N54 HPFP/Turbo - Lawyers in Love

[HerrK]

Well the inevitable has happened.

Kershaw, Cutter & Ratinoff 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 and are interested in
being a part of the suite contact Kershaw, Cutter & Ratinoff

Email: stalley@kcrlegal.com
Phone: 888-285-3333.

[teagueAMX]

You're right it was inevitable. I think it also spells the death of the N54 tt engine. No doubt BMW anticipated it and hence the debut of the single turbo N55. Hopefully, the performance figures for the N55 will be a s strong as the n54.

[Silver-Bolt]

They need to extend it to include 2011 models as well.

[Vintage]

Well - I was screwed this week on our "warranted" HPFP when they saw our FMIC. The service ticket actually says, "HPFP replaced per PUMA, but not warranted because of FMIC." Even though the dealer mechanic, dealer service rep, and dealer service manager admit that the HPFP has nothing to do with the FMIC install or operation as approximately "70%" of N54 motors at their dealership fail. This ran me $1,000 total for a $354 HPFP and a lawsuit will follow this week. I can honestly saw with extreme regret that I will never purchase another BMW because of the PUMA system and horrible long-term customer attitude being run by BMWNA.

That is a long way of saying that sometimes lawyers and lawsuits are need - especially when BMWNA screws it customers on purpose and does not live up to its obligations.

[tiborakos]

thot that beside it's issues, the N54tt engine has won the title of the Engine of the year numerous times...strange for a piece of machinery that has quality and design flows...isn't it?

[Silver-Bolt]

Originally Posted by VintageBMW

Well - I was screwed this week on our "warranted" HPFP when they saw our FMIC. The service ticket actually says, "HPFP replaced and per PUMA, but not warranted because of FMIC." Even though the dealer mechanic, dealer service rep, and dealer service manager admit that the HPFP has nothing to do with the FMIC install or operation as approximately "70%" of N54 motors at their dealership. This ran me $1,000 total for a $354 HPFP and a lawsuit will follow this week. I can honestly saw with extreme regret that I will never purchase another BMW because of the PUMA system and horrible long-term customer attitude being run by BMWNA.

That is a long way of saying that sometimes lawyers and lawsuits are need - especially when BMWNA screws it customers on purpose and does not live up to its obligations.

Vintage,
Sorry to hear you have to venture down the legal road. It sounds like the service write up is handing you a win. They screwed themselves by specifying the FMIC was the cause of the fuel pump failure. You should have fun with this case.

[Vintage]

Originally Posted by Silver-Bolt

Vintage,
Sorry to hear you have to venture down the legal road. It sounds like the service write up is handing you a win. They screwed themselves by specifying the FMIC was the cause of the fuel pump failure. You should have fun with this case.

thanks Silver-Bolt and I agree with your assessment. I think I will prevail but what a waste of energy that I have to battle BMWNA again after buying two BMWs in the past year for about $135k; especially considering that the failure is the HPFP

[bill123]

Originally Posted by VintageBMW

thanks Silver-Bolt and I agree with your assessment. I think I will prevail but what a waste of energy that I have to battle BMWNA again after buying two BMWs in the past year for about $135k; especially considering that the failure is the HPFP

Please keep us updated

[Mr. ///M3 RD]

HerrK .... Thanks for posting this Thread, do keep us informed.

I am starting to hear a howling sound also when I start my engine there a a short rumbling noise audible .... is this the start of the HPFP failure? I wonder.

Can someone describe to me the symptoms of a HPFP failure?

Thanks in advance.

[Rafale]

I am so glad to have stayed away from the N54... and the 19" wheels! Thanks for posting and I'd be curious to see how BMW will respond to this.

[Vintage]

if your engine is taking longer to crank and then it starts to stumble once ignited, you will eventually have a HPFP failure. Keep in mind that in roughly 70% of all N54 motor equipped cars, you have a HPFP failure. this is based on my conversation with only 2 local dealerships but they admit it is ridiculous

[Chuck76]

Thanks for keeping us posted on the n54 issues. I have emailed the contact at the lawfirm as mine when out at 700 miles new.

