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Old 01-09-2004, 08:01 AM   #1
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Lawsuit against BMW NA

I have posted this on some other BMW web boards so for those of you who have seen this before, you know what is coming next.

I am looking for people to join me in a class action lawsuit against BMW. I am about to commence an action against BMW of North America for consumer fraud.

I am referring to the ongoing problem that mostly affects e46 owners who have both the harman kardon radio system and the factory navigation system. (for more background do a search here and on bimmerfest.com with the key words "fading audio" or "mono" and you will see what I am referring to)

As has been documented on this board for over a year now, there is a problem with the FM section of the H/K radio that mostly affects cars with the NAV. It involves the radio's inability to lock onto and hold a stereo signal. The symptoms are that the FM radio fades in and out of repeatedly, regardless of reception area or speed of vehicle.

Although many consider a radio problem to be a minor thing, the problem is that BMW is UNABLE (or unwilling) to fix this problem!!! I have had my vehicle in to the dealership (two dealerships actually) for service 5 times before it was finally admitted to me that they cannot fix the problem. This issue has been ongoing for at least 3 model years now (and possibly 4). It was eventually admitted to me that BMW knows about the problem but that they view it as an "operational characteristic" of the vehicle and have no intention of doing anything about it.

Now it is one thing for a car company to sell a vehicle that they know will require a trip to the dealership down the road to fix a manufacturing defect. It is quite another to sell a car that they know cannot be fixed and just tell the consumer "too bad, you bought it, now you are stuck with it" which is what BMW has done. There are laws designed to protect the public from that kind of disgraceful corporate conduct.

One of the leading law firms in the United States that specializes in class action lawsuits has agreed to take this case. They are confident that there is a viable case against BMW North America for consumer fraud. It would be helpful if we were able to locate other people who have this problem from other states to join in the litigation. It would not cost you anything to join and the possibility exists of a financial recovery from BMW.

My purpose here, however, is NOT a financial windfall. It is to remedy a disgraceful situation. BMW has been getting away with denying this problem for 3 years, yet they continue to sell cars with this problem that they can't fix.

If your car is affected by this and you are interested in joining this lawsuit, please send me an email at [email protected].

For all of us out there who have just been burning up about this, the time has come to do something about it. BMW cannot be allowed to continue this fraud without paying a price for its disgraceful conduct.

[email protected]

ps - to the barage of flames that are about to be thrown my way by the BMW counterinsurgents (i.e., the people who start a flame war when anyone criticizes anything BMW), please save it. If you are not affected by this radio issue, this is not about you. I have heard it all before on the other web boards where I have posted this and would like to avoid it here. Your cooperation is appreciated.

Last edited by NamedPlaintiff; 01-09-2004 at 08:42 AM.
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Old 01-09-2004, 08:55 AM   #2
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My radio sucks as do my speakers, so What is it that I have to do?
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Old 01-09-2004, 09:04 AM   #3
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Hey whats up,

I am really sorry i haven't gotten back to you, but right after you PM'd me I went away for work and then the holidays came and I just forgot. I am still interested in this and am actually going to be bringing my car in to the dealer within a few days to have this and other problems looked at. I will e-mail you.
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Old 01-09-2004, 01:39 PM   #4
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Arrow Well Duh!

THATS WHY YOU SHOULD HAVE BOUGHT A KIA


HEHEEHHEEHEHEH
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Old 01-09-2004, 02:03 PM   #5
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my roommates M3 with nav and HK does something like that. he's been to the dealer at least 4 times but they cant and wont fix it. the speakers on one half of the car fades out completely and it does this quite often. Is it the same problem? He'd probably be down with this action
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Old 01-09-2004, 02:08 PM   #6
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cant you just buy new speaker?...would that fix the problem?...
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Old 01-09-2004, 02:18 PM   #7
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What about getting a new system(ie speakers subs amp)....would this fix the problem. Of course, this shouldn't have to be done at your expense, but is this a possible solution???
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Old 01-09-2004, 03:18 PM   #8
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Just curious, but are you already a member of this board with a new name for this purpose, or are you new? No offense intended - just curiosity.
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Old 01-09-2004, 03:28 PM   #9
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Good luck!

BWM NA needs a good assssss kicking. They are getting to rich and powerful that they have become arrogant, cocky, and complacent!
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Old 01-09-2004, 04:49 PM   #10
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I have an 03 325i without the HK system. I have the OEM "business CD" head unit and it SUCKS when it comes to reception. That stupid in-glass antenna simply does not work well and BMW's receivers don't have very good low radio signal reception. If the station doesn't have a good strong signal, BMW recievers are too weak to pull them in and the in glass antennas aren't helping.

This is why I NEVER get (pay for) the upgraded factory systems. For the added cost you could get a low priced after market system that will rock compared to what factory gives you.

For the kind of money we spend on these cars, the stock audio systems are awful! My mom just bought herself a new Altima and that base system is 10 times better than the base system in the 3 series. She actually has BASS that gets a bit loud.

I hear ya. I'm on your side. Good luck with your suit. You have a right to expect what you paid for to work well.

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Old 01-09-2004, 05:16 PM   #11
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I still maintain that instigating a class action lawsuit over sub-optimal radio reception is frivilous, at best.

I find it beyond absurd, personally.
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Old 01-09-2004, 05:43 PM   #12
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Plaz:

You have made that very clear on bimmerfest.

But I will try one last time to get through to you.

I am not doing this because I think the audio does not live up to a "premium" standard.

The problem is so pervasive that it makes the FM radio almost unlistenable.

