BMW Falsely Advertised 430i Vehicles as Equipped with Cornering Lights, Class Action Claims
Porter v. BMW of North America, LLC
Filed: May 17, 2021 ◆§ 2:21-cv-11316
A class action alleges BMW has falsely advertised that its 2021 430i and 430i xDrive vehicles are equipped with LED headlights with cornering lights.
A proposed class action alleges BMW has falsely advertised that its 2021 model year 430i and 430i xDrive vehicles are equipped with LED headlights with cornering lights, a safety feature that customers are told will assist in driving around dark corners.
The 16-page lawsuit, filed in New Jersey District Court, alleges the BMW vehicles do not, in fact, come with the advertised cornering lights, and that customers may rely on the “non-existent” features to their detriment in the course of normal driving.
The plaintiff, a Boynton Beach, Florida resident, claims in the case that the window sticker on BMW’s 430i coupe, which comes in hard top and convertible varieties, specifically states that “cornering lights” come as a standard feature. The lights, the suit says, are touted as “an extra source of brightness around dark curves,” and are activated when a vehicle’s front wheels are turned, increasing visibility around corners and “illuminating otherwise hidden objects like curbs or street signs.”
According to the complaint, however, the 2021 BMW 430i the plaintiff bought last December did not come with cornering lights as advertised. The man claims that he received a letter in January 2021 from BMW in which the automaker confirmed that his vehicle, contrary to representations on its window sticker, did not have the safety feature as he believed, but only LED headlights.
“In other words, his Vehicle, contrary to BMW’s representations at the time of purchase, will not provide the promised brightness around dark curves,” the suit reads, claiming the defendant “refused” to provide the plaintiff with any assistance when he contacted its client relations department in April.
The lawsuit alleges the plaintiff’s experience is similar to that of other drivers who fruitlessly contacted BMW about the cornering lights.
“Plaintiff and other members of the Class would have paid less for the Vehicle or not purchased or leased the Vehicle had they known that BMW’s representations were false,” the case contends.
Alleged in the complaint are violