BMW class action suit HPP (recall issued after Good Morning America episode)
10-12-10 | 08:49 PM
#1
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BMW class action suit HPP (recall issued after Good Morning America episode)
http://www.kcrlegal.com/BMW-faulty-t...r-lawsuit.aspx
Kershaw, Cutter & Ratinoff takes on BMW in class action suit regarding defective fuel pumps and turbo chargers
October 4, 2010
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.
October 4, 2010
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.
10-12-10 | 11:06 PM
#4
Lexus Fanatic
Joined: Oct 2003
Posts: 91,712
Likes: 89
From: Virginia/D.C. suburbs
I'm generally not one to support what I consider frivolous lawsuits, but this law firm may have a legitimate case. Defective turbos, though annoying if you are a speed-freak, are probably not a serious matter, but defective fuel pumps can indeed, as the suit alleges, be a safety issue.
I myself have driven a number of newer BMWs (mostly brand-new ones for reviews), and didn't seem to experience these problems, but, admittedly, I have little or no experience with models that are not brand-new or with a number of miles on them, where problems are more likely to develop. I HAVE had some significant electrical problems in brand-new BMWs I was reviewing, though...the most significant one being defective power-seat wiring/switches on a new M3 (a $63,000 car) that did not allow the seat-switches to work properly (it took me almost 20 minutes, by fiddling on-off with the switches, to get the seat adjusted properly). The same M3 coupe also had a rear seat center arm-rest that was never installed properly....when you pulled it down, it fell right out of the seat down onto the rear-floor, leaving a big hole in the middle of the seat.
I myself have driven a number of newer BMWs (mostly brand-new ones for reviews), and didn't seem to experience these problems, but, admittedly, I have little or no experience with models that are not brand-new or with a number of miles on them, where problems are more likely to develop. I HAVE had some significant electrical problems in brand-new BMWs I was reviewing, though...the most significant one being defective power-seat wiring/switches on a new M3 (a $63,000 car) that did not allow the seat-switches to work properly (it took me almost 20 minutes, by fiddling on-off with the switches, to get the seat adjusted properly). The same M3 coupe also had a rear seat center arm-rest that was never installed properly....when you pulled it down, it fell right out of the seat down onto the rear-floor, leaving a big hole in the middle of the seat.
Last edited by mmarshall; 10-12-10 at 11:42 PM.
10-12-10 | 11:51 PM
#6
Lexus Champion
Joined: Jun 2008
Posts: 3,054
Likes: 1
From: Alberta
I borrowed my dad's X6 a couple of weeks ago while my X5 was in the shop (just for tints and window chip repairs...haha
) and sadly had to call him while on vacation to inform him that his HPFP was starting to go on it. I am blown away by the number of BMW owners that are willing to accept this known fault as "an annoyance". Imho, long starts and limp mode are a bit bigger issue. BMW's "solution" at this point was to reflash it with some new software. It is marginally better for the moment, but shockingly not solved.
My time on the internet car sites is actually paying off in this instance...lol
...as I have been able to help him out by keeping him informed and referencing all of the documented problems on the various BMW sites. 
10-12-10 | 11:58 PM
#7
Lexus Fanatic
Joined: Nov 2008
Posts: 14,100
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From: tech capital
It's mind blowing that they haven't been able to come up with something to solve this other than an extended warranty. I borrowed my dad's X6 a couple of weeks ago while my X5 was in the shop (just for tints and window chip repairs...haha ) and sadly had to call him while on vacation to inform him that his HPFP was starting to go on it. I am blown away by the number of BMW owners that are willing to accept this known fault as "an annoyance". Imho, long starts and limp mode are a bit bigger issue. BMW's "solution" at this point was to reflash it with some new software. It is marginally better for the moment, but shockingly not solved. My time on the internet car sites is actually paying off in this instance...lol ...as I have been able to help him out by keeping him informed and referencing all of the documented problems on the various BMW sites.
