How would you feel about paying for an expensive car, only to find that the interior smells bad? The complaint for this class action alleges that certain vehicles made by BMW of North America, Inc. have a defective heating, ventilation, and air conditioning system that accumulates mold or mildew and emits “a moldy, mildewy, or vinegar odor that permeates the vehicle cabin when the HVAC System is activated” and makes the cabin “unbearable[.]”
The Nationwide Class for this action is all owners and lessees of the vehicles at issue in this complaint that were bought or leased in the US or its territories. A Florida Class has also been defined for those who bought or leased their vehicles in Florida.
The vehicles at issue in this case are the following:
- 2014-2021 BMW 2 Series
- 2014-2021 BMW 3 Series
- 2014-2021 BMW 5 Series
- 2014-2021 BMW 6 Series
- 2014-2021 BMW 7 Series
- 2014-2021 BMW X3
- 2014-2012 BMW X4
- 2014-2021 BMW X5
- 2014-2021 BMW X6
The complaint alleges, “During normal and expected conditions, the HVAC System fails to properly evaporate or drain the condensation that accumulates within the system, creating a moist, hospitable environment for the growth of bacteria, fungus, mold, and spores, which then are blown into the passenger cabin when the HVAC System is in use.”
The complaint asserts that this is not just highly unpleasant; it can also “cause respiratory problems and aggravate allergies.”
According to the complaint, the smell occurs every time the HVAC system is used and is particularly strong during humid weather or after a rain.
The complaint alleges that BMW has known about this problem for a long time, through its own testing, customer complaints, the National Highway Traffic Safety Administration’s Office of Defect Investigation, online owner postings, and other sources.
However, BMW does not warn consumers about the defect. Instead, the complaint alleges that the company actually claims that the vehicles’ air quality has been improved by a number of means, including an emission-tested passenger compartment, a microfilter, and an air conditioning system that controls the temperature, the air flow, and a recirculated-air mode.
When vehicle owners or lessees complain about the smell defect, the complaint alleges that BMW provides only temporary fixes, such as changing the cabin air filter, inspecting drains to see if they are clogged, and using various cleaners. None of these things actually fix the defect, the complaint claims, so that they are not truly “fixes.” Even so, owners and lessees must pay for them, even when the vehicles are still under their original warranties.
BMW has issued and/or updated technical service bulletins on the problem several times.
Article Type: LawsuitTopic: Automobile
Most Recent Case Event
BMW Defective HVAC System and “Vinegar” Smell Complaint
December 10, 2021
How would you feel about paying for an expensive car, only to find that the interior smells bad? The complaint for this class action alleges that certain vehicles made by BMW of North America, Inc. have a defective heating, ventilation, and air conditioning system that accumulates mold or mildew and emits “a moldy, mildewy, or vinegar odor that permeates the vehicle cabin when the HVAC System is activated” and makes the cabin “unbearable[.]”
BMW Defective HVAC System and “Vinegar” Smell ComplaintCase Event History
BMW Defective HVAC System and “Vinegar” Smell Complaint
December 10, 2021
How would you feel about paying for an expensive car, only to find that the interior smells bad? The complaint for this class action alleges that certain vehicles made by BMW of North America, Inc. have a defective heating, ventilation, and air conditioning system that accumulates mold or mildew and emits “a moldy, mildewy, or vinegar odor that permeates the vehicle cabin when the HVAC System is activated” and makes the cabin “unbearable[.]”
BMW Defective HVAC System and “Vinegar” Smell Complaint