California Consumer Attorneys, P.C. Celebrates Landmark Victory in Lemon Law Trial

San Jose, California. (Law Firm Newswire) California Consumer Attorneys, P.C. (“CCA”) is happy to announce a recent trial victory against BMW of North America, LLC in the Federal District Court for the Northern District of California. The case involved a 2020 BMW X3 purchased by Jose L. Mendoza. After a four-day trial, a seven-member jury unanimously found in favor of Mr. Mendoza.  The jury found that the 2020 BMW X3 had a defect that substantially impaired the use, value, or safety and that BMW of North America, LLC was unable to conform the vehicle to warranty within a reasonable number of repair attempts. The jury further found that BMW of North America, LLC willfully failed to honor its obligations under the Lemon Law and assessed civil penalties against the automotive distributor.

Mr. Mendoza was represented at trial by CCA attorneys Michael H. Rosenstein and Brian Murray. Throughout the trial, CCA’s lawyers meticulously presented compelling evidence demonstrating the extent of the defects and the manufacturer’s failure to rectify them adequately. Leveraging their expertise in Lemon Law litigation and years of trial experience, the firm’s attorneys skillfully navigated complex legal proceedings, advocating tirelessly on behalf of their client.

The verdict, delivered in favor of Mr. Mendoza, not only secures justice for the individual but also sets a precedent for future cases involving similar circumstances. CCA’s success in this trial exemplifies their proficiency in navigating the intricate nuances of Lemon Law, providing clients with effective legal representation and recourse against corporate negligence.

“Prior to hiring our Firm, Mr. Mendoza looked to BMW to do the right thing and simply take him out of a defective and unsafe vehicle,” said Michael Rosenstein, a partner at CCA. “When manufacturers refuse to honor their legal obligations, CCA is here to protect the consumers of the State of California.”  CCA remains steadfast in its commitment to upholding the rights of consumers and ensuring accountability within the automotive industry. Their track record of success in lemon law cases underscores their reputation as a premier legal resource for individuals facing challenges with defective vehicles.

For more information about CCA and its legal services, visit www.thelemonfirm.com or contact Seth Manders at (310) 872-2600

California Consumer Attorneys, P.C. Celebrates Landmark Victory in Lemon Law Trial

Los Angeles, California – California Consumer Attorneys, P.C. (“CCA”) is thrilled to announce a significant victory in a recent lemon law trial, marking a milestone in consumer protection and legal advocacy. The trial underscores the firm’s unwavering commitment to championing consumers’ rights and holding manufacturers accountable for defective products.

In this Trial, CCA attorneys Michael H. Rosenstein and James P. Martinez represented Akop Terzian, who had purchased a defective 2019 BMW 850i that exhibited persistent mechanical issues despite numerous repair attempts by the manufacturer. Under the lemon law statutes, consumers are entitled to a replacement vehicle or a refund if their vehicle suffers from substantial defects that impair its safety, value, or use.

Throughout the trial, CCA’s lawyers meticulously presented compelling evidence demonstrating the extent of the defects and the manufacturer’s failure to rectify them adequately. Leveraging their expertise in lemon law litigation and years of trial experience, the firm’s attorneys skillfully navigated complex legal proceedings, advocating tirelessly on behalf of their client.

The verdict, delivered in favor of Mr. Terzian, not only secures justice for the individual but also sets a precedent for future cases involving similar circumstances. CCA’s success in this trial exemplifies their proficiency in navigating the intricate nuances of lemon law, providing clients with effective legal representation and recourse against corporate negligence. This result was particularly significant because BMW never offered a reasonable settlement to Mr. Terzian before the trial.

”We are immensely gratified by the outcome of this trial,” said Michael Rosenstein, a partner at CCA. “Our client’s perseverance in seeking justice serves as a testament to the importance of consumer rights protection. This victory reinforces our dedication to advocating for individuals who have been adversely impacted by defective vehicles.” CCA remains steadfast in its commitment to upholding the rights of consumers and ensuring accountability within the automotive industry. Their track record of success in lemon law cases underscores their reputation as a premier legal resource for individuals facing challenges with defective vehicles.

For more information about CCA and its legal services, visit www.thelemonfirm.com or contact Seth Manders at (310) 872-2600.

CASE INFORMATION
California Central District Court
Akop Terzian v. BMW of North America, LLC et al
Case Number: 2:22-cv-02454

BMW Recalls 80,000 Vehicles After Potential Brake Issue

The prestigious German automaker has recently announced a potential brake defect affecting 80,000 vehicles.

