Class Action Law Firm takes on BMW
10-07-2010, 12:20 PM
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Sacramento, CA (Vocus) October 5, 2010
Sacramento, California based class action law firm Kershaw, Cutter & Ratinoff, LLP, recently filed a class action lawsuit on behalf of thousands of individuals who own various BMW vehicles released between the years of 2007-2010. The lawsuit, No. CV10-2257 SI filed in the Northern District of California, seeks to compel BMW to initiate a recall in order to replace all of the high pressure fuel pumps (HPFP) in the affected vehicles.
According to the complaint, 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 dual 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.
Plaintiffs allege that 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 actually malfunctions at an alarming high rate. As a result, many BMW owners have had to repeatedly replace their fuel pumps, 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 relates to the BMW 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.
Apparently owners aren't happy. A number of user generated forums, petitions and blogs have cropped up criticizing BMW for their handling of the issue. On the BMW Blog, several consumers reported their BMW's going into 'limp mode.' They also complained of 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 charges and/or reimburse consumers for the diminution in value to the vehicles.
Kershaw, Cutter & Ratinoff have demonstrated their dedication to protecting the legal rights of consumers, as well as their ability to devote substantial resources through trials involving large corporations. Their product liability lawyers have represented thousands of victims of defective vehicles and dangerous products in cases throughout the United States, generating hundreds of millions of dollars in lawsuit recoveries for their clients and the classes they have represented.
If you would like more information on this topic, or to schedule an interview with William Kershaw, please call Taryn Smith at 916.448.9800 or 888.285.3333.
Sacramento, California based class action law firm Kershaw, Cutter & Ratinoff, LLP, recently filed a class action lawsuit on behalf of thousands of individuals who own various BMW vehicles released between the years of 2007-2010. The lawsuit, No. CV10-2257 SI filed in the Northern District of California, seeks to compel BMW to initiate a recall in order to replace all of the high pressure fuel pumps (HPFP) in the affected vehicles.
According to the complaint, 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 dual 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.
Plaintiffs allege that 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 actually malfunctions at an alarming high rate. As a result, many BMW owners have had to repeatedly replace their fuel pumps, 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 relates to the BMW 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.
Apparently owners aren't happy. A number of user generated forums, petitions and blogs have cropped up criticizing BMW for their handling of the issue. On the BMW Blog, several consumers reported their BMW's going into 'limp mode.' They also complained of 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 charges and/or reimburse consumers for the diminution in value to the vehicles.
Kershaw, Cutter & Ratinoff have demonstrated their dedication to protecting the legal rights of consumers, as well as their ability to devote substantial resources through trials involving large corporations. Their product liability lawyers have represented thousands of victims of defective vehicles and dangerous products in cases throughout the United States, generating hundreds of millions of dollars in lawsuit recoveries for their clients and the classes they have represented.
If you would like more information on this topic, or to schedule an interview with William Kershaw, please call Taryn Smith at 916.448.9800 or 888.285.3333.
And Second Lawsuit
http://www.dailyfinance.com/story/au...tion/19665321/
10-07-2010, 12:39 PM
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I think this was posted once before.....
10-07-2010, 12:41 PM
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Interesting.
The thing you should know about consumer class action lawsuits filed by private law firms is that generally, the consumers get squat but the plaintiffs' law firm gets wealthy as part of the inevitable settlement that most corporate defendants end up entering into. One thing is for sure: the ones who will end up paying for this lawsuit are the loyal customers of BMW when BMW passes along its losses on the lawsuit in the form of higher prices.
The thing you should know about consumer class action lawsuits filed by private law firms is that generally, the consumers get squat but the plaintiffs' law firm gets wealthy as part of the inevitable settlement that most corporate defendants end up entering into. One thing is for sure: the ones who will end up paying for this lawsuit are the loyal customers of BMW when BMW passes along its losses on the lawsuit in the form of higher prices.
10-07-2010, 03:37 PM
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Not happy about this at all. We choose BMW because of their attention to detail, innovations and leadership.
Now they are saving every cent, using crappy parts from crappy suppliers and here we are. Brake assistant then, fuel pump now, software-fixed turbocharger... What's next? Yes, problems happen, and the automobile industry is broken. But that's not an excuse.
I guess there's no perfect car. It's just that BMWs at least still suck less than everything else.
Now they are saving every cent, using crappy parts from crappy suppliers and here we are. Brake assistant then, fuel pump now, software-fixed turbocharger... What's next? Yes, problems happen, and the automobile industry is broken. But that's not an excuse.