[Chuck76]

Originally Posted by VintageBMW

Well - I was screwed this week on our "warranted" HPFP when they saw our FMIC. The service ticket actually says, "HPFP replaced per PUMA, but not warranted because of FMIC." Even though the dealer mechanic, dealer service rep, and dealer service manager admit that the HPFP has nothing to do with the FMIC install or operation as approximately "70%" of N54 motors at their dealership fail. This ran me $1,000 total for a $354 HPFP and a lawsuit will follow this week. I can honestly saw with extreme regret that I will never purchase another BMW because of the PUMA system and horrible long-term customer attitude being run by BMWNA.

That is a long way of saying that sometimes lawyers and lawsuits are need - especially when BMWNA screws it customers on purpose and does not live up to its obligations.

Sorry to hear this. These issues are mainly the reason I never went with Dinan. I'm not saying anything about Dinan being bad, but I just didn't want to deal with being the liaison for the blame game.

[Alext]

If anything positive comes of this, it will be most likely take a long time.

[Vel]

OP - instead of just giving us a crappy email to join the suit, how about you give us a link, a case number, and what forum this is being litigated in?

While I've heard of BMW's problems with the loss of power, I don't quite believe a suit is in the offing without a link/or and a case number. See my sig for more.

[rmorin49]

My 2 cents: If, and it is a big if, the plaintiffs win, the lawyers will get the bulk of the money. Good luck.

[HerrK]

Originally Posted by Vel

OP - instead of just giving us a crappy email to join the suit, how about you give us a link, a case number, and what forum this is being litigated in?

While I've heard of BMW's problems with the loss of power, I don't quite believe a suit is in the offing without a link/or and a case number. See my sig for more.

The forum that I brought this over from is as follows.

http://www.bimmerfest.com/forums/sho...78#post5529678

As to your other inquires I believe you will find most of those answers here.

http://www.prweb.com/releases/BMW-la...web4615794.htm

I am not a lawyer. I have no interest at the moment in this particular class action, as my N54 is currently operating properly. Just posting for those who wish to investigate further.

[rmorin49]

Unfortunately this type of action, if true, may very well damage the value of every car equipped with the N54 engine. Remember the GM diesel engine debacle.

[tranquility]

70% of N54s will experience HPFP failure? Are they srs? Ouch.

[teagueAMX]

Originally Posted by Vel

OP - instead of just giving us a crappy email to join the suit, how about you give us a link, a case number, and what forum this is being litigated in?

While I've heard of BMW's problems with the loss of power, I don't quite believe a suit is in the offing without a link/or and a case number. See my sig for more.

I assume that as a died in the wool skeptic that you've been following threads on this forum and particularly on the 3 series side of Bimmerpost concerning the HPFP issue. If so you would already know this issue is real and not speculation or rumor without the need to challenge our members here and make impolite remarks. I know first hand based on review of official recorded pdf copies of the court docs that at least one suit filed on this issue by an individual. I read about another not to mention the one discussed here. I'm assuming at this point a couple of the suits are being rolled up into a class action suit.

A fair amount skepticism is healthy, but I don't need to advertise about my BS detector batteries in my "sig", and BTW, my BS detector doesn't require batteries - it genetic.

[Alext]

Originally Posted by rmorin49

Unfortunately this type of action, if true, may very well damage the value of every car equipped with the N54 engine. Remember the GM diesel engine debacle.

Note that the new N55 twinscroll engines (designed to replace the N54) also use the same HPFP with the same part#. Some have failed already too.

[LofgrenCL]

Originally Posted by tranquility

70% of N54s will experience HPFP failure? Are they srs? Ouch.

My question is what is the geographic relationship here? I have been driving in Germany for the past year and a half (using ONLY 93+ octane) and to date had no problems with the HPFP.

As any lawyer would do his research - is there a relationship between the quality and or additives in the fuel based on national fuel standards?

I spent part of last year in school in Texas and the best fuel I could find was Shell 91 Octane. My Jetta ran very poorly. Conversely, my Jetta ran great all over Europe, the year prior.

I want to hear from the far East and my European neighbors what thier experiences are...