power. If this happens while someone is driving on a highway at high speeds, this can create a very serious safety hazard. We believe the defect is so significant that it makes these cars unsafe to drive.”

The second problem relating to BMW’s fuel pump relates to its turbo chargers. Specifically, the complaint alleges that owners of the affected vehicles were told that BMW’s new engine had eliminated “turbo lag.” “Turbo lag” is the delay between the time that driver of a vehicle presses the accelerator and the time that turbo chargers on the engine essentially “kick in” to provide added power to the engine. However, shortly after the vehicles were released, BMW began to receive complaints from owners that they were hearing strange noises from the engine along with a delay in throttle response. BMW eventually discovered that these problems were the result of a design defect in the turbo chargers.

Plaintiffs allege, however, that rather than repair the defective turbo chargers, BMW implemented a secret “software fix” to hide the problems from consumers. Any time a consumer brought their BMW in for repair or routine maintenance, BMW would “upgrade” the vehicle’s software. This software tweak kept the turbo chargers from operating at full capacity, ensuring that their defects would go undetected. Consequently, consumers noticed a decrease in their vehicles’ performance.

Understandably, owners aren’t happy. A number of user generated petitions, forums and blogs have cropped up criticizing BMW for their handling of the issue. As reported on the BMW Blog, several consumers reported their BMW’s going into “limp mode.” They also reported excessive power loss and “turbo lag,” the very condition BMW said it had eliminated with its “state of the art engine.”

The plaintiff’s complaint seeks to force BMW to repair the defective turbo chargers and/or reimburse consumers for the diminution in value to the vehicles.

If you own a BMW model released between the years of 2007-2010, we would like to hear from you. Please contact us for a free and confidential case evaluation with one of our product liability attorneys by calling 888-285-3333.

[Coronita]

It should be noted that BMW issued a recall on these vehicles, BUT it appears that the recall “fix” is to detune the engine…….

26.10.2010
* Press Release

Woodcliff Lake, NJ – October 26, 2010… BMW of North America has notified the US Environmental Protection Agency (EPA) of its intent to conduct a voluntary recall of some model year 2007-2010 BMWs equipped with twin-turbo inline six-cylinder engines, all of which feature BMW’s High Precision Injection direct fuel injection system. It has also asked for approval from the California Air Resources Board to conduct this action. Affected vehicles may experience a failure of the high-pressure fuel pump.
Symptoms include long-crank engine starting times along with the illumination of the “Service Engine Soon” light. In certain cases, the driver may experience reduced engine performance in a Safe Mode accompanied by a tone and the illumination of the “Engine Malfunction” light.

Based on the individual service history of the vehicle, the action will entail replacement of the high-pressure fuel pump and/or a software update.

Approximately 130,000 vehicles are potentially affected with about 40,000 expected to require a new high pressure fuel pump. Affected BMW models include:

* MY 2007–2010 335i models.
* MY 2008–2010 135i, 535i and X6 xDrive35i Sports Activity Coupes
* MY 2009 – 2010 Z4 Roadster sDrive35i

In a separate action, BMW has notified the National Highway Traffic Safety Administration (NHTSA) that it will voluntarily recall approximately 20,800 MY 2008 X5 Sports Activity Vehicles equipped with normally-aspirated inline six-cylinder engines to replace the low-pressure fuel pump. In this case, should the fuel pump experience a failure, the engine will stop running and the driver will lose power assist for the steering and brakes although both the steering and the brakes remain operational.

Letters will be sent by First Class mail to owners of affected vehicles in the coming weeks, requesting the scheduling of a service appointment with an Authorized BMW Center to have the update performed.
No injuries have been reported with either of these issues.

In the case of either issue, if the customer experiences a problem, they should contact their authorized BMW Center. Customers with additional questions should contact BMW Customer Relations at 1-800-563-4269 or email [email protected].

[Coronita]

It should be noted that BMW issued a recall on these vehicles, BUT it appears that the recall “fix” is to detune the engine…….

26.10.2010
* Press Release

Woodcliff Lake, NJ – October 26, 2010… BMW of North America has notified the US Environmental Protection Agency (EPA) of its intent to conduct a voluntary recall of some model year 2007-2010 BMWs equipped with twin-turbo inline six-cylinder engines, all of which feature BMW’s High Precision Injection direct fuel injection system. It has also asked for approval from the California Air Resources Board to conduct this action. Affected vehicles may experience a failure of the high-pressure fuel pump.
Symptoms include long-crank engine starting times along with the illumination of the “Service Engine Soon” light. In certain cases, the driver may experience reduced engine performance in a Safe Mode accompanied by a tone and the illumination of the “Engine Malfunction” light.

