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    • BimmerBoost has received the legal document detailing the class action suit regarding N54 defects against BMW North America

      We have received from an anonymous source the complete details about the class action suit against BMW North America containing product defect allegations on the N54 motor. Stuart Talley of Kershaw, Cutter, and Ratinoff is the lead attorney representing the lead plaintiffs/class representatives and the proposed class. This Complaint filed in the Northern District of California lists the complete and latest details of the suit against BMW having been completed on January 14, 2011. The main points of contention are defective waste gates, defective fuel pumps, turbo-lag, manipulative ECU updates, and the HPFP recall. The Plaintiffs are alleging violations of the Magnuson-Moss Act, false advertising, misrepresentation, breach of warranty, and other Statutory California Consumer Law allegations. Counsel for the Plaintiffs and proposed class is working diligently to obtain an acceptable remedy to all owners and lessees. We will keep you updated on the developments as the suit progresses and you can view the entire document here:































































      This article was originally published in forum thread: The legal document detailing the class action suit regarding N54 defects against BMWNA started by Sticky View original post
      Comments 36 Comments
      1. fundahl's Avatar
        fundahl -
        Click here to enlarge Originally Posted by DBFIU Click here to enlarge
        It's called fail.

        Click here to enlarge

        BTW that's the third one...
        Thanks a lot, DFBIU.




        Go $#@! a midget.
      1. Yomama69's Avatar
        Yomama69 -
        Click here to enlarge Originally Posted by DarkPhantom Click here to enlarge
        Wow, I read a good chunk of that and the plaintiffs do not sound happy....but then again, I wouldn't be either if I was treated that way...

        Yomama...where you been?? irc peepz callin you out.
        FBGM, son.
      1. DBFIU's Avatar
        DBFIU -
        Click here to enlarge Originally Posted by SlicktopTTZ Click here to enlarge
        Thanks a lot, DFBIU.




        Go $#@! a midget.
        Way ahead of you...
      1. metrik's Avatar
        metrik -
        Click here to enlarge Originally Posted by DBFIU Click here to enlarge
        All im saying is that some people are more forgiving when it comes to these types of defects, i.e. enthusiasts who will take their BMW with them to the grave. All other people will find this unacceptable. In either case, the lawyer is not hating anything; hes using the legal system to make BMW fix where they failed.
        I really hope that no one is so blinded by their loyalty for BMW that they think that this behavior is acceptable.

        I love my e46 M3, but the company that created it doesn't exist anymore.
      1. DBFIU's Avatar
        DBFIU -
        Youd be surprised how stubborn people can be to not giving up on a brand.

        Domestics owners are notorious for this. Havent you ever spoken to a chevy owner that wouldnt buy anything else because its not a chevy? There are folks like that, not many; but they exist. In any case, this problem is so widespread that those folks make up a tiny portion of the people who dont mind going through 4 pumps. I've gone through 1, it wasnt a big deal for me; but for someone who bought his brand new 535 fully loaded and gets a check engine light after 2000 miles, I can completely understand.


        EDIT: Ive said before many times, it was BMWs biggest mistake to let this small HPFP problem slip by them. They have all the money and resources to fix it, if this was toyota you're damn right the problem would have been fixed in 2 weeks tops. BMW has become so snobby as of late that they think they can give us 'software updates' to fix the problem. Ok, nice try, but its been 4 years now. This lawsuit should have been presented to them 3.5 years ago.
      1. us23686's Avatar
        us23686 -
        Man, I would love it if someone could give me some rep points. Apparently you can't view certain threads on this website unless you have 10 rep points, but, you also can't help other people get rep points until you have at least 100 rep points. Let's think, if everyone on here starts with 0 rep points, how would anyone ever get rep points?
      1. DBFIU's Avatar
        DBFIU -
        It's easy, just earn your first 10 rep points. Here's 5 for starters.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by metrik Click here to enlarge
        I love my e46 M3, but the company that created it doesn't exist anymore.
        RIGHT ON THE MONEY! Nominated for quote of the year for 2011.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by us23686 Click here to enlarge
        Man, I would love it if someone could give me some rep points. Apparently you can't view certain threads on this website unless you have 10 rep points, but, you also can't help other people get rep points until you have at least 100 rep points. Let's think, if everyone on here starts with 0 rep points, how would anyone ever get rep points?
        Try reading, you get points for posting and creating threads. Let's keep rep discussion where it belongs: http://www.bimmerboost.com/showthrea...s-been-enabled

        Some features are for contributing members.
      1. alq80's Avatar
        alq80 -
        Click here to enlarge Originally Posted by metrik Click here to enlarge
        I really hope that no one is so blinded by their loyalty for BMW that they think that this behavior is acceptable.

        I love my e46 M3, but the company that created it doesn't exist anymore.
        I see what you are saying, but also, at the same time it's a little harsh. I still think that the e46 is the most attractive BMW ever made (more than just looks), but every performance vehicle is going to have its problems. And while I love my N54 and it has brought me great Joy, the one time they replaced my HPFP the engine warned me before I even got long cranks. Also, the dealer allowed me to keep old software telling me that the new software would affect performance and I am greatful for that. The other thing is that we are in an active community and we keep up with $#@! like this and so, it gets to us. But, I know 3 other people who own 335i's and they are running just fine, no HPFP problems.

