— Almost every claim against BMW in a consolidated class action lawsuit will proceed after Judge Claire C. Cecchi dismissed only a breach of express warranty claim.
The BMW class action lawsuit, which includes more than 1 million vehicles, includes three BMW class actions: Gabriel Patlan v. BMW, Wendy Vasquez v. BMW, and Vikkie Wilkinson v. BMW.
The BMW lawsuit alleges the blower motor wiring systems and positive crankcase ventilation (PCV) valve heaters are defective.
According to the class action, the blower motor controls air flow for the heating and cooling system and is controlled by a regulator which uses a wiring harness with connectors coated with tin material at their ends.
The plaintiffs contend the defects can cause these vehicles to “spontaneously combust and catch fire.”
BMW vehicles allegedly affected by blower motor wiring system defects:
2006-2011 BMW 3 Series Sedan 323i, 325i, 325xi, 328i, 328xi, 330i, 330xi, 335i, 335xi, M3
2006-2011 BMW 3 Series Wagon 325xi, 328i, 328xi
2007-2011 BMW 3 Series Coupe 328i, 328i xDrive, 328xi, 335i, 335i xDrive, 335is, 335xi, M3
2007-2011 BMW 3 Series Convertible 328i, 335i, 335is, M3
2009- 2011 BMW 3 Series Diesel 335d
BMW vehicles allegedly affected by PCV valve heater defects:
- 2008-2011 BMW 1 Series Coupe 128i
- 2008-2011 BMW 1 Series Convertible 128i
- 2007-2011 BMW 3 Series Sedan 328i, 328xi, 328i xDrive
- 2007-2011 BMW 3 Series Wagon 328i, 328xi
- 2007-2011 BMW 3 Series Coupe 328i, 328xi, 328i xDrive
- 2007-2011 BMW 3 Series Convertible 328i
- 2007-2011 BMW 5 Series Sedan 525i, 525xi, 528i, 528xi, 530i, 530xi
- 2007 BMW 5 Series Wagon 530xi
- 2007-2011 BMW X3 SAV X3 3.0si, X3 xDrive30i
- 2007-2011 BMW X5 SAV X5 xDrive30i
- 2007-2011 BMW Z4 Roadster Z4 3.0i, Z4 3.0si, Z4 sDrive30i
- 2007-2008 BMW Z4 Coupe Z4 3.0si
BMW allegedly knew about the blower motor wiring defects and dangers in 2011, and knew about the alleged PCV valve heater problems in 2012.
However, the automaker allegedly failed to warn consumers about the defects and did nothing to repair the alleged problems.
BMW allegedly says the systems are not defective, and the lawsuit asserts BMW tells owners the fires resulted from "poor maintenance, unauthorized replacement parts, and even rodent nests.”
More than 1 million BMW vehicles allegedly have diminished values due to the alleged defects and negative publicity.
The BMW class action references a 2017 ABC News report into BMW vehicle fires, and this was followed by a recall of 672,775 BMW vehicles due to defective blower motors.
A separate recall involved 740,561 BMW vehicles due to PCV valve heater problems.
The BMW class action lawsuit was filed by these customers:
- Gabriel Patlan / California / 2011 BMW 328i
- Ryan Cornell / California / 2011 BMW 328i
- La Della Levy / Nevada / 2007 BMW 328i
- Wendy Vasquez / Maryland / 2007 BMW 328i
- Vikkie Wilkinson / New York / 2008 BMW 335xi
The BMW class action lawsuit was filed in the U.S. District Court for the District of New Jersey: Patlan, et al., v. BMW of North America, LLC.