Based on the individual service history of the vehicle, the action will entail replacement of the high-pressure fuel pump and/or a software update.

Approximately 130,000 vehicles are potentially affected with about 40,000 expected to require a new high pressure fuel pump. Affected BMW models include:

* MY 2007–2010 335i models.
* MY 2008–2010 135i, 535i and X6 xDrive35i Sports Activity Coupes
* MY 2009 – 2010 Z4 Roadster sDrive35i

In a separate action, BMW has notified the National Highway Traffic Safety Administration (NHTSA) that it will voluntarily recall approximately 20,800 MY 2008 X5 Sports Activity Vehicles equipped with normally-aspirated inline six-cylinder engines to replace the low-pressure fuel pump. In this case, should the fuel pump experience a failure, the engine will stop running and the driver will lose power assist for the steering and brakes although both the steering and the brakes remain operational.

Letters will be sent by First Class mail to owners of affected vehicles in the coming weeks, requesting the scheduling of a service appointment with an Authorized BMW Center to have the update performed.
No injuries have been reported with either of these issues.

In the case of either issue, if the customer experiences a problem, they should contact their authorized BMW Center. Customers with additional questions should contact BMW Customer Relations at 1-800-563-4269 or email [email protected].

[Coronita]

It should be noted that BMW issued a recall on these vehicles, BUT it appears that the recall “fix” is to detune the engine…….

26.10.2010
* Press Release

Woodcliff Lake, NJ – October 26, 2010… BMW of North America has notified the US Environmental Protection Agency (EPA) of its intent to conduct a voluntary recall of some model year 2007-2010 BMWs equipped with twin-turbo inline six-cylinder engines, all of which feature BMW’s High Precision Injection direct fuel injection system. It has also asked for approval from the California Air Resources Board to conduct this action. Affected vehicles may experience a failure of the high-pressure fuel pump.
Symptoms include long-crank engine starting times along with the illumination of the “Service Engine Soon” light. In certain cases, the driver may experience reduced engine performance in a Safe Mode accompanied by a tone and the illumination of the “Engine Malfunction” light.

Based on the individual service history of the vehicle, the action will entail replacement of the high-pressure fuel pump and/or a software update.

Approximately 130,000 vehicles are potentially affected with about 40,000 expected to require a new high pressure fuel pump. Affected BMW models include:

* MY 2007–2010 335i models.
* MY 2008–2010 135i, 535i and X6 xDrive35i Sports Activity Coupes
* MY 2009 – 2010 Z4 Roadster sDrive35i

In a separate action, BMW has notified the National Highway Traffic Safety Administration (NHTSA) that it will voluntarily recall approximately 20,800 MY 2008 X5 Sports Activity Vehicles equipped with normally-aspirated inline six-cylinder engines to replace the low-pressure fuel pump. In this case, should the fuel pump experience a failure, the engine will stop running and the driver will lose power assist for the steering and brakes although both the steering and the brakes remain operational.

Letters will be sent by First Class mail to owners of affected vehicles in the coming weeks, requesting the scheduling of a service appointment with an Authorized BMW Center to have the update performed.
No injuries have been reported with either of these issues.

In the case of either issue, if the customer experiences a problem, they should contact their authorized BMW Center. Customers with additional questions should contact BMW Customer Relations at 1-800-563-4269 or email [email protected].

[Coronita]

It should be noted that BMW issued a recall on these vehicles, BUT it appears that the recall “fix” is to detune the engine…….

26.10.2010
* Press Release

Woodcliff Lake, NJ – October 26, 2010… BMW of North America has notified the US Environmental Protection Agency (EPA) of its intent to conduct a voluntary recall of some model year 2007-2010 BMWs equipped with twin-turbo inline six-cylinder engines, all of which feature BMW’s High Precision Injection direct fuel injection system. It has also asked for approval from the California Air Resources Board to conduct this action. Affected vehicles may experience a failure of the high-pressure fuel pump.
Symptoms include long-crank engine starting times along with the illumination of the “Service Engine Soon” light. In certain cases, the driver may experience reduced engine performance in a Safe Mode accompanied by a tone and the illumination of the “Engine Malfunction” light.

Based on the individual service history of the vehicle, the action will entail replacement of the high-pressure fuel pump and/or a software update.