I am totally within my rights to expect that the radio on my "luxury" car lives up to the most basic standard of functionality. The FM radio band has been broadcast in stereo since the late 1960's. Of the 9 cars I have owned previous to this BMW none have ever had this kind of problem. That runs the gamut from a 1970 Dodge Dart with an FM radio bolted under the dash by my older brother all the way to the 2000 Audi A4 that I traded in for the BMW. Several of these vehicles had window antenna's as well. The Audi had the exact same diversity antenna set up as the BMW but I never had a problem with it.

This is not about unreasonable expectations. It is about getting stuck with a defective POS and being told by BMW, in essence "too damn bad. you don't like it? sue us"

I tried everything to avoid it coming to this, all to no avail.

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Old 01-09-2004, 05:58 PM   #13
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I have PM you. Do you think the rattling from the sub woofers is also a part of this case? I have taken it in 3 times to get this fixed and it's happening again. =(
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Old 01-09-2004, 07:06 PM   #14
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I'm in. My BADASS 96 Hyundai Accent track car gets way more radio stations than my BMW. And I paid 37K for what?

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Old 01-09-2004, 07:27 PM   #15
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Quote:
Originally posted by blackbmw330
I have PM you. Do you think the rattling from the sub woofers is also a part of this case? I have taken it in 3 times to get this fixed and it's happening again. =(
That is an unrelated problem. I used to have a very bad case of that and now mine is absolutely perfect. Please search on here for more solutions, but I found that stuffing some old (clean, of course) socks in the empty subwoofer compartment that got rid of some piece rattling.

You just have to undo the bolts and clips for the subwoofer then stuff away. One way to see if that method will work for you before you do this is to firmly press on the interior under the rear window and near that hook looking thing (gps signal?) while you are currently experiencing that rattle. If the rattle goes away then I promise you that my method will work.

I acually used to stuff a soft toy basketball wedged in between my rear window and that spot. Worked ok, but looked foolish.

Good luck!
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Old 01-09-2004, 07:35 PM   #16
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Quote:
Originally posted by Plaz
I still maintain that instigating a class action lawsuit over sub-optimal radio reception is frivilous, at best.

I find it beyond absurd, personally.
I disagree. I think you would be just a tad bit upset if your steering wheel decided not to work or if your precious power seats stoped working, especially if bmw na said "too bad, you got sucker'd into buying it cause your a slave to society."
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Old 01-09-2004, 07:48 PM   #17
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Psh. You don't "sue" BMWNA for a small bug in a car. You sue if it's something that threatens your life, or false advertisement. It's a bug that I'm sure they can correct. Just my .02
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Old 01-09-2004, 07:54 PM   #18
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Quote:
Originally posted by jlevi
Psh. You don't "sue" BMWNA for a small bug in a car. You sue if it's something that threatens your life, or false advertisement. It's a bug that I'm sure they can correct. Just my .02
he said hes been to the dealership 4-5 times and they openly admit to be an issue and say "too bad." I think if you were in his shoes you'd be a little pissed too.

Like mercedes and the situation with ppl buying NAV and then not being able to retro fit NAV, when they were told it could done. merecedes took real good care of them.
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Old 01-09-2004, 07:56 PM   #19
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Originally posted by bender


I disagree. I think you would be just a tad bit upset if your steering wheel decided not to work or if your precious power seats stoped working, especially if bmw na said "too bad, you got sucker'd into buying it cause your a slave to society."
But sub-optimal radio reception affecting a small number of vehicles is not a safety issue worthy of a class action suit on behalf of all owners of his model BMW.

Should he get his malfunctioning radio fixed by BMW? Yes. Is a class action suit necessary to accomplish this goal? I highly doubt it.

If the real problem in getting this fixed lies with his dealer, he should try another dealer. If it lies with BMWNA, I suspect a single letter on his attorney's stationery would be enough to get them to keep replacing headunits until he gets one that works properly.

Cloaking oneself in righteous indignation and trying to drum up support for a frivilous class-action suit on every BMW board on the internet, I submit, is both overkill, and counter-productive to his goal.

This is not a universal safety problem, or even a universal non-safety related problem, that requires such drastic measures. I know it's not a universal problem because my radio works just fine. If mine can work fine, so can his.

I feel bad for the guy that he found an attorney willing to milk him out of his money before a judge laughs this out of court... though I'm not surprised.
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Old 01-09-2004, 08:11 PM   #20
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Quote:
Originally posted by Plaz


But sub-optimal radio reception affecting a small number of vehicles is not a safety issue worthy of a class action suit on behalf of all owners of his model BMW.


Should he get his malfunctioning radio fixed by BMW? Yes. Is a class action suit necessary to accomplish this goal? I highly doubt it.
its not a safety problem, but I seems like this was his last resort in an effort to presuade bmw to actively invest time into his problem.

Quote:
Originally posted by Plaz

If the real problem in getting this fixed lies with his dealer, he should try another dealer. If it lies with BMWNA, I suspect a single letter on his attorney's stationery would be enough to get them to keep replacing headunits until he gets one that works properly.
He said he went to 2 dealers already. If the problem is acknowledged at the first dealership, I don't think he should have to go to another dealership, because one is unwilling or too lazy to fix it. I too would have sent a letter with his attorney's letter head first, although I don't know if he tried that.

Quote:
Originally posted by Plaz

Cloaking oneself in righteous indignation and trying to drum up support for a frivilous class-action suit on every BMW board on the internet, I submit, is both overkill, and counter-productive to his goal.

This is not a universal safety problem, or even a universal non-safety related problem, that requires such drastic measures. I know it's not a universal problem because my radio works just fine. If mine can work fine, so can his.
I think its a start, the more ppl that come forth with the problem the more it will presaude bmw na to find a solution. I think bmw na would appeal to the masses with this problem rather one person. Also bmw na does monitor these online forums, so it really is a good starting place to for some action in solving this problem
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