Class Action Launched in California over N54 Troubles !

[archwerks]

[COLOR="rgb(65, 105, 225)"]http://consumeraffairs.com/news04/2009/12/ca_bmw.html[/COLOR]




California Class Action Says BMW Software Causes Engine Problems

Accuses BMW of installing updates without customers' permission





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By Jon Hood
ConsumerAffairs.com

December 30, 2009

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A class action filed in California yesterday says that software unilaterally installed by BMW on several turbocharged models led to dangerous turbo lag and other engine problems.

The suit, brought in the U.S. District Court for the Central District of California, implicates the BMW 1-, 3-, and 5-Series lines, as well as the Z4 convertible, X5 sport utility, and X6 crossover. All subject vehicles were manufactured between 2007 and 2010 and are equipped with the "N54" engine, a three-liter six-cylinder motor equipped with a twin turbo.

According to the suit, BMW tried to remedy an "undisclosed defect" with the cars by installing an updated version of its so-called "Engine Control Unit" (ECU) software. The defect allegedly originated in the cars' turbochargers, fuel pumps, gas waste mechanisms, and/or turbo software.

The plaintiffs contend that BMW installed the updated ECU software without customers' permission and, in some cases, without their knowledge. The complaint says that BMW installed the software "whenever one of the vehicles in question appeared in the service department of a BMW dealership, regardless of the reason for the service visit." Thus, consumers who experienced "problems with loud rattling...under the hood," for example, were unwittingly outfitted with updated ECU software and sent on their way.

Shortly after the software update, consumers began to complain of engine problems, specifically "loss of power in the lower RPM [revelations per minute] range, decreased fuel efficiency, and most notably, turbo acceleration lag."

Turbo lag, a little-known but potentially dangerous phenomenon, describes a delay between the time a turbocharged car's accelerator is depressed and the time its engine develops enough power to properly accelerate. Turbo lag presents an especially serious risk if it occurs on a highway on-ramp or other area where traffic is moving quickly.

According to the suit, BMW at first dismissed consumers' complaints, assuring them that their respective experiences were "normal." As the complaints continued to grow in number, BMW allegedly installed more ECU updates in a futile attempt to make the problems go away. The plaintiffs also contend that BMW quietly did away with ads bragging that the automaker "eliminated turbo lag altogether."

The class is being represented by Wayne Barney of Orange County. Barney began experiencing turbo lag after his 2007 BMW 335i was serviced for a faulty fuel pump. Barney communicated his concerns to BMW several times, but was "repeatedly assured that he was mistaken about the existence of any problems."

The suit alleges breach of implied and express warranties; breach of the covenant of good faith and fair dealing; deceptive trade practices; and breach of the Magnuson-Moss Act, a federal statute that governs consumer product warranties. The plaintiffs accuse BMW of "us[ing] ECU software to deceive its customers and avoid the cost and labor of properly resolving the hardware problems, which required actual engine work and/or part replacement that was covered under BMW's warranty." The class is seeking compensatory damages and an injunction.

[REInvestor]

wow. Thanks for the post. Is this problem happening only in the 6 cylinders?

[archwerks]

I imagine only BMW & its dealers have knowledge of how extensive the problem is because the v8 tt was not available til later.

Maybe we'll find out on "60 Minutes !"

[UAxDEATH(NYC)]

Hmmm, its a real shame that BMW says - "WE HAVE NO PROBLEMS", kind of disappointing for company like that, at least they could admit existence of the problem.........Does the v8 on x6 have the same problem?? If so maybe than i`ll cancel my deal with BMW.

[dmlgc]

I suspect there are problems with tt8 also, mine has turbo lag, BMW needs to address this. My first BMW was a 1973 bavaria and I have been a loyal customer but if my current X6 tt8 is an example of what their future engine technology is it may be the last BMW I buy. On the highway in slow traffic I need power "now" to be able to jump into another lane, with my current X6 it's not there. Whoever the lawyer is in this class action suit should get in touch with tt8 X6 owners.

[M3 vert]

Originally Posted by dmlgc

I suspect there are problems with tt8 also, mine has turbo lag, BMW needs to address this. My first BMW was a 1973 bavaria and I have been a loyal customer but if my current X6 tt8 is an example of what their future engine technology is it may be the last BMW I buy. On the highway in slow traffic I need power "now" to be able to jump into another lane, with my current X6 it's not there. Whoever the lawyer is in this class action suit should get in touch with tt8 X6 owners.