Approximately 130,000 vehicles are potentially affected with about 40,000 expected to require a new high pressure fuel pump. Affected BMW models include:

* MY 2007–2010 335i models.
* MY 2008–2010 135i, 535i and X6 xDrive35i Sports Activity Coupes
* MY 2009 – 2010 Z4 Roadster sDrive35i

In a separate action, BMW has notified the National Highway Traffic Safety Administration (NHTSA) that it will voluntarily recall approximately 20,800 MY 2008 X5 Sports Activity Vehicles equipped with normally-aspirated inline six-cylinder engines to replace the low-pressure fuel pump. In this case, should the fuel pump experience a failure, the engine will stop running and the driver will lose power assist for the steering and brakes although both the steering and the brakes remain operational.

Letters will be sent by First Class mail to owners of affected vehicles in the coming weeks, requesting the scheduling of a service appointment with an Authorized BMW Center to have the update performed.
No injuries have been reported with either of these issues.

In the case of either issue, if the customer experiences a problem, they should contact their authorized BMW Center. Customers with additional questions should contact BMW Customer Relations at 1-800-563-4269 or email [email protected].

[Coronita]

It should be noted that BMW issued a recall on these vehicles, BUT it appears that the recall “fix” is to detune the engine…….

26.10.2010
* Press Release

Woodcliff Lake, NJ – October 26, 2010… BMW of North America has notified the US Environmental Protection Agency (EPA) of its intent to conduct a voluntary recall of some model year 2007-2010 BMWs equipped with twin-turbo inline six-cylinder engines, all of which feature BMW’s High Precision Injection direct fuel injection system. It has also asked for approval from the California Air Resources Board to conduct this action. Affected vehicles may experience a failure of the high-pressure fuel pump.
Symptoms include long-crank engine starting times along with the illumination of the “Service Engine Soon” light. In certain cases, the driver may experience reduced engine performance in a Safe Mode accompanied by a tone and the illumination of the “Engine Malfunction” light.

Based on the individual service history of the vehicle, the action will entail replacement of the high-pressure fuel pump and/or a software update.

Approximately 130,000 vehicles are potentially affected with about 40,000 expected to require a new high pressure fuel pump. Affected BMW models include:

* MY 2007–2010 335i models.
* MY 2008–2010 135i, 535i and X6 xDrive35i Sports Activity Coupes
* MY 2009 – 2010 Z4 Roadster sDrive35i

In a separate action, BMW has notified the National Highway Traffic Safety Administration (NHTSA) that it will voluntarily recall approximately 20,800 MY 2008 X5 Sports Activity Vehicles equipped with normally-aspirated inline six-cylinder engines to replace the low-pressure fuel pump. In this case, should the fuel pump experience a failure, the engine will stop running and the driver will lose power assist for the steering and brakes although both the steering and the brakes remain operational.

Letters will be sent by First Class mail to owners of affected vehicles in the coming weeks, requesting the scheduling of a service appointment with an Authorized BMW Center to have the update performed.
No injuries have been reported with either of these issues.

In the case of either issue, if the customer experiences a problem, they should contact their authorized BMW Center. Customers with additional questions should contact BMW Customer Relations at 1-800-563-4269 or email [email protected].

[temeculaguy]

Slightly off topic question for you flu, since you know more about bmw’s than anyone I know. I’m car shopping and bmw is one of 5 vehicle on my short list. It’s not for my daily driver, so milege and maintenance isn’t a huge consideration, but the cost of maintenance on bmw’s scare the crap out of me. I had a mercedes in the past and it had the same problem, everything cost 2-3x what it would on another car. I couldn’t get a $40 costco battery, I had to pay $120, headlights, same delio.

Is there a cheaper way around this, are certain mechanics and dealers just jacking up the price or do the parts cost that much more? I was talking to one salesman who was clearly trying to steer me into a 5 series, instead of a 6 or 7 and he alledged the maint cost on the 7 and especially the 6 was almost double that of the 3 and 5. Does that make any sense to you or was he full of crap?

I’m a big dude, 6ft, 200, the c class and 3 series are just uncomfortable. I like ragtops, the 6 convertible circa 2004/5 at about 30k is my #1 choice. MBZ clk ragtop is a little smallish but still has a reasonable backseat. The mbz cls is also a beauty, I’d go hardtop for a cls, cause it looks like a 6 but has 4 doors. The smart 30k would go certified pre-owned on a lexus or infiniti and the absolute smartest for me would be an acura TL because they actually have an acura dealership in town, but I don’t want to be smart.

