According to NorthJersey.com, a man from Florida is suing BMW over a defective fuel pump. Filed on October 27, the lawsuit alleges that the defect caused the man’s leased 335I to decelerate suddenly, putting him at risk of a traffic accident.
The New Jersey lawsuit claims that the manufacturer was aware of the defect but rather than issue a recall, kept the problem quiet. It claims that BMW marketed the 335i as having a technologically advanced fuel pump that would get rid of “turbo lag,” which is a delay in gaining speed and power that affects other turbo engines. The suit blames BMW for failing to disclose that the vehicle could potentially lose power and come to an unexpected stop under regular driving conditions. Additionally, the suit states that thousands of other BMW consumers have reported the failure but that the company has failed to issue a recall. Finally, the lawsuit alleges that BMW violated the New Jersey Consumer Fraud Act.
The day prior to filing the lawsuit, BMW voluntary announced a recall of over 130,000 of its motor vehicles, including the Florida man’s model. The recall came after an ABC News investigation and the possibility that BMW vehicles could be equipped with faulty fuel pumps, which could potentially cause the vehicle to “experience reduced engine performance.” BMW reports that at least 40,000 of the motor vehicles affected by the recall will likely be in need of a replacement fuel pump. According to the company, no injuries related to the defect in the recalled vehicles have been reported.
The models affected by the BMW recall are the 2009 and 2010 Z4 Roadster sDrive 35I; 2007 to 2010 335I; and 2008 to 2010 135I, 535I, and X6 xDrive 35I sports activity coupes.
No matter their location, car manufacturers have a duty to sell vehicles that don’t put consumers at unnecessary risks for traffic accidents. They should also produce vehicles that are defect-free. In addition to the rights provided to consumers by federal recall standards, California has tough consumer protection laws. If you have purchased a motor vehicle that cannot be repaired after a reasonable number of attempts, you may have a lemon vehicle, entitling you to a replacement car or your money back.
Howard D. Silver is a highly experienced and skilled California lemon law attorney. If you have been affected by car fraud, vehicle recalls, or lemon vehicles, call Mr. Silver today at (855) 341-2611 to learn about how he can protect your rights as a consumer.