When your BMW vehicle is part of an emissions class settlement, you may be entitled to compensation as a result of the manufacturer’s bad acts.

The legal troubles facing the auto industry have expanded to touch almost every major manufacturer or diesel vehicle. BMW is no exception - both the X5 and 335D are the subject of legal claims which allege that defeat devices are being used to conceal the vehicles’ emissions in excess of federal regulations. You can read the case and the claims of wrongdoing here.

Each of the cases involving BMW’s diesel vehicles hinges upon the use of an illegal cheat or defeat device to conceal the actual level of emissions a vehicle releases during normal operation. Although BMW promoted the X5 and 335D as providing a better emissions footprint and fuel economy, the 2018 class action alleged emissions defeat device software was installed on diesel X5 and 335D vehicles to pass emissions standards in a testing environment while they actually emitted levels of NOx that exceed federal law when in operation on the road.

Similar to the allegations in the Mercedes class action, the BMW vehicles in question are alleged to release an excess of NOx when the engine is operating at a lower temperature. In the case of BMW, the NOx levels are claimed to be up to 34 times the legal limit when the engine is below 68 degrees, which happens to be the “lower allowable laboratory temperature limit for the certification test cycles.” In short, because of the temperature restrictions in labs that test vehicle emissions, the alleged excess emissions could never be discovered during regulatory testing efforts.

Volkswagen and Bosch have been named co-conspirators in the action for the role they played in BMW’s defeat device scheme. In addition to the RICO charges brought against BMW, seventy-eight other claims were raised under various state laws aimed at protecting consumers from fraudulent and deceptive business practices.

The BMW emissions scandal has been highlighted at length in the media and there are plenty of facts for U.S. owners to consider when researching their legal options. In addition, internationally, investigators continue to collect evidence of the company’s emissions cheating by raiding BMW’s offices. The manufacturer was already fined millions by European regulators for installing “defective” engine software in their diesel vehicles - those fines came with the recall of thousands of vehicles in relation to fixes to the emissions systems.

The main concern of 2009-13 X5 and 2009-11 335D BMW owners should be about what may come out of the ongoing class action and governmental investigations. Many people do not understand the implications of emissions scandals and dismiss the problem thinking that a system which can give them better fuel economy and performance cannot harm them. However, in addition to the alleged damage to the environment caused by an excess of NOx emissions, the damage to individuals who own vehicles that are the subject of an emissions scandal arises in how the class action cases are frequently resolved.

Even after a class settlement is reached, the repairs for the emissions violations can impact vehicle performance, resale value, and more.

There are very real concerns to be had about any and all software updates required to bring vehicles into compliance with federal emissions standards. Emissions update can create a wide range of challenges for owners nationwide, including those concerning overall vehicle performance and resale value. Our firm helped thousands of EcoDiesel owners opt out of class action lawsuits that do not protect their individual interests. We are dedicated to helping those vehicle owners pursue individual claims that can result in buy-backs, and more, rather than accept the settlement terms in a class action that the emissions scandal caused by the FCA forced them into.

If you are an owner of these vehicles, it is important to take action to protect your legal and financial interests. Unfortunately, emissions class action cases almost always include all owners in their terms. That means, without taking specific steps to opt out of the class action and formally ‘reject’ the settlement’s terms, every current and former owner is bound to the terms reached between the manufacturer and the class action law firm. The consequences of a class action settlement for owners who fail to opt-out in time can be financially devastating - these settlements can limit your legal options in the event that a software update goes badly and/or creates a wide range of unexpected problems.

This is why it is crucial for BMW owners to get information early and have a law firm by your side that can help explain your legal options and rights if you receive notice of an emissions class action settlement.

Stern Law is dedicated to assisting vehicle owners by preparing individual claims against BMW for the same emissions violations alleged by class counsel. At no out-of-pocket cost, you can stay informed on developments in the class action and review your legal options to opt-out of any class settlement that does not meet your unique, individual needs. Although a class action generally includes all owners in their terms unless you follow the opt out processes, we can help protect your financial and personal interests by pursuing an individual claim.

Stern Law believes in transparency and providing clients with regular and crucial updates. We also help to ensure that our clients are informed and educated about the impact an emissions class action can have on them.

To learn more about how you can protect your individual interests and opt-out of a class action emissions lawsuit, fill out our online contact form or call us at (844) 808-7529.