I borrowed my dad's X6 a couple of weeks ago while my X5 was in the shop (just for tints and window chip repairs...haha ) and sadly had to call him while on vacation to inform him that his HPFP was starting to go on it. I am blown away by the number of BMW owners that are willing to accept this known fault as "an annoyance". Imho, long starts and limp mode are a bit bigger issue. BMW's "solution" at this point was to reflash it with some new software. It is marginally better for the moment, but shockingly not solved. My time on the internet car sites is actually paying off in this instance...lol ...as I have been able to help him out by keeping him informed and referencing all of the documented problems on the various BMW sites.
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10-13-10 | 12:08 AM
#8
Lexus Fanatic
Joined: Oct 2003
Posts: 91,712
Likes: 89
From: Virginia/D.C. suburbs
I am blown away by the number of BMW owners that are willing to accept this known fault as "an annoyance". Imho, long starts and limp mode are a bit bigger issue.
BMW's "solution" at this point was to reflash it with some new software. It is marginally better for the moment, but shockingly not solved.
I agree.....computer/ECU re-flashing is not necessarily an ideal solution, but automakers tend to try that first because of its obvious low cost and ease of installation. We saw the same thing from Lexus on both the last-generation IS and ES models for quirky throttle-by-wire and automatic transmission-shift characteristics......and those re-flashes didn't work that well, either (my IS300 had one)
Last edited by mmarshall; 10-13-10 at 09:31 AM.
10-13-10 | 12:17 AM
#9
Lexus Champion
Joined: Jun 2008
Posts: 3,054
Likes: 1
From: Alberta
https://www.clublexus.com/forums/car...-hate-lol.html
They are popping up more and more up here. On a visit into Calgary to see the folks this past weekend we saw about 6 of them.
I agree.....computer/ECU re-flashing is not necessarily an ideal solution, but automakers tend to try that first because of its obvious low cost and ease of installation. We saw the same thing from Lexus on both the last-generation IS and ES models for quirky throttle-by-wire and automatic transmission-shift characteristics......and those re-flashes didn't work that well, either (my IS300 had one)
10-13-10 | 12:27 AM
#10
Lead Lap
Joined: Apr 2006
Posts: 609
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From: CA
[QUOTE=mmarshall;5859046][QUOTE] I am blown away by the number of BMW owners that are willing to accept this known fault as "an annoyance". Imho, long starts and limp mode are a bit bigger issue.
You're right......some of them can go into a trance with their vehicles. One of my neighbors (a good-looking blonde recently divorced) fell so much in love with her used X5 (even though it is now several years old) that it's almost like being drunk.
i have the same relationship with my m3 haha
i know exactly what limp mode feels like, it is an extreme loss in power and it is not a good feeling
You're right......some of them can go into a trance with their vehicles. One of my neighbors (a good-looking blonde recently divorced) fell so much in love with her used X5 (even though it is now several years old) that it's almost like being drunk.
i know exactly what limp mode feels like, it is an extreme loss in power and it is not a good feeling
10-13-10 | 02:13 AM
#11
Thanks for the post, Mike.. I recently had a BMW experience that I will not forget..
The weekend prior to this past weekend, My GF who owns an '09 335i Coupe, we was driving on I-59 South in Houston and Bling (BMW warning tone) ENGINE MALFUNCTION..!! I was driving and only moving at 70 mph.. I thought what the heck..?!? The Nav screen said REDUCED POWER along with ""Check Engine light and Service Engine Soon Indicator"". Its like you are driving along and the car had an Hiccup and then went into Limp mode. I wasn't far from the exit so i took it easy til we got off the highway, got to a gas station. Let the car sit for a few minutes before re-starting.. The Soft Reset seemed to work.. I notice the gas was low so i figured HPFP is finicky so I filled up the Tank.. It ran fine for the rest of the Afternoon. Later, that evening on the way back home - Bling (ENGINE MALFUNCTION) again.. it happened right before we were about to get on the hwy so i pulled over at a Restaurant and did another RESET.
