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Siskinds LLP has filed a proposed class action against BMW and Bosch alleging that illegal defeat devices were installed in BMW X5 vehicles model years 2009-2013 and BMW 335d  vehicles model years 2009-2011.

The proposed class action alleges that the BMW defendants and Bosch defendants equipped these vehicles with software that allowed them to defeat emissions testing. It is alleged that under ordinary driving conditions, these vehicles emit levels of pollutants that are far higher than advertised and allowed by law.

Do you own or lease a 2009-2013 BMW X5 or 2009-2011 BMW 335d equipped with Advanced Diesel with Blue Performance engine technology? Have you ever owned or leased one of these vehicles? If so, we want to hear from you. Please fill out the form below to learn more about our litigation. Your information will be held in strict confidence.

Developments

On March 27, 2018, Siskinds filed a proposed class action against Bayerische Motoren Werke AG, BMW of North America, LLC, and BMW Canada Inc. (“BMW”), and Robert Bosch Inc., Robert Bosch GMBH, and Robert Bosch LLC (“Bosch”), regarding the installation of illegal defeat devices in certain BMW XR and 335d models equipped with Advanced Diesel with BluePerformance.

The litigation is ongoing, and has not yet been certified.

FAQs

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

Who is affected by this class action?

You are affected by this class action if you owned or own, leased or lease in Canada one of the following vehicles equipped with Advanced Diesel with BluePerformance engine technology:

  • BMW X5 xDrive35d, model years (inclusive) 2009 - 2013
  • BMW 335d, model years (inclusive) 2009 - 2011

Do I have to pay anything to participate in the class action?

No. Class action will be paid on a contingency basis. This means that class counsel is only paid if successful. Class counsel will be paid a percentage of any settlement or court award, subject to court approval.

Can I join the class action?

There are no steps required to “join” the class action. Unless you opt out (exclude yourself from the class action), then assuming you fall within the scope of the class definition, you are automatically included in the class action.

What should I do to protect my rights?

To protect your rights, you should keep any documents evidencing your purchase and/or lease of the vehicles that are covered by the class action.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below.

On March 27, 2018, Siskinds filed a proposed class action against Bayerische Motoren Werke AG, BMW of North America, LLC, and BMW Canada Inc. (“BMW”), and Robert Bosch Inc., Robert Bosch GMBH, and Robert Bosch LLC (“Bosch”), regarding the installation of illegal defeat devices in certain BMW XR and 335d models equipped with Advanced Diesel with BluePerformance.

The litigation is ongoing, and has not yet been certified.

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

Who is affected by this class action?

You are affected by this class action if you owned or own, leased or lease in Canada one of the following vehicles equipped with Advanced Diesel with BluePerformance engine technology:

  • BMW X5 xDrive35d, model years (inclusive) 2009 - 2013
  • BMW 335d, model years (inclusive) 2009 - 2011

Do I have to pay anything to participate in the class action?

No. Class action will be paid on a contingency basis. This means that class counsel is only paid if successful. Class counsel will be paid a percentage of any settlement or court award, subject to court approval.

Can I join the class action?

There are no steps required to “join” the class action. Unless you opt out (exclude yourself from the class action), then assuming you fall within the scope of the class definition, you are automatically included in the class action.

What should I do to protect my rights?

To protect your rights, you should keep any documents evidencing your purchase and/or lease of the vehicles that are covered by the class action.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below.

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