— BMW has responded to a water pump recall lawsuit which was filed after BMW announced a recall of about 721,000 vehicles for possible water pump problems.
The BMW recall includes these models.
- 2012-2015 BMW X1 sDrive28i, X1 xDrive28i
- 2012-2016 BMW Z4 sDrive28i
- 2012-2016 BMW 528i, 528i xDrive
- 2016-2018 BMW X5 xDrive40e
- 2014-2016 BMW 2 Series Coupe (228i, 228xi)
- 2015-2016 BMW 2 Series Convertible (228i, 228xi)
- 2013-2017 BMW X3 sDrive28i, X3 xDrive28i
- 2015-2018 BMW X4 xDrive28i
- 2012-2016 BMW 3 Series Sedan (328i, 328xi)
- 2014-2015 BMW 3 Series Sportswagon (328i, 328xi)
- 2014-2016 BMW 4 Series Coupe (428i, 428i xDrive)
- 2014-2016 BMW 4 Series Convertible (428i, 428i xDrive)
- 2014-2016 BMW 328xi Gran Turismo
- 2015-2016 BMW 4 Series Gran Coupe (428i, 428xi)
BMW said in 2024 it knew of "18 customer complaints, concerns, and/or field instances" out of 721,000 vehicles. The recall was issued because the BMW water pump could overheat, melt, cause smoke and according to the automaker, a fire was possible but allegedly rare.
Documents submitted to the government said it would take about an hour for a dealer to perform repairs. BMW dealers were told to inspect and replace the water pumps and plug connectors if necessary. And dealers would also install protective shields to divert any fluid that might drop down onto the pumps from the positive crankcase ventilation intake air hoses.
The August 2024 recall repairs were approved by the National Highway Traffic Safety Administration, the agency responsible for monitoring the recall to ensure the repairs took care of any water pump problems.
Motion to Dismiss the BMW Water Pump Recall Lawsuit
According to the BMW water pump class action lawsuit, the 2013 BMW 328i owner who sued complains the free recall is an inconvenience that will cost him time and money. He also complains about towing expenses which he asserts will cost him $249.38, yet it cost $405 to file the class action for more than $5 million.
North Carolina plaintiff Archy Beauge further complains about the time it will take for a tow truck to arrive, the time it will take for a dealer to make repairs, and he complains the repairs won't fix his vehicle which is supposedly now worthless.
The plaintiff also complains his BMW caught fire in March 2022 while he was driving.
In its motion to dismiss, BMW argues the entire class action should be thrown out. Way out.
BMW notes the plaintiff purchased a used 2013 BMW 328i in December 2018, then it was almost six years after he bought his vehicle the BMW water pump recall was issued.
According to BMW, the plaintiff has not claimed to have any problems with his vehicle since the water pump recall was issued. Instead, he complains he may need to spend time and money to take his vehicle to a dealer.
And since BMW never advised owners not to drive their vehicles, BMW says the plaintiff's complaint about spending hundreds of dollars on towing would be "needlessly spending money to have his car towed."
While the plaintiff complains his vehicle caught fire in March 2022, the lawsuit doesn't allege a faulty water pump connector caused the fire.
BMW argues the free water pump recall not only repairs any potential problems, but even complaining about taking his vehicle to a dealership is empty because when the recall was announced, BMW told customers:
“There may be some options to help overcome the inconvenience of bringing your vehicle in for service, if needed. Contact your local BMW center to check what may be available.”
And according to BMW:
"A Service Information Bulletin, which BMW NA issued, also informs BMW Centers, such as the BMW Center Plaintiff frequented, that the remedy is eligible for Mobile Repair, which means Plaintiff may be able to receive a free fix at a place convenient for him." — BMW
While the plaintiff complains the free recall repair “will cost him hours of his time,” BMW argues the plaintiff fails to allege he took his vehicle to receive the free repairs or that he requested, but was denied, mobile repair service.
BMW says the lawsuit should be dismissed because the plaintiff "does not allege any actual damages." Instead, he alleges he might be "inconvenienced" if he brings his BMW in for a free recall repair.
"Although Plaintiff claims that his vehicle is 'worth less' because of the Recall, he fails to allege that he attempted to sell his vehicle and was unable to do so, or that he sold it for 'less' due to the Recall." — BMW's motion to dismiss
The plaintiff must show that his BMW vehicle was unmerchantable at the time of sale, but the automaker argues the plaintiff fails.
BMW says it's significant the plaintiff doesn't base his claims upon a defective water pump nor does he claim his water pump ever had any problems. He mentions a March 2022 fire in his vehicle without ever arguing the water pump caused the fire. According to BMW, speculation about a cause for the fire is not good enough.
BMW proceeds to warranty claims set forth by the BMW water pump class action lawsuit. BMW says the plaintiff cannot pursue a breach of warranty because the warranty on his vehicle would have expired in 2017.
"Plaintiff now seeks to extend this warranty an additional eight years, and basically for the lifespan of his twelve-year-old vehicle. He cannot."
The automaker also argues the plaintiff contends BMW misled him through false and deceptive advertising, but the plaintiff doesn't specify what those advertisements said. BMW says there is no way he can claim some alleged advertisement fooled him into buying his vehicle.
BMW's motion to dismiss argues the water pump lawsuit must be dismissed because the plaintiff has not alleged any damages to support his claims.
The BMW water pump recall lawsuit was filed in the U.S. District Court for the Western District of North Carolina (Statesville Division): Archy Beauge v. BMW of North America, LLC.
The plaintiff is represented by Poulin | Willey | Anastopoulo, LLC, and Sultzer & Lipari, PLLC.