Braking System Fault Explained

As outlined in this NHTSA recall document, a host of BMWs are subject to recall after an issue with the brake component. Specifically, the issue is related to the electronic stability control and service brakes. 

NHTSA has stated: “The integrated brake (IB) system may malfunction and result in a loss of power brake assist or cause the Antilock Brake (ABS) and Dynamic Stability Control (DSC) systems to not function properly.”

As a result of this defect, the braking distance could increase and the failure of the respective ABS and/or DSC systems could result in loss of vehicle control. Any of these instances will increase the likelihood of a crash.

Fortunately, the document also outlines that if the systems affected did malfunction, then it would not affect the mechanical braking ability or emergency brake. It also states that the emergency brake will automatically switch on if the braking performance is reduced. 

BMW has tried to reassure owners by explaining that any issue with the braking system will cause a warning light to illuminate on the dashboard. If this is the case, owners need to take their vehicles in for inspection immediately.

Which BMW Models Are Affected?

The vehicles affected as part of this recall include the BMW 530i, 740i, 760i, i5, i7, X1, X5, X6, X7, and XM, and the Rolls-Royce Spectre all within the 2023 and 2024 model years. 

However, BMW has announced that most of the affected vehicles are X1, X5, and X7, models (64,658 vehicles out of the total 79,670). 

BMW has owned the Rolls Royce brand since 1998 and the Spectre model affected by this recall shares some of the same components in the German automaker’s premium lineup.

What Owners Need To Do Next

BMW will issue a letter in the mail to the affected owners beginning April 5, 2024. Where affected vehicles can be taken to a BMW or Rolls Royce dealership for a free replacement of the integrated braking system. Owners are also advised to contact BMW customer service at 1-800-525-7417 or Rolls Royce customer service at 1-877-877-3735 for more information.

How Consumers Can Take Back Control

This latest announcement from BMW and NHTSA affects a safety critical component in the braking system and poses a significant safety risk. Whilst the recall activation aims to prevent braking issues, many owners continue to be unhappy with the solutions provided by automakers. These problems have the potential to escalate into further legal action, just like this – underlining the importance of protecting consumer rights.

If you struggle with vehicle troubles and feel cornered against big vehicle brands, remember it is always better to have experts with you. With extensive experience and successful cases at hand, The Lemon Firm is your best bet. With the dedicated team members always at your disposal, the package becomes too good to be true. So, if your car is giving you a headache, don’t hesitate to reach out! 

Call 833 Lemon Firm and speak with a case analyst today!

Posted in BMW

BMW Initiates Recall for Unintended Cruise Control Activation Error

BMW’s iX models have encountered a pressing safety concern, which is known for unintended cruise control activation. With potential risks and hazards at hand, BMW has taken action by initiating a recall for the affected iX vehicles. Let’s explore the nature of problem, BMW’s response, the investigation into the cause, and the implications for both the company and customers. The Automotive Company must prioritize customer safety and address the issue promptly to ensure a reliable driving experience.

Let’s have a closer look at the details.

Main Problem

The main problem behind unintended cruise control activation in BMW’s iX models poses potential risks and hazards. This error can lead to unexpected acceleration or deceleration while driving. The inadvertent activation can occur when the driver turns the steering wheel at low speeds, accidentally contacting the cruise control button. The recall aims to rectify the software error responsible for this unintentional activation, preventing potential accidents and ensuring the safety of iX owners.

The iX Recall Announcement

In response to the unintended cruise control activation issue, BMW initiated a recall for the affected iX vehicles. The company is addressing the concern and informing affected customers. According to documents filed with the National Highway Traffic Safety Administration (NHTSA), more than 11,000 iX xDrive50 and iX M60 vehicles manufactured between 2022 and 2024 are being recalled due to a cruise control software error. 

Investigating the Cause

BMW has launched an extensive investigation to identify the underlying cause of the unintended cruise control activation. Through a thorough analysis of the software and system components, the company’s investigation has revealed that when turning the steering wheel at low speeds, there is a chance of unintended contact with the cruise control button. This contact could lead to unexpected acceleration or deceleration, which could pose a hazard on the road.

BMW’s Support for Affected Customers

This recent recall has raised concerns about the level of support provided to affected customers. It is crucial for customers to be well-informed and receive adequate assistance during such challenging situations. However, it appears that BMW’s response to this recall may have left some customers feeling uncertain and unassisted. Lemon Firm understands the frustration and confusion that can arise when dealing with automotive recalls.