My GF only works a few miles from home so I told her I would make an appointment with BMW ASAP and told her to drive on city streets rather than getting on the hwy until the appointment was made. The soonest BMW could get the car in with a loaner available was Thursday. The Funny thing the car didn't act up all week when she drove her 3 or 4 miles to work on city streets which worried me because you know how dealers are when you drive the car in and theres no engine light..
Thursday morning last week, After i dropped my GF at work.. Halfway to the Dealership, "Bling" ENGINE Malfunction again and this time i can tell its different as the car would want to die if I try to Maintain a speed of 70mph which was close to 2K Rpm. So I started driving at 60 mph and the car was happy with that pace being in LIMP mode. The car seemed resolved the next few miles as I tried to peddle this car as far as I can hoping it won't failed on me.. I was coming up on the outer loop of Houston and it starts to Jerk back and forth like its choking and sputtering, i thought. "oh crap" what now?!? There was no exits because I'm going thru the interchanges.. I thought a few more miles - if i can push her.. So I turned my Hazards on because the choking action has lowered my speed to the lower 50's mph and i can feel the car is dying.. it has almost no juice left so I'm looking for the next exit. I'm already planning to get off - Here some side Humor (with my hazards on and I started to call BMW on the SAT Link/phone, i'm looking around for an exit, people are flying around me, trucks honking at me, people flipping me off and screaming at me for driving 50 mph w/hazzards in the middle lane.. C'mon this is Houston, people drive really slow here and their flipping me off because I'm in a disabled car trying to get off the hwy safely before the car dies..) And i'm not even in a busy part of town.. Not to be joking on Houston people because i'm not from Houston but I have gone 60 mph on the same hwy passing everyone!!!
Anyways, back to the story. I manage to get the car off an exit and cruising on the feeder road and the car starts to choke more - and i'm moving 40 ish and going down fast now..! I see an exit turn off, i make it on the mall's parkways but still on the exit (2 lanes) the car dies and completely shuts off, the car is basically coasting - i see a Denny's drive way but the turn is too sharp onto the driveway (I have no power steering at this point so I skipped it..hoping to find a wider entrance next. Ahh i see a Rooms to go and huge driveway so i got within Inches of the driveway and the cars comes to a complete stop Within INCHES of the Entrance..!! I'm still nervous as people are exiting into the mall and there I am on the inner lane of the 2 lane exit to the mall, luckily its only 9am and theres no mall traffic at that time.. So i try to re-start the car and it cranks and dies within seconds.. I did this for 2-3 mins, felt like an eternity.. Finally i got a good crank where it was trying to stay alive (only seconds before it would die again)- i put it in drive and let it sputter and jerk me into the Rooms to Go Parking lot before it surely will die..What a miracle - I manage to drive it past 6 or 7 parking spaces before whipping it into a parking space.. Felt like a major achievement to escape a BMW Death Trap!!
The 335i breaks down within 2 miles of the dealership..I asked the Tow Truck guy, ""have you ever towed someone in who was headed to BMW Service?"" The Tow truck guy replies, "I towed BMW's all the time" LOL He speculated what he thought the problem was and I told him i read that the N54 engine has a fuel pump problem, so its pretty common and probably the case, he said, if its so common why did you buy BMW - i said, "Oh..This is my GF's car, I don't have this problem - I drive a Lexus!" The tow guy - grinns..
Dealer called me Today saying the car was ready for pickup tomorrow.. Yep, The problem Definitely was the Fuel Pump.. I heard theres no Fix for this - they will continue to replace fuel pumps until no end.. This is unacceptable for an Iconic Car maker such as BMW..(and I really loved the 335i coupe before this incident). Ultimate Driving Machine my Butt..
