BMW 430i Does Not Have Promised Cornering Lights Class Action

This class action brings suit against BMW of North America, LLC on a very simple allegation: Its 2021 BMW 430i and 430i xDrive vehicles are sold as being equipped with cornering lights, but the vehicles do not in fact have cornering lights.

The National Class for this action is all persons or entities in the US and its territories who own or lease a 2021 BMW 430i or 430i xDrive vehicles which do not have the cornering lights indicated on its Monroney sticker.

The 430i comes in hard-top and convertible models. The complaint alleges, “Every Vehicle’s Monroney Sticker, i.e., window sticker, specifically states that its features include ‘Cornering Lights’ as a standard feature.” They are listed in the part of the sticker for “Safety and Security” features.

What are cornering lights? The complaint quotes BMW as calling them “an extra source of brightness around dark curves. They are activated when the front wheels are turned, increasing visibility around corners and illuminating otherwise hidden object like curbs or street signs.”

The plaintiff in this case, Garry Porter, Jr., bought a 2021 BMW 430i from a dealer in Delray Beach, Florida on December 30, 2020. The Monroney sticker for the vehicle said it had cornering lights. In fact, the complaint alleges that Porter bought the vehicle “because of all of the safety features listed on the Vehicle’s Monroney sticker.”

However, the following month, he got a letter from BMW telling him that the vehicle did not have cornering lights. In other words, the vehicle does not provide extra light when going around dark curves.

The complaint alleges that New Jersey laws can be applied to this case because BMW’s “United States headquarters and principal place of business are located in New Jersey. [BMW] also owns property and conducts substantial business in New Jersey…” and therefore BMW’s “alleged misconduct emanated from New Jersey.”

According to the complaint, [BMW] misrepresented that the Vehicles have Cornering Lights when, in fact, they do not, in direct contradiction to the Monroney Sticker that is attached to every Vehicle prior to purchase or lease.” It adds, “By its action, [BMW] has [disseminated] and continues to disseminate uniform false advertising concerning the Vehicles, which advertisements, by their nature, are unfair, deceptive, untrue, or misleading. Such advertisements are likely to deceive, and continue to deceive, the consuming public…”

The complaint appears to be asking for “appropriate penalties, including treble damages, attorneys’ fees, and costs of suit.”

Article Type: Lawsuit
Topic: Automobile
Tags: Deceptive Advertising, Deceptive Labels, Does Not Have Promised Features