BMW Sued with Class-Action Lawsuit over Cheating Emissions-Test

German automotive manufacturer BMW faces a class-action lawsuit for allegedly cheating on its emission-tests on its diesel vehicles, specifically “tens of thousands” of X5 and 335D models built between 2009 and 2011. The lawsuit was filed in New Jersey’s federal court on Tuesday, which also sues BMW’s technology supplier, Robert Bosch GmbH, first reported by Bloomberg.

The claims say that the vehicles are polluting up to 27 times more than the legal limit, saying that vehicles emitted levels of nitrogen oxide “many times higher than their gasoline counterparts.”

“At these levels, these cars aren’t just dirty — they don’t meet standards to be legally driven on U.S. streets and no one would have bought these cars if BMW had told the truth,” said Steve Berman, the plaintiffs’ attorney who has filed similar claims against against Ford, Mercedes-Benz and Volkswagen.

"The vehicles' promised power, fuel economy, and efficiency are obtained only by turning off or turning down emission controls when the software in these vehicles senses that they are not in an emissions testing environment," the suit said.

Drivers say that BMW knew exactly what the company was doing by colluding with Bosch to evade emission tests. The plaintiffs accuse BMW of racketeering, corruption, fraud and unfair competition practice in all 50 states.

The plaintiffs point that BMW allegedly sought to bolster its U.S. sales, but found it hard to achieve its goals, which led to the BMW and Bosch to “orchestrating a fraudulent scheme and conspiracy.”

“BMW is taking this case very seriously and is vigorously pursuing clarification on this issue,” the carmaker said in a statement at the time. “BMW continues to assume this was a mistaken allocation of software and not a targeted manipulation of emissions controls.”

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