BMW Low-Pressure Fuel Pump Coverage Under CA Emissions Warranty Class Action

California requires that automakers offer a warranty that covers emissions-related parts, for up to seven years and 70,000 miles. The complaint for this class action alleges that BMW of North America, LLC (BMW) only began offering coverage for a low-pressure fuel pump assembly in certain of its vehicles in 2018 and therefore brings suit on behalf of those who own certain older vehicles with this fuel pump assembly.

Two classes and two subclasses have been defined for this action:

• The California Class is all persons in California who have been owners or lessees of 2011-2017 BMW X3 vehicles and 2014-2017 BMW X4 vehicles and whose low-pressure fuel pumps are not covered for seven years or 70,000 miles.
• The Reg 177 Class is all persons who have been owners or lessees of 2011-2017 BMW X3 vehicles and 2014-2017 BMW X4 vehicles in states which, in the year their vehicle was distributed, had adopted the California emissions warranty and whose low-pressure fuel pumps are not covered for seven years or 70,000 miles.
• The California Out-of-Pocket Subclass and Reg 177 Out-of-Pocket Subclass are those in the above classes, respectively, who have paid out-of-pocket for repairs and parts for defective low-pressure fuel pumps before the vehicle reaches seven years or 70,000 miles.

The California Code of Regulation (CCR) requires that vehicle manufacturers provide a general emissions warranty for new vehicles for three years or 50,000 miles, for defects “which cause the failure of a warranted part [or] which would cause the vehicle’s on-board diagnostic malfunction indicator light to illuminate[.]” If a part is considered a “high-priced” warranted part, the complaint alleges, the warranty must be extended to seven years and 70,000 miles.

The complaint alleges that, if a defect makes the malfunction indicator light (MIL) light up, then the defective part is considered a “warranted part” “even though the primary function of the defective component is not directly related to emissions control.”

Therefore, the low-pressure fuel pump must be covered by the warranty, the complaint says, because it “has been legislatively categorized as an ‘emissions-related’ part because a defect or failure of the Low-Pressure Fuel Pump will cause the ‘check engine’ light to illuminate; will cause the vehicle to fail a smog check; and will cause an increase in ‘regulated’ greenhouse gas emissions.”

The complaint further contends that the low-pressure fuel pump is not only a warranted part under the California emissions warranty but also a high-priced warranted part that must be covered for the longer term of seven years or 70,000 miles.

However, the complaint claims that, in an effort to keep its costs down, BMW has limited the parts it will cover under the emissions warranty, and that when the low-pressure fuel pump “goes bad,” BMW refuses to cover it. The complaint asserts that BMW has improperly refused to cover repairs for the low-pressure fuel pumps and instead has made the vehicle owners pay.

Article Type: Lawsuit
Topic: Automobile
Tags: Breach of warranty, California Emissions Warranty, Fuel Pumps, Refusal to Honor Warranty