BMW M Compound Brakes Loud Squealing Noise Class Action

Can brakes that make “a loud, high-pitched squealing noise” be a safety hazard? The complaint for this class action alleges that they can. At issue are the M Compound brakes in certain vehicles from BMW of North America, LLC, such as the 2020 BMW M8 convertible. The complaint alleges that the loud noise made when the brakes are applied startles and distracts the driver of the vehicle, other drivers in the vicinity, and nearby pedestrians, thereby increasing the risk of accident, injury, or death. Also named as defendants in this case are Valencia B Imports, Inc. and Pacific BMW, sellers of the vehicles at issue.

There’s another reason the complaint claims that the squealing noise threatens safety. The complaint alleges that “consumers rely on the squealing noises to indicate when the brakes need to be repaired. If the brakes always squeal and squeak, then consumers will not know when the brakes actually need to be fixed.”

Why do the brakes squeal at all? The complaint quotes a Technical Service Bulletin (TSB) on the problem, advising dealerships to tell customers “that the M Compound (standard equipment) and M Carbon Ceramic (optional) brakes are high-performance brake systems which are designed for sport, dynamic driving styles. As a side effect of the highest possible brake performance, customers are likely to hear noises due to the extremely resilient materials.”

The TSB goes on to advise, “In the same conversation, inform the customer that his/her braking performance can help ensure that the noises do not occur or disappear quickly.” The TSB, the complaint claims, claim that it takes the M Compound brakes around 310 miles to complete a “running-in” process, after which the squealing noise should disappear. The complaint alleges, “There is no reason the M Compound Brakes should continue to make the loud squealing noises after the breaking in period.”

Still, the complaint alleges that, when customers complaint about the noise, BMW tells then that it is “normal.”

Two classes have been defined for this action:

• The National Class for this action is all persons and entities in the US who bought or leased, or will buy or lease, one of the vehicles at issue, on or after BMW placed the vehicle into the stream of commerce. (The class does not include those with claims for injury or damage resulting from the brake defect.)
• The California Class is all persons and entities in who bought or leased, or will buy or lease, one of the vehicles at issue in California, on or after BMW placed the vehicle into the stream of commerce. (The class does not include those with claims for injury or damage resulting from the brake defect.)

Article Type: Lawsuit
Topic: Automobile
Tags: Brakes, Defective Automobile