        It seems to me that we are hating on the company that is bringing us some of the greatest vehicles out there and while this sounds biased, I assure you, it is. I love BMW, that's why I bought their cars, and so long as they cater to my needs when something goes wrong with the car I bought from them, I will continue to buy from them. And, 50,000 Miles full warranty is absolutely amazing... I have not yet paid a cent on fixing anything wrong with the car.

        BUT, it's annoying LOL!
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by alq80 Click here to enlarge
        I see what you are saying, but also, at the same time it's a little harsh. I still think that the e46 is the most attractive BMW ever made (more than just looks), but every performance vehicle is going to have its problems. And while I love my N54 and it has brought me great Joy, the one time they replaced my HPFP the engine warned me before I even got long cranks. Also, the dealer allowed me to keep old software telling me that the new software would affect performance and I am greatful for that. The other thing is that we are in an active community and we keep up with $#@! like this and so, it gets to us. But, I know 3 other people who own 335i's and they are running just fine, no HPFP problems.
        It really isn't that harsh, this is no longer the same BMW. They just care about the bottom line, period. If they could get away with not replacing the HPFP's they would do it even knowing they are defective.
      1. Yomama69's Avatar
        Yomama69 -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        It really isn't that harsh, this is no longer the same BMW. They just care about the bottom line, period. If they could get away with not replacing the HPFP's they would do it even knowing they are defective.
        +1
        Click here to enlarge Originally Posted by alq80 Click here to enlarge
        I see what you are saying, but also, at the same time it's a little harsh. I still think that the e46 is the most attractive BMW ever made (more than just looks), but every performance vehicle is going to have its problems. And while I love my N54 and it has brought me great Joy, the one time they replaced my HPFP the engine warned me before I even got long cranks. Also, the dealer allowed me to keep old software telling me that the new software would affect performance and I am greatful for that. The other thing is that we are in an active community and we keep up with $#@! like this and so, it gets to us. But, I know 3 other people who own 335i's and they are running just fine, no HPFP problems.

        It seems to me that we are hating on the company that is bringing us some of the greatest vehicles out there and while this sounds biased, I assure you, it is. I love BMW, that's why I bought their cars, and so long as they cater to my needs when something goes wrong with the car I bought from them, I will continue to buy from them. And, 50,000 Miles full warranty is absolutely amazing... I have not yet paid a cent on fixing anything wrong with the car.

        BUT, it's annoying LOL!
        If you love the brand so much, you should see how this lawsuit is protecting the branding and forcing BMW to produce a better product. The same e46 you think is the best BMW ever made had subframe defects which there was a class action settlement on. In today's automotive market, manufacturers are forcing each other to place bad products into the marketplace by way of competition. Manufacturers release vehicles earlier than they should and lacking proper R&D, because a competitor is putting out a newer competing product. You may have had little to no issues with your car, but that doesn't mean that it is free of defective parts. As that Complaint says, BMW is evaluating propensity for failure based on past exhibited symptoms. To me, this is uncalled for. I, for one, am very displeased that my car has defective parts in it.
      1. alq80's Avatar
        alq80 -
        Click here to enlarge Originally Posted by Yomama69 Click here to enlarge
        +1

        If you love the brand so much, you should see how this lawsuit is protecting the branding and forcing BMW to produce a better product. The same e46 you think is the best BMW ever made had subframe defects which there was a class action settlement on. In today's automotive market, manufacturers are forcing each other to place bad products into the marketplace by way of competition. Manufacturers release vehicles earlier than they should and lacking proper R&D, because a competitor is putting out a newer competing product. You may have had little to no issues with your car, but that doesn't mean that it is free of defective parts. As that Complaint says, BMW is evaluating propensity for failure based on past exhibited symptoms. To me, this is uncalled for. I, for one, am very displeased that my car has defective parts in it.
        You know, you're right. So is sticky on this and although I was thinking along the lines that maybe BMW is true to their origins... But I know they haven't been as of recently and I do sympathize with those who have had less than exciting defects in ther cars.

        In retrospect, I think I was quick to type but I still hope that BMW produce something rock solid as the next 3er... And I can't believe the E9x is coming to an end!
      1. DBFIU's Avatar
        DBFIU -
        I think the suit came way to late. It's pathetic IMO that it took this long to get one together. BMW should have spent more time and development in solving the HPFP issue then issuing replacements.

        Guess what, from a public exposure perspective they probably lost a ton more money by trying to bandaid the HPFP instead of spending a little extra money initially to solve the problem.

        Like I said before, toyota or honda would never let this $#@! happen. Thats one thing japanese manufacturers have, pride in their products.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by DBFIU Click here to enlarge
        Like I said before, toyota or honda would never let this $#@! happen.
        I'm not quite so sure about that.
      1. m54b25's Avatar
        m54b25 -
        What a waste of time trying to sue for LAG! Car it's high compression 10.2:1.