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Old 10-12-2010, 05:50 PM   #1
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Class Action Lawsuit alleges BMW N54 turbo engine unsafe

Class Action Law Firm takes on BMW for Systematically Concealing Safety Risks of Defective High Pressure Fuel Pumps and Turbo Chargers
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Lawsuit alleges that BMW systematically concealed information from the public and the National Highway Traffic Safety Administration (NHTSA) regarding defective fuel pumps and their risks to consumers.

Flawed engine design of BMW twin turbo models leaves consumers stranded

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.
Second Lawsuit Filed Against BMW Over Sudden Engine Power Failures
[QUOTE]BMW (BAMXY) likes to tout itself as the maker of the ultimate driving machine. The word "ultimate" comes from the Latin word for last, and thanks to a faulty engine design, you could spend your last moments in a BMW that suddenly loses power on the freeway. Naturally, this little problem has not escaped the attention of the legal industry. This week, a California firm filed a class action lawsuit against BMW -- the second one of which I'm aware.

On Oct. 5, Kershaw, Cutter & Ratinoff, LLP, announced that it had recently filed a class action lawsuit "on behalf of thousands of individuals who own various BMW vehicles released between the years of 2007-2010." I wrote about this problem on DailyFinance in July -- BMW's new N54 twin turbo engine sports a faulty high-powered fuel pump that can suddenly fail. And when the pump fails, the engine goes into what's known as "limp mode."

This means that the ultimate driving machine suddenly loses power and subsequently can't go faster than 20 miles per hour -- if it can go at all. Since July, I've spoken to several people who have suffered from this problem while driving on the freeway. One was an Ohio emergency room doctor who was heading home at 2 a.m. after a shift. His BMW went into limp mode on the highway about 30 miles from his home. That must have been a long commute.

The first such lawsuit of which I am aware was filed by a class represented by Wayne Barney of Orange County, Calif. Barney began experiencing "turbo lag after his 2007 BMW 335i was serviced for a faulty fuel pump," according to his suit. He shared the problem with BMW several times, but was "repeatedly assured that he was mistaken about the existence of any problems."

A source tells me that a major TV network is working on several expos
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Old 10-12-2010, 07:14 PM   #2
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BMW in cahoots with Toyota now? :P
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Old 10-13-2010, 07:43 AM   #3
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this is why BMW used to subscribe to an NA only philosophy.

they were seduced by the dark side of turbo power.

also heard cars with the n54 had heat problems early on before they fitted an extra oil cooler.
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Old 10-13-2010, 09:00 AM   #4
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Haha, the "last moments..." quip in the second article was entertaining. Can't waIt for the media to blow this one up lol.
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Old 10-13-2010, 09:38 AM   #5
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So we went from unintended acceleration to unintended deceleration.
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Old 10-13-2010, 10:12 AM   #6
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Quote:
Originally Posted by marc View Post
this is why BMW used to subscribe to an NA only philosophy.

they were seduced by the dark side of turbo power.

also heard cars with the n54 had heat problems early on before they fitted an extra oil cooler.
They weren't seduced. It's the CAFE laws that forced them in that direction. Bottom line is they need to improve MPG or they won't be selling cars in the future. It's also why they will sell subcompact FWD vehicles. I agree that it's sad, but since BMW is independently owned, they don't have other brands to even out their MPG averages (unlike VAG).

Older N54 cars didn't need an extra oil cooler, they didn't have one to begin with.

The HPFP failures are an issue, but I doubt this will get overblown. It's hardly a safety issue. It's an inconvenience at best, IMO. I owned 2 N54 powered cars and neither one ever had a failed pump.
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Old 10-14-2010, 06:56 AM   #7
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since BMW is independently owned, they don't have other brands to even out their MPG averages (unlike VAG).



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Old 10-14-2010, 08:30 AM   #8
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You are right. Totally forgot about Mini. But Mini is nothing compared to the VW portfolio.
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Old 10-14-2010, 01:28 PM   #9
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You are right. Totally forgot about Mini. But Mini is nothing compared to the VW portfolio.
that's why they're decontenting the 1 series and offering some crappy FWD rebadged piece of **** in a few years.

I think their economy is fine - my mom's 328xi gets 28 or so on long trips, perfectly adequate for an AWD automatic tank.
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Old 10-14-2010, 03:43 PM   #10
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that's why they're decontenting the 1 series and offering some crappy FWD rebadged piece of **** in a few years.

I think their economy is fine - my mom's 328xi gets 28 or so on long trips, perfectly adequate for an AWD automatic tank.
The 1 series will become a turbo 4 cylinder, not FWD. There's supposedly some sub 1-series car in the works. Their normal cars are fine, but you pay the gas guzzler tax on their current N/A M cars. I'm scared of the thought of all their performance-oriented cars going F/I as well, but only time will tell how they will deliver.
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Old 10-15-2010, 07:47 AM   #11
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The 1 series will become a turbo 4 cylinder, not FWD. There's supposedly some sub 1-series car in the works. Their normal cars are fine, but you pay the gas guzzler tax on their current N/A M cars. I'm scared of the thought of all their performance-oriented cars going F/I as well, but only time will tell how they will deliver.
new 1M, M5, X5M and X6M are all turbocharged.
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Old 10-15-2010, 01:26 PM   #12
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new 1M, M5, X5M and X6M are all turbocharged.
Yea same with the next gen M3. That's why I have an E92 M3 on order. My first M car and potentially the last high revving N/A to boot.
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Old 10-15-2010, 01:40 PM   #13
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Yea same with the next gen M3. That's why I have an E92 M3 on order. My first M car and potentially the last high revving N/A to boot.
Enjoy it. Great track car. Piss poor autocross car.
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Old 10-16-2010, 10:02 AM   #14
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Enjoy it. Great track car. Piss poor autocross car.
Thanks. I doubt I'll be limited by the car's capabilities when autocrossing. Autox is like 80-90% driver and I've only gone once. There was a a guy in a stock looking hyundai accent getting better times than 75% of the other cars when I attended (BMWCCA Event).
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Old 10-26-2010, 10:18 AM   #15
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Update!

BMW to Conduct Voluntary Emissions and Safety Recalls
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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].
27CDB6E-AE6D-11cf-96B8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=9,0,124,0" width="344" height="278" id="ABCESNWID">
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Old 10-27-2010, 11:48 AM   #16
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BMW recalls 132,000 cars for fuel-pump fixes

BMW recalls 132,000 cars for fuel-pump fixes
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BMW is recalling about 130,000 cars fitted with its N54 twin-turbo six-cylinder engine to repair a faulty high-pressure fuel pump.

The recall covers the 2007-10 335i; the 2008-10 135i, 535i and X6 xDrive35i, and the 2009-10 Z4 sDrive35i. BMW says about 40,000 of those cars will need a new fuel pump. The remainder will be given a software update.

Problems with the fuel pump can cause long cranking times at engine start and the illumination of the "Service Engine Soon" indicator. Drivers may also notice reduced engine performance if the system moves into safe mode, paired with the "Engine Malfunction" light.

BMW is also recalling about 20,800 copies of the 2008 X5 with the normally aspirated six-cylinder engine to replace the low-pressure fuel pump.
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