How to Handle This Error

  • Stay informed about the recall process and updates from BMW.
  • Respond promptly to recall notifications and schedule the required software update.
  • Consider seeking legal advice from a reputable lemon law firm if significant issues persist.
  • Document any incidents or concerns related to the unintended cruise control activation.

If you require legal assistance regarding the unintended cruise control activation issue in your BMW iX vehicle, call (833) Lemon-Firm for a consultation to discuss your case and explore potential remedies available under the law.

Bottom Line

BMW’s recall for unintended cruise control activation in the iX models highlights the need for addressing safety concerns promptly. Ongoing investigations and seeking legal assistance, if needed, can help affected owners of these models to tackle this issue. It is also important for iX owners to respond to recall and take appropriate actions to ensure their safety on the road.

Lemon Law Firm’s experienced attorneys specialize in manufacturer defect cases, with a successful track record in recovering compensation. If you are facing issues with your hybrid or EV vehicle, call (833) Lemon-firm today.

Posted in BMW

All You Need to Know About BMW N63 Class Action Lawsuits

Back in September 2015, a class-action lawsuit was filed against BMW N63 Engines by Joon Bang and co at the US District Court of New Jersey. The lawsuit was based on the abnormal or high oil consumption rate seen in BMW N63 Engines.  

During the time of filing, the lawsuit claims that BMW was aware of the oil consumption abnormality in the N63 engines. And that the company even released a technical bulletin in the bid to redeem the defects even when they knew that would not save the situation. However, the lawsuit believed that the automaker did that just to buy time so warranties will expire. 

Furthermore, the lawsuits also claimed that BMW addressed the situation by advising dealers to overfill the concerned vehicles with engine oil. But then, overfilling a vehicle can lead to serious damage. 

This case was quite serious to the extent that the lawsuit was transferred to New Jersey federal court. At some point, a similar lawsuit was still filed against N63TU engines which is an updated version of the N63 Engine. 

Apart from the oil consumption issue, the plaintiffs also complained that the batteries in these vehicles drain at a high rate. Therefore, requires replacement every year or at every 10,000 miles of the ride.

These transpired for a while until BMW finally agreed to settle these issues by proposing a settlement and reimbursements programs to avoid incurring unnecessary future litigations themselves. Now let’s look at some of these programs.

The Settlement and Reimbursement Programs

Starting with the battery issue, the automaker issued TSB SIB 61 30 14 asking BMW to change the batteries at each oil refill or change if the battery has not been changed in the previous one year or 12 months. In addition, owners will be provided with free spare batteries until the BMW’s four years or 50,000 warranty expires. 

As regards the oil change, the automaker proposed to reimburse owners or lessees money paid for the cost of three oil changes of not more than $75 each, so far the owner or lessee paid for the oil change done during 10 years or 120,000 miles from the first use. 

On the other hand, owners can still choose to receive a free oil change instead of the $75 cash reimbursement plan. 

But in the case of N63TU Engines, the automaker plans to reimburse an amount not exceeding $95 each for the cost of four oil changes.  

Also, BMW engine class action lawsuits customers will be reimbursed an amount close to $900 for unsuccessful oil consumption tests and repairs at BMW dealers. This can only be done if they provide proof of the amount paid before the effective date of the lawsuit settlement. 

BMW customers affected can also file claims to obtain $1,500 credit on the purchase or lease of any BMW 7 series, 6 series, X7, X6, or X5. As regards other models, owners can apply to obtain a credit of $1000. The validity of these credits is just a year from the BMW settlement effective date. 

Meanwhile, BMW promised to provide customers affected with replacement batteries at no cost, provided the batteries failure occurred within the 2 years’ warranty period. And assuming the failure is not from the customer’s negligence.

Also, customers affected by the N63 engine issue are entitled to one service/maintenance under the customer care program. Customers who wish to have their engine changed in the process, can do that but they would have to pay part of the cost.

Currently, Attorneys representing BMW owners are pushing for $1.9 million for expenses. And each plaintiff is expected to receive at least $3000 each. This pales in comparison to the compensation you may qualify under the California Song Beverly act.

