BMW Class Action Lawsuit - 2007-2010 N54 Twin Turbo Engine

[Onyx_Z32]

Probably old news to the 335i crew, but accusations of poor fuel pumps and flashing cars to “solve” turbo lag issues seems :tif:

@Kershaw

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.

http://www.kcrlegal.com/BMW-faulty-turbo-charger-lawsuit.aspx

From BMW:

@BMW

BMW has discovered that certain 2007-2010 model year vehicles may experience partial failure of the High-Pressure Fuel Pump (HPFP) which is part of the direct fuel injection system on certain 1 Series, 3 Series, 5 Series, X6, and Z4 models. Specifically, vehicles powered by the twin-turbocharged 3.0-liter inline-6 engine (internally dubbed “N54”) are affected. Symptoms include long engine starting times and sometimes the illumination of the Service Engine Soon lamp in the instrument cluster, possibly accompanied by reduced engine performance (Fail Safe operation).

As a result, BMW will extend the emissions warranty coverage period to 10 years or 120,000 miles, whichever comes first, on affected vehicles in all 50 States. If the HPFP fails during the extended warranty coverage period, BMW will replace it with a newer-production version. Customers who experience long starting times or notice the Service Engine Soon lamp should contact an Authorized BMW Center to schedule a service appointment. Customers with further questions should contact BMW Customer Relations at 1-800-831-1117 or email customer.relations@bmwna.com.

The turbo complaint is much less widespread and we have had a service bulletin in place since 2007 to address it. In an effort to address specific noise concerns, BMW updated the turbocharged engine software on 335i/xi and 535i/xi models built from June 2006 through March 2008. The updated software causes a small amount of increased “turbocharger lag” under certain circumstances and, while not substantial, the lag may be perceptible to the most sensitive BMW drivers. X6, 135i, and 3 Series/5 Series vehicles from March 2008 production onward are not affected."

[SkunkApe]

silly BMW

sucks though

[Paulo]

Willybeen!

EDIT - apparently he has an '06. You’re clear, for now.

[Clean_Baldy]

I have an appointment next Wednesday at BMW for my HPFP for just this reason…

I haven’t noticed any strange lag or power loss though. I think I’m gonna pass on making that phone call to the attorney.

[EvoMR]

@Paulo

Willybeen!

EDIT - apparently he has an '06. You’re clear, for now.

He has an '07.

My HPFP was just replaced at around 28k miles.

[boardjnky4]

Do any direct injection cars have decent HPFPs?

[OriginalSterm]

BMW is the German GM. Nothing but junk…

[BigRon]

@OriginalSterm

BMW is the German GM. Nothing but junk…

So what is Opel?

[Paulo]

@EvoMR

He has an '07.

My HPFP was just replaced at around 28k miles.

Geoff lied to me!

[King]

ya just like GM

[OriginalSterm]

@BigRon

So what is Opel?

Um…Actual German GM? BMW is the fake German GM with all their horrible quality issues. I hope they go bankrupt, serves them right!

(I work for GM and drive BMWs)

[ubengineering]

im not a bmw fan either, so much money, you could get so much more performance and looks for way less, there’s a million bmw humpers on this board, the only bmw i like it Jons and Newmans, and shiftys

[Clean_Baldy]

@ubengineering

im not a bmw fan either, so much money, you could get so much more performance and looks for way less, there’s a million bmw humpers on this board, the only bmw i like it Jons and Newmans, and shiftys

regarding looks… I think the BMW is pretty sporty looking with a nice luxury touch and plenty of extra features. For around $34k you can get a 335XI with a 100k mile warranty until 2014. (including sport pkg, premium pkg, comfort access, sirius radio, ipod integration, xenon adaptive headlights, 18" sport wheels)

What else do you prefer that has AWD and 300HP/300TQ? I’m not trying to start an argument, I’m just curious on your opinion.

[system]

:rolleyes:

Here we go.

[Clean_Baldy]

@maxwell

:rolleyes:

Here we go.

I’m not trying to start an argument, I’m just curious on your opinion.

:rl:

[system]

@Clean Baldy

I’m not trying to start an argument, I’m just curious on your opinion.

:rl:

I can just forsee where this is heading, not calling you out or anything. No reason to type in bold, LoL.

There are a lot of options in that power and price range both AWD and RWD. I can just see the opinions flying like monkeys throwing shit!!

[EvoMR]

@Paulo

Geoff lied to me!

He might have an '06 build date, but it’s an '07 model.

[ubengineering]

@Clean Baldy

regarding looks… I think the BMW is pretty sporty looking with a nice luxury touch and plenty of extra features. For around $34k you can get a 335XI with a 100k mile warranty until 2014. (including sport pkg, premium pkg, comfort access, sirius radio, ipod integration, xenon adaptive headlights, 18" sport wheels)

What else do you prefer that has AWD and 300HP/300TQ? I’m not trying to start an argument, I’m just curious on your opinion.

id prefer an infinity g (sedan obv), nothing wrong with bmw just not my cup of tea, and before everyone says hey you drive a neon, i choose to, not because i cant afford to drive something else, but i got my eyes on the big prize =D

to each their own

[Clean_Baldy]

@ubengineering

id prefer an infinity g (sedan obv), nothing wrong with bmw just not my cup of tea, and before everyone says hey you drive a neon, i choose to, not because i cant afford to drive something else, but i got my eyes on the big prize =D

to each their own

I had actually purchased a red on black G37X sedan before getting the BMW. They delivered the wrong car, so my hunt continued.

Now, I look at the G37 sedan and think it’s not sporty enough and I’m glad I got into the styling of the BMW.

The interior of the G37 is nicer though… well, at least the dash. The BMW doesn’t have a nifty touch screen or nice interior lines. The BMW seats are 10X more comfortable though, and the way the BMW drives… I’m glad I chose it.

Both are great cars though I’m glad my G sale fell through though

[Justin]

I’m shocked at the BMW hate bandwagon right now. I still like BMW, and to whomever asked about a good HPFP, just look at GM/Isuzu Duramax engines. They have no issues with the HPFP.