BMW named in class action over delay in replacement of front air bag module


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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.


Connie W. said
1159 days ago
I have a 2012 BMW 528I. The Oil filter housing (plastic) unit is faulty and BMW is aware of it they have a service bulletin issue and will replace it. There needs to be a recall. It totalled my engine and they are refusing to fix my vehicle.

Tracie A. said
1138 days ago
I have been having issues with my x3 every since I've had it I am convinced that my vehicle is a lemon. Now my airbags have had a recall on them for almost 7 months and no one has contacted me on fixing them when I call i get the run around. I got into an accident and the airbags didn't even deploy I could have been killed . I am seeking legal help. I want a replacement vehicle or I am going to court and they can have this piece of crap back.

Damian D. said
1115 days ago
Having the same issue.

Susan S. said
1111 days ago
I am having similar problem with Mercedes Benz ML350 2010 and live in Fort Myers, FL. I want to sue on my behalf and others in same situation. Zit is illegal to sell a vehicle with a defective Takiata airbag in USA...dealers cannot resale car with defective airbag if traded in on new vehicle at Mercedes. All Mercedes Benz USA IS IFFERING CONSUMERS IS $1,500 toward brand new Mercedes. Metcedes USA ARE PAYING DEALERS to offset cost of having vehicles on their dealer lots they can't sell until airbag replaced. Mercedes Benz of Fort Myers and other metcedes deskerships are taking all brands with defective airbags in on trade for NEW metcdes..,,the defective cars are devalued and other brand dealers WILL NOT take them in on trade or offer a fraction of previous worth before airbag defect lawsuit. These other brands have same problem..,they can't sell unless repaired.
MERCEDES BENZ USA has informed me that that's all they will do even in high risk areas like FLORIDA WHERE DEFECTIVE SIRBSGS MAY EXPLODE DUE TO EXTREME HEAT . I HAVE BEEN TOLD BY MRGCEDES BENZ USA THAT THEY HAVE ZERO IDEA WHEN REPLACEMENT AIR BAG WILL BE AVAILABLE....they are in no hurry as all these vehicles are turned in to buy brand new vehicles. CONSUMER IS losing almost all equity in recalled cars...other dealers will offer much less than blue book value or refuse vehicle trade in as they can't sell them until repaired and it may be years before replacement airbag can be designed, manufactured and replaced. it is not safe to drive these older 2010 especiLly in the south's high temperature.,,they can spontaneous explode due to extreme heat or a fender bender/bump.
My bank still demands payment monthly for a car that is extremely unsafe and should be driven or risk disfigurement and death.
Your investment in thes cars has plummeted..,,losing all equit and value.,,vehicles is worthless unless repaired..,and becomes more worthless if not repaired immediately.
My bank will foreclosue if vehicle not paid off..,but vehicle should be bought babk by metcedes USA.,,,they are paying deslers to help with floor plan costs...and now deslers are searching for land to park hundreds of non-sale able vehicle. These vehicles should be included in every state's lemon law regardless of how long they have owned past lemon law deadline in their state.This is especially critical for single senior citizens.,,I will be 62 in October and tsking Early returement in October PLEASE HELP THE OWNERS OF THES RECALLED METCEDS VEHICLES MOST AT RISK IN FLORIDA SND MINE IS A ML350 2010 model.,,I want total refund of purchase price of vehicle including tax if posdible.

Susan S. said
1111 days ago

Susan S. said
1111 days ago
MERCEDES USA TOLD ME IT MAY BE 2 or 3 years or more before a replacementvairbag is available....if them..,hot weTher states like Florida are most at risk..,they are not supplying free rental cars until it is fixed or any compensation other than a 1,500 towRd buying a brand new MRGCEDES.,,,no..,the consumer is heyuong the shaft.,,we are losing almost all value of expensive car.., this is unacceptable.,,MRGCEDES deskers sell more new car.., more profits... TAKIATA is still gong to manufacture the replacement air bag.,,,when MRGCEDES lied about mileage/emissions on diseals..,lawsuit prevailed and they have to nut back at the purchase price.,,and other benefits

Susan S. said
1078 days ago

Walter C. said
1075 days ago
Hello today I had a serious car accident with my 2009 BMW 335xi coupe this morning , no airbags had gone off and I was at the dealer for a third time two weeks ago and they keep telling me that they can't complete the recall until the parts are available. I have serious trauma and dental problems

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