The weekend prior to this past weekend, My GF who owns an '09 335i Coupe, we was driving on I-59 South in Houston and Bling (BMW warning tone) ENGINE MALFUNCTION..!! I was driving and only moving at 70 mph.. I thought what the heck..?!? The Nav screen said REDUCED POWER along with ""Check Engine light and Service Engine Soon Indicator"". Its like you are driving along and the car had an Hiccup and then went into Limp mode. I wasn't far from the exit so i took it easy til we got off the highway, got to a gas station. Let the car sit for a few minutes before re-starting.. The Soft Reset seemed to work.. I notice the gas was low so i figured HPFP is finicky so I filled up the Tank.. It ran fine for the rest of the Afternoon. Later, that evening on the way back home - Bling (ENGINE MALFUNCTION) again.. it happened right before we were about to get on the hwy so i pulled over at a Restaurant and did another RESET.
My GF only works a few miles from home so I told her I would make an appointment with BMW ASAP and told her to drive on city streets rather than getting on the hwy until the appointment was made. The soonest BMW could get the car in with a loaner available was Thursday. The Funny thing the car didn't act up all week when she drove her 3 or 4 miles to work on city streets which worried me because you know how dealers are when you drive the car in and theres no engine light..
Thursday morning last week, After i dropped my GF at work.. Halfway to the Dealership, "Bling" ENGINE Malfunction again and this time i can tell its different as the car would want to die if I try to Maintain a speed of 70mph which was close to 2K Rpm. So I started driving at 60 mph and the car was happy with that pace being in LIMP mode. The car seemed resolved the next few miles as I tried to peddle this car as far as I can hoping it won't failed on me.. I was coming up on the outer loop of Houston and it starts to Jerk back and forth like its choking and sputtering, i thought. "oh crap" what now?!? There was no exits because I'm going thru the interchanges.. I thought a few more miles - if i can push her.. So I turned my Hazards on because the choking action has lowered my speed to the lower 50's mph and i can feel the car is dying.. it has almost no juice left so I'm looking for the next exit. I'm already planning to get off - Here some side Humor (with my hazards on and I started to call BMW on the SAT Link/phone, i'm looking around for an exit, people are flying around me, trucks honking at me, people flipping me off and screaming at me for driving 50 mph w/hazzards in the middle lane.. C'mon this is Houston, people drive really slow here and their flipping me off because I'm in a disabled car trying to get off the hwy safely before the car dies..) And i'm not even in a busy part of town.. Not to be joking on Houston people because i'm not from Houston but I have gone 60 mph on the same hwy passing everyone!!!
Anyways, back to the story. I manage to get the car off an exit and cruising on the feeder road and the car starts to choke more - and i'm moving 40 ish and going down fast now..! I see an exit turn off, i make it on the mall's parkways but still on the exit (2 lanes) the car dies and completely shuts off, the car is basically coasting - i see a Denny's drive way but the turn is too sharp onto the driveway (I have no power steering at this point so I skipped it..hoping to find a wider entrance next. Ahh i see a Rooms to go and huge driveway so i got within Inches of the driveway and the cars comes to a complete stop Within INCHES of the Entrance..!! I'm still nervous as people are exiting into the mall and there I am on the inner lane of the 2 lane exit to the mall, luckily its only 9am and theres no mall traffic at that time.. So i try to re-start the car and it cranks and dies within seconds.. I did this for 2-3 mins, felt like an eternity.. Finally i got a good crank where it was trying to stay alive (only seconds before it would die again)- i put it in drive and let it sputter and jerk me into the Rooms to Go Parking lot before it surely will die..What a miracle - I manage to drive it past 6 or 7 parking spaces before whipping it into a parking space.. Felt like a major achievement to escape a BMW Death Trap!!