Warranties are a bit of a waste for me because I put 5k mi a year on a car and I keep them a while. I still need 4 seats. What would you do, would you buy a 5 y.o BMW with say, 50k miles on it, what are your thoughts on the 6 series? I saw a great 6 convert for less that 25k that had a 100k miles on it, so tempting but scary at the same time, i really dont like spending thousands at the shop for stuff that would cost a few hundred on any other car.

[temeculaguy]

Slightly off topic question for you flu, since you know more about bmw’s than anyone I know. I’m car shopping and bmw is one of 5 vehicle on my short list. It’s not for my daily driver, so milege and maintenance isn’t a huge consideration, but the cost of maintenance on bmw’s scare the crap out of me. I had a mercedes in the past and it had the same problem, everything cost 2-3x what it would on another car. I couldn’t get a $40 costco battery, I had to pay $120, headlights, same delio.

Is there a cheaper way around this, are certain mechanics and dealers just jacking up the price or do the parts cost that much more? I was talking to one salesman who was clearly trying to steer me into a 5 series, instead of a 6 or 7 and he alledged the maint cost on the 7 and especially the 6 was almost double that of the 3 and 5. Does that make any sense to you or was he full of crap?

I’m a big dude, 6ft, 200, the c class and 3 series are just uncomfortable. I like ragtops, the 6 convertible circa 2004/5 at about 30k is my #1 choice. MBZ clk ragtop is a little smallish but still has a reasonable backseat. The mbz cls is also a beauty, I’d go hardtop for a cls, cause it looks like a 6 but has 4 doors. The smart 30k would go certified pre-owned on a lexus or infiniti and the absolute smartest for me would be an acura TL because they actually have an acura dealership in town, but I don’t want to be smart.

Warranties are a bit of a waste for me because I put 5k mi a year on a car and I keep them a while. I still need 4 seats. What would you do, would you buy a 5 y.o BMW with say, 50k miles on it, what are your thoughts on the 6 series? I saw a great 6 convert for less that 25k that had a 100k miles on it, so tempting but scary at the same time, i really dont like spending thousands at the shop for stuff that would cost a few hundred on any other car.

[temeculaguy]

Slightly off topic question for you flu, since you know more about bmw’s than anyone I know. I’m car shopping and bmw is one of 5 vehicle on my short list. It’s not for my daily driver, so milege and maintenance isn’t a huge consideration, but the cost of maintenance on bmw’s scare the crap out of me. I had a mercedes in the past and it had the same problem, everything cost 2-3x what it would on another car. I couldn’t get a $40 costco battery, I had to pay $120, headlights, same delio.

Is there a cheaper way around this, are certain mechanics and dealers just jacking up the price or do the parts cost that much more? I was talking to one salesman who was clearly trying to steer me into a 5 series, instead of a 6 or 7 and he alledged the maint cost on the 7 and especially the 6 was almost double that of the 3 and 5. Does that make any sense to you or was he full of crap?

I’m a big dude, 6ft, 200, the c class and 3 series are just uncomfortable. I like ragtops, the 6 convertible circa 2004/5 at about 30k is my #1 choice. MBZ clk ragtop is a little smallish but still has a reasonable backseat. The mbz cls is also a beauty, I’d go hardtop for a cls, cause it looks like a 6 but has 4 doors. The smart 30k would go certified pre-owned on a lexus or infiniti and the absolute smartest for me would be an acura TL because they actually have an acura dealership in town, but I don’t want to be smart.

Warranties are a bit of a waste for me because I put 5k mi a year on a car and I keep them a while. I still need 4 seats. What would you do, would you buy a 5 y.o BMW with say, 50k miles on it, what are your thoughts on the 6 series? I saw a great 6 convert for less that 25k that had a 100k miles on it, so tempting but scary at the same time, i really dont like spending thousands at the shop for stuff that would cost a few hundred on any other car.

[temeculaguy]

Slightly off topic question for you flu, since you know more about bmw’s than anyone I know. I’m car shopping and bmw is one of 5 vehicle on my short list. It’s not for my daily driver, so milege and maintenance isn’t a huge consideration, but the cost of maintenance on bmw’s scare the crap out of me. I had a mercedes in the past and it had the same problem, everything cost 2-3x what it would on another car. I couldn’t get a $40 costco battery, I had to pay $120, headlights, same delio.