Note: This reimbursement program doesn’t only include older models engines with N63 Engines. It also involves newer models like:

  • 2013-2019 BMW 650i
  • 2013-2015 BMW 750i
  • 2013-2015 BMW 750Li
  • 2013-2017 BMW 550i
  • 2014-2016 BMW 550i GT
  • 2014-2018 BMW X5
  • 2015-2019 BMW X6

Conclusion

At the Lemon Firm, we are a team of experienced attorneys who can help you recover the right compensation if you are experiencing any of these defects in your BMW vehicle. Why don’t you contact us today for a free consultation?  

BMW’s Defect Water Pumps

By Andrea Plata

A water pump is a critical engine component that circulates water and coolant throughout the engine in order to prevent engine overheating.  For years, BMW owners have suffered through repeated failures of their vehicles’ water pumps resulting in costly repairs and resulting damage.  A water pump failure, if not promptly addressed, can lead to catastrophic engine failure.  

Recently, a class action lawsuit has been brought against BMW for defective water pumps. The lawsuit was initiated after consumer complaints of alleged defective water pumps in select BMW models. BMW has since worked out a settlement with consumers putting a halt to litigation. 

What is an Automobile Class Action Lawsuit? 

A class action lawsuit is a lawsuit brought by a group of plaintiffs who have suffered similar damages or injuries. Automobile class action lawsuits are typically brought when a group of plaintiffs is claiming that a specific auto part has either design or manufacturing defects. The term defect is used to describe a condition of a consumer product that does not meet a consumer’s reasonable expectation. 

Consumer Complaints 

Consumers brought the class action against BMW after experiencing issues with the car’s electric water pump. The complaint cites various issues with the water pumps including premature failure and needing frequent replacements. The water pumps allegedly cause the engines to leak coolant and overheat. These defects have cost consumers extra out-of-pocket costs for replacement pumps as they are not covered under BMW warranty. 

BMW has denied that the water pumps are defective and has refused to recognize a breach of warranty to cover the cost of replacement pumps. 

Defective Models 

The BMW class action covers certain models known to be affected by defective water pumps. The lawsuit settlement includes all current and former U.S. owners and lessees of the following BMW vehicles: 

  • 2008-2013 BMW 135i
  • 2007-2013 BMW 335i, 335i xDrive, 335is Convertible
  • 2008-2016 BMW 535i, 535i xDrive, 535i Active Hybrid
  • 2012-2017 BMW 640i, 640i xDrive
  • 2010-2015 BMW 740i, 740Li
  • 2012-2015 BMW X1 3.0si
  • 2011-2017 BMW X3 xDrive
  • 2015-2018 BMW X4 xDrive, X4 M40i
  • 2007-2013 BMW X5 3.0si, X5 xDrive 30i, X5 xDrive
  • 2008-2019 BMW X6 sDrive, X6 xDrive
  • 2009-2016 BMW Z4 sDrive

The BMW class action lawsuit was filed in the U.S. District Court for the District of New Jersey: Oliver, et al., v. BMW of North America, LLC.

If your BMW vehicle has suffered from repeated water pump failures or other concerns, we invite you to contact CCA today for a free consultation: (833) LEMON-FIRM. 

BMW Recalls X5, X6, and X7 Vehicles

By Nicole Halavi

In February 2021, BMW issued a recall for 21 vehicles because the joint connections in the steering column may not have been tightened to specifications.

Included in this recall are 2021 BMW X5 sDrive40i, X5 xDrive40i, X5M, X5 xDrive45e, X6 sDrive40i, X6 xDrive40i, X7 xDrive40i and X7 M50i vehicles.

BMW dealers will either replace the joint bolts or, potentially replace the steering column shafts and universal joints.

Affected customers should keep an eye out for the recall as it is expected to begin on March 23, 2021.

What Can I Do if I’m Driving a BMW Model Listed Above?

If you are driving a BMW that is exhibiting any of the issues discussed above concerning the joint connections, California’s lemon laws are here to protect you and prevent any further complications. The attorneys at CCA are very knowledgeable about the issues associated with the joint connections in BMWs and will work with you to fight back against the automaker.

Please do not hesitate to call CCA today for a free consultation: (833) LEMON-FIRM. We’ll get you the compensation you deserve – and at no cost to you!

Posted in BMW

BMW Motorcycle Handlebars Violently Shaking

By: Sepehr Daghighian, Esq.

BMW is a German manufacturer that has been designing, manufacturing, and producing luxury vehicles and motorcycles since 1916. The multinational company is headquartered in Munich and produces luxury vehicles all over the world, primarily in the US, UK, India, China, South Africa, Germany, Brazil, and Mexico.