The 335i breaks down within 2 miles of the dealership..I asked the Tow Truck guy, ""have you ever towed someone in who was headed to BMW Service?"" The Tow truck guy replies, "I towed BMW's all the time" LOL He speculated what he thought the problem was and I told him i read that the N54 engine has a fuel pump problem, so its pretty common and probably the case, he said, if its so common why did you buy BMW - i said, "Oh..This is my GF's car, I don't have this problem - I drive a Lexus!" The tow guy - grinns..
Dealer called me Today saying the car was ready for pickup tomorrow.. Yep, The problem Definitely was the Fuel Pump.. I heard theres no Fix for this - they will continue to replace fuel pumps until no end.. This is unacceptable for an Iconic Car maker such as BMW..(and I really loved the 335i coupe before this incident). Ultimate Driving Machine my Butt..
Last edited by 1QWKGS4; 10-13-10 at 02:27 AM. Reason: edit
10-13-10 | 07:03 AM
#12
I just don't understand why they can't properly fix it. So they have screwed up on the pump, but they already had 4 new part numbers for the pump, meaning its been getting updated, why are they still malfunctioning? I mean its a freaking fuel pump, not a space ship.
And it doesn't apply only to BMW. There are persistent problem cases with other manufacturers as well. For instance, the faulty transmission on older V6 Honda/Acura models - there are people who had their transmission replaced four times and it kept braking.
Would be nice if manufacturers were kept liable for factory defects. A simple extended warranty is not enough, for a few reasons. First of all, a defective pump or a transmission is a huge safety hazard, then 100k miles is just not enough, a lifetime of todays cars is far greater than that, and also these cars start depreciating like used condoms once they are out of warranty because of these potential issues.
And it doesn't apply only to BMW. There are persistent problem cases with other manufacturers as well. For instance, the faulty transmission on older V6 Honda/Acura models - there are people who had their transmission replaced four times and it kept braking.
Would be nice if manufacturers were kept liable for factory defects. A simple extended warranty is not enough, for a few reasons. First of all, a defective pump or a transmission is a huge safety hazard, then 100k miles is just not enough, a lifetime of todays cars is far greater than that, and also these cars start depreciating like used condoms once they are out of warranty because of these potential issues.
10-13-10 | 07:28 AM
#13
I don't think it's just a pump problem.
I think it's more involved and in the fuel delivery system somewhere.
I had an '09 335i that had a few long starts and that's one of the early signs.
BMW service won't do anything until a code appears.
That was it for me.Dumped the 335i.Matter of time before the wife or me gets limp mode or stranded.Just didn't feel comfortable with the car.Reading for BMW forums didn't help.
Also when one pump goes other pumps usually follow.I've read on the BMW forums of some owners going through as many as 6 pumps.Along with fuel injector problems after in many cases.
I think it's more involved and in the fuel delivery system somewhere.
I had an '09 335i that had a few long starts and that's one of the early signs.
BMW service won't do anything until a code appears.
That was it for me.Dumped the 335i.Matter of time before the wife or me gets limp mode or stranded.Just didn't feel comfortable with the car.Reading for BMW forums didn't help.
Also when one pump goes other pumps usually follow.I've read on the BMW forums of some owners going through as many as 6 pumps.Along with fuel injector problems after in many cases.
10-13-10 | 08:18 AM
#14
Guest
Posts: n/a
Thanks for the stories CDN, ISHny and 1Qwik.....hope its all resolved.
It still is utterly amazing that some people really tried to sell that. 
To me this is one of my fears/issues with forced induction and why I still like a nice N/A engine.
It still is utterly amazing that some people really tried to sell that. To me this is one of my fears/issues with forced induction and why I still like a nice N/A engine.
10-13-10 | 09:34 AM
#15
Lexus Fanatic
Joined: Oct 2003
Posts: 91,712
Likes: 89
From: Virginia/D.C. suburbs
https://www.clublexus.com/forums/car...-hate-lol.html
I vaguely remember that thread.....but, still, your family is the only one I know of that actually owns an X6.
I vaguely remember that thread.....but, still, your family is the only one I know of that actually owns an X6.