Plaintiff brings this class action to remedy BMW’s systematic breach of its warranty obligations to replace recalled defective airbags within a “reasonable period of time.”
As alleged, in March 2016, BMW sent a recall notice to Plaintiff and the Class stating that 2006-2015 BMW 1 Series, 3 Series, and X1, X3, X5 and X6 vehicles contained a defect that “could cause rupturing of the air bag inflator, resulting in metal fragments striking the driver or other passengers potentially resulting in serious injury or death” (the “Recall Notice” or “Notice”). The Notice informed Plaintiff that “[t]he driver’s front air bag module will be replaced free of charge when parts become available.” However “at the present time [BMW] do[es] not have parts available.”
Plaintiff is informed and believes that replacement parts will not be available for at least six months and possibly much longer. This is an unreasonable period of time to remedy the defect and provide required compensation or a suitable alternative for Plaintiff and the putative Class.
The complaint alleges that BMW’s failure to replace the admittedly deadly air bag module within a reasonable time causes Plaintiff and the putative Class herein direct and concrete loss and cost. Plaintiff and the other members of the Class cannot safety drive their expensive BMW vehicles, depreciation causes declining value in those vehicles, the BMW vehicles are essentially unsaleable and BMW’s warranty, for which Plaintiff and the other members of the Class paid as part of their purchase price, is at least partially exhausted even as they are unable to drive their vehicles.
BMW’s systematic failure to replace the deadly air bag module, and the consequential exhaustion of valuable warranty coverage even as Plaintiff and members of the Class are unable to use their vehicles, is an “unconscionable commercial practice” in violation of the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-2), breaches BMW’s contractual covenant to replace defective parts within a “reasonable time”, violates BMW’s contractual covenant to provide four years of warranty coverage, and transgresses the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301, et seq.) along with the National Traffic and Motor Vehicle Safety Act of 1966.