BMW motorcycles, or Motorrads as it’s often called, boasts a massive spread of luxury lineup, including sports, tour, heritage, adventure, and more. BMW Motorcycles claims to offer dynamic user experience and driver-oriented machines with high reliability. However, the latest consumer report satisfaction polls seem to have a contradicting opinion. There have been several user complaints and NHTSA (National Highway Traffic Safety Administration) investigations in the past few years. This occurred as a result of customer dissatisfaction with the BMW motorcycles, which has led to uncertainty surrounding the motorcycles’ worth and reliability.

CCA is here to help if your BMW Motorcycle has suffered defects or is presenting signs of any serious issues. We invite you to call our experts today for a free consultation: (833) LEMON-FIRM.

What is the handlebar issue in the BMW Motorrads?

Below is a brief list of the BMW Motorcycle Models currently under investigation:

    • K 1600 GT
    • K 1600 B
    • K 1600 GTL
    • K 1600 Grand America

In 2019, after receiving a significant number of complaints regarding instability and vibrations from handlebars in BMW motorcycle, NHTSA opened an investigation and described the issue as follows: “While riding at highway speeds or decelerating, the front handlebars may oscillate and shake violently causing the operator/rider to lose control of the bike potentially resulting in injury or death.”

The instability of the vehicle can result in extremely dangerous accidents if not resolved immediately. Most people say that slight vibrations in motorcycles can be ignored as it seems to diminish over time. However, the expectations are much higher when paying high prices and opting for a luxury motorcycle from a reputable brand such as BMW.

A user of the BMW K-16 model described the issue as, “When reaching speeds of 60+ the bike shakes violently during high winds or behind trucks. Switching lanes is even scarier. To enhance this issue all you have to do is raise your wind screen and fully open up the air vents on the sides of the bike. For have your PSI on tires at 40 or Below”.

Another user further expanded on the issues and stated: “This motorcycle is unstable in any wind condition at highway speeds. It is severely buffeted enough to cause fear in an experience rider. I am fairly certain that, when this occurs, the bike is at the limits of the envelop of stability and expect it to wobble or weave into deadly oscillations (not sure what this says?). The dealers should warn people not to buy this machine. I have been riding for 50 years on all types of motorcycles and this is the most unstable I have ever ridden.”

From all the user complaints, this appears to be an extremely serious potentially life-threatening issue. 

What can I Do if My BMW Motorcycle Has Been Vibrating and Shaking?

If you have noticed any of the issues discussed above, such as continuous and vigorous vibrations, unusual sounds, instability, or other such problems, California’s lemon law is here to protect you. CAA is equipped with a set of experienced motorcycle lemon law lawyers ready to help you find a solution to your problem. Our lawyers are well versed in issues plaguing BMW Motorcycles and are experts in lemon law. Feel free to reach out to us for a consultation regarding your motorcycle. 

Contact our experts for a free consultation at (833) LEMON-FIRM.

Posted in BMW

BMW M-Series Transmission Issues

By Sepehr Daghighian, Esq. 

BMW’s M-series high-performance vehicles are revered by car enthusiasts for their unique combination of functionality and exhilarating performance. Indeed, M-series are considered by many to be the pinnacle of BMW’s product line. BMW M-series vehicles, however, have recently suffered an unfortunate and serious transmission defects that have resulted in the issuance of a nationwide recall.  

According to BMW publications, due to the location and routing of the transmission wiring harness on its vehicles, the harness could become damaged. A damaged transmission wiring harness could lead to a short circuit, affecting transmission function, and cause the vehicle to lose propulsion and shift into Neutral while driving. As BMW acknowledges, having the vehicle spontaneously drop into Neutral this could result in a crash.  

The BMW M-series vehicles affected by the transmission concern include the following:

  • 2019 BMW M5 Sedans;
  • 2019 BMW M8 Convertibles;
  • 2019 BMW M8 Coupes;
  • 2019 BMW M8 Gran Coupes;
  • 2019 BMW X5M Sports Activity Vehicles; and
  • 2019 BMW X6M Sports Activity Vehicles.  

According to reports, BMW has furthermore issued a rare “stop-sale” on the above vehicles, halting sales to consumers until the recall issues are resolved.  

Serious vehicle issues require serious vehicle representation, particular when you’ve invested in a high-performance vehicle. If your BMW M-series vehicle has encountered unfixable defects, we invite you to contact our firm for a free consultation: (833) LEMON-FIRM.  

Posted in BMW