Wow...I hope the X6M isnt like this, I mean its the same 4.4L V8 with different mechanics obviously and turbos...however any X6M owners want to chime in regarding this

[TheX6M]

I had the same problem in my old x6 5.0 and they couldnt fix it so I sold it .I've been told that this problem is almost in every 2 car out of 10 with the turbo charged engin

The X6M so far has no problem , I've done more that 12000 KM on it and some realy aggressive driving on high speed for long distance on very hot wether and all well .

[M3 vert]

Originally Posted by TheX6M

I had the same problem in my old x6 5.0 and they couldnt fix it so I sold it .I've been told that this problem is almost in every 2 car out of 10 with the turbo charged engin

The X6M so far has no problem , I've done more that 12000 KM on it and some realy aggressive driving on high speed for long distance on very hot wether and all well .

Glad to hear that if u can survive in dubai then its all good!

Hows the ride quality to your old x6 5.0? any difference? stiffness wise?

[vahram]

BMW just bought my 2009 335 coupe back from me after 9 months of leasing it. I had 8500 miles on it and they changed my fuel pump 5 times, I didnt even hire a lawyer, just made a phone call to BMW customer relations and they took care of everything within 3.5 weeks. I am happy the way they handled it and that is why stayed with BMW and have an X6 50i on order which has a production date of next week.

[vahram]

Oh one more thing, based on my research this problem is only on 3.5 litter twin turbo engine.

[chuck92103]

Originally Posted by vahram

Oh one more thing, based on my research this problem is only on 3.5 litter twin turbo engine.

Yep and only 20% of those with 3.5 have had HPFP issues. Most don't have issues. Baffling problem for BMW.

[archwerks]

Originally Posted by chuck92103

Yep and only 20% of those with 3.5 have had HPFP issues. Most don't have issues. Baffling problem for BMW.

If the engineers run the show the problem would be solved.
Would the F1 team allow a 20 % engine failure rate?
Sadly, some bean counting bureaucrat must have over ruled the engineers.
Why fix an old problem when we can move onto the next one in the N55?
It's human, unless it bites u in the a**, u compromise,
unless it hurts u in the wallet, u rationalize.
The best rocket scientists & NASA's bureaucracy & budget cuts still manage to lose astronauts.
They'll do nothing until the problem reaches the size of Audi's old "Sudden Acceleration Syndrome" in the 80's or Toyotas' current recall.
Lumped together along w/ Hyundai in JD Powers Overall Dependability & way behind Jaguar & Chrysler is apparently where they want to be.

[dmlgc]

Or the turbo lag gets someone killed, think that happened to Ford 80's time frame (wasn't turbo technology they just had a stall issue). Considering BMW is moving this technology to all of the line it's just a matter of time.

[Kojak]

I had tiptronic lag in an Audi back in 2000++ that was scary in how long it took to shift down from 5th to 1st or 2nd on a sudden demand for acceleration. In order to survive I developed the habit of keeping it in manual shift mode in rush hour traffic. In our cars, its the wastegate rather than the transmission that BMW keeps open (delays closing?) to reduce wear and tear on the wastegate control mechanism. The tuners have developed "lag fix" algorithms to address this. We should keep complaining to force BMW to address the problem rather than force us to use a tune just for "safety"

[dmlgc]

Originally Posted by Kojak

... The tuners have developed "lag fix" algorithms to address this. We should keep complaining to force BMW to address the problem rather than force us to use a tune just for "safety"

That's a good thought , I think anyone who has had their car tuned and runs into a warranty issue with BMW could make the case it was necessary to correct a defective product. Seems I remember from watching the news about toyota there is a federal agency you can file a complaint with and if they get enough they start an investigation.

[archwerks]

Originally Posted by dmlgc

That's a good thought , I think anyone who has had their car tuned and runs into a warranty issue with BMW could make the case it was necessary to correct a defective product. Seems I remember from watching the news about toyota there is a federal agency you can file a complaint with and if they get enough they start an investigation.

Which agency?Some one wants to look into it? Do they count usa registered cars only?

[dmlgc]

I don't remember which one but it would be US cars only it was a US federal agency
most likely Federal Trade Commission, I think they are responsible for protecting consumers.