I guess there's no perfect car. It's just that BMWs at least still suck less than everything else.
10-07-2010, 03:51 PM
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Interesting.
The thing you should know about consumer class action lawsuits filed by private law firms is that generally, the consumers get squat but the plaintiffs' law firm gets wealthy as part of the inevitable settlement that most corporate defendants end up entering into. One thing is for sure: the ones who will end up paying for this lawsuit are the loyal customers of BMW when BMW passes along its losses on the lawsuit in the form of higher prices.
The thing you should know about consumer class action lawsuits filed by private law firms is that generally, the consumers get squat but the plaintiffs' law firm gets wealthy as part of the inevitable settlement that most corporate defendants end up entering into. One thing is for sure: the ones who will end up paying for this lawsuit are the loyal customers of BMW when BMW passes along its losses on the lawsuit in the form of higher prices.
Interesting feedback Scott. Ironic how things work if the suit settles in the "consumers" side.
10-07-2010, 07:23 PM
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My first failure was on the road at 500 miles of ownership. Failures in Delaware, South Carolina and Florida. My car was reprogrammed, and I was accused of using "bad gas." Possibly five times at the dealer before the first scheduled maintenance. Probably should have "lemoned" the car. Always the same issue, alway the engine light with reduced power, usually while at highway speeds. Limping the car home for many hours and hundreds of miles, hours on the road to get the car to the dealer (over an hour away). I am not a lawyer, and I know what class action suits don't do for the consumer. But BMW has blundered badly, and should not get out of this one unscathed.
Car is running well now. But always in the back of my mind...
Car is running well now. But always in the back of my mind...
10-08-2010, 02:38 AM
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"bad gas" is their cop out! I was accused of the same when I use shell V-power all the time. Then they said we recommend Shell and I said "That's all I use". I tell ya, any escuse!!!!
10-16-2010, 09:13 PM
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just out of curiosity I contacted the Kershaw, Cutter & Ratinoff, Law firm regarding their class action law suit..
initial response from the firm:
"Thank you for contacting us about our case against BMW. Presently, our case only seeks to represent a class of California residents; however, we are currently in the process of expanding our case to include non-California residents as well. In order to do this, we are interested in speaking with any affected consumers who do not reside in California. It will help us if you could let us know where you live and where you purchased your vehicle. Once we obtain this information from everyone who has contacted us, we will provide you with an update on the status of our case.
Thank you.
Stuart C. Talley
stalley@kcrlegal.com
401 Watt Ave.
Sacramento, California 95864
Phone 1-916-448-9800
Fax 1-916-669-4499
http://www.kcrlegal.com "
initial response from the firm:
"Thank you for contacting us about our case against BMW. Presently, our case only seeks to represent a class of California residents; however, we are currently in the process of expanding our case to include non-California residents as well. In order to do this, we are interested in speaking with any affected consumers who do not reside in California. It will help us if you could let us know where you live and where you purchased your vehicle. Once we obtain this information from everyone who has contacted us, we will provide you with an update on the status of our case.
Thank you.
Stuart C. Talley
stalley@kcrlegal.com
401 Watt Ave.
Sacramento, California 95864
Phone 1-916-448-9800
Fax 1-916-669-4499
http://www.kcrlegal.com "
10-18-2010, 09:47 AM
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Interesting.
The thing you should know about consumer class action lawsuits filed by private law firms is that generally, the consumers get squat but the plaintiffs' law firm gets wealthy as part of the inevitable settlement that most corporate defendants end up entering into. One thing is for sure: the ones who will end up paying for this lawsuit are the loyal customers of BMW when BMW passes along its losses on the lawsuit in the form of higher prices.
The thing you should know about consumer class action lawsuits filed by private law firms is that generally, the consumers get squat but the plaintiffs' law firm gets wealthy as part of the inevitable settlement that most corporate defendants end up entering into. One thing is for sure: the ones who will end up paying for this lawsuit are the loyal customers of BMW when BMW passes along its losses on the lawsuit in the form of higher prices.
Something else people need to think about - BMW is in this to make money. So is the supplier of the HPFP. When the supplier of the HPFP sends a case of pumps off to BMW for certification, no doubt they've put their best foot forward with the product. After they win the bid, they still need to produce the part, but they are just assembly line parts, not hand picked and thoroughly gone over pieces. There are bound to be failures but that's the cost of doing business and making a profit. Every company does it, not just BMW. And sometimes you end up with a little poo on your shoes because of it.