Is there a cheaper way around this, are certain mechanics and dealers just jacking up the price or do the parts cost that much more? I was talking to one salesman who was clearly trying to steer me into a 5 series, instead of a 6 or 7 and he alledged the maint cost on the 7 and especially the 6 was almost double that of the 3 and 5. Does that make any sense to you or was he full of crap?

I’m a big dude, 6ft, 200, the c class and 3 series are just uncomfortable. I like ragtops, the 6 convertible circa 2004/5 at about 30k is my #1 choice. MBZ clk ragtop is a little smallish but still has a reasonable backseat. The mbz cls is also a beauty, I’d go hardtop for a cls, cause it looks like a 6 but has 4 doors. The smart 30k would go certified pre-owned on a lexus or infiniti and the absolute smartest for me would be an acura TL because they actually have an acura dealership in town, but I don’t want to be smart.

Warranties are a bit of a waste for me because I put 5k mi a year on a car and I keep them a while. I still need 4 seats. What would you do, would you buy a 5 y.o BMW with say, 50k miles on it, what are your thoughts on the 6 series? I saw a great 6 convert for less that 25k that had a 100k miles on it, so tempting but scary at the same time, i really dont like spending thousands at the shop for stuff that would cost a few hundred on any other car.

[temeculaguy]

Slightly off topic question for you flu, since you know more about bmw’s than anyone I know. I’m car shopping and bmw is one of 5 vehicle on my short list. It’s not for my daily driver, so milege and maintenance isn’t a huge consideration, but the cost of maintenance on bmw’s scare the crap out of me. I had a mercedes in the past and it had the same problem, everything cost 2-3x what it would on another car. I couldn’t get a $40 costco battery, I had to pay $120, headlights, same delio.

Is there a cheaper way around this, are certain mechanics and dealers just jacking up the price or do the parts cost that much more? I was talking to one salesman who was clearly trying to steer me into a 5 series, instead of a 6 or 7 and he alledged the maint cost on the 7 and especially the 6 was almost double that of the 3 and 5. Does that make any sense to you or was he full of crap?

I’m a big dude, 6ft, 200, the c class and 3 series are just uncomfortable. I like ragtops, the 6 convertible circa 2004/5 at about 30k is my #1 choice. MBZ clk ragtop is a little smallish but still has a reasonable backseat. The mbz cls is also a beauty, I’d go hardtop for a cls, cause it looks like a 6 but has 4 doors. The smart 30k would go certified pre-owned on a lexus or infiniti and the absolute smartest for me would be an acura TL because they actually have an acura dealership in town, but I don’t want to be smart.

Warranties are a bit of a waste for me because I put 5k mi a year on a car and I keep them a while. I still need 4 seats. What would you do, would you buy a 5 y.o BMW with say, 50k miles on it, what are your thoughts on the 6 series? I saw a great 6 convert for less that 25k that had a 100k miles on it, so tempting but scary at the same time, i really dont like spending thousands at the shop for stuff that would cost a few hundred on any other car.

[Operation]

BMW just bought back our 135i 2 weeks ago under CA Lemon Law over the HPFP on the N54 engine. I had it fail completely at high speed several times. Reduced power? HA! I had no power at all. Complete stall. The last time it all most killed me. We went through 3 fuel pumps.

The fix does reduce the HP of the engine. It was a very noticeable.

I’m glad this is getting the press it is.

[Operation]

BMW just bought back our 135i 2 weeks ago under CA Lemon Law over the HPFP on the N54 engine. I had it fail completely at high speed several times. Reduced power? HA! I had no power at all. Complete stall. The last time it all most killed me. We went through 3 fuel pumps.

The fix does reduce the HP of the engine. It was a very noticeable.

I’m glad this is getting the press it is.

[Operation]

BMW just bought back our 135i 2 weeks ago under CA Lemon Law over the HPFP on the N54 engine. I had it fail completely at high speed several times. Reduced power? HA! I had no power at all. Complete stall. The last time it all most killed me. We went through 3 fuel pumps.

The fix does reduce the HP of the engine. It was a very noticeable.

I’m glad this is getting the press it is.

[Operation]

BMW just bought back our 135i 2 weeks ago under CA Lemon Law over the HPFP on the N54 engine. I had it fail completely at high speed several times. Reduced power? HA! I had no power at all. Complete stall. The last time it all most killed me. We went through 3 fuel pumps.

The fix does reduce the HP of the engine. It was a very noticeable.

I’m glad this is getting the press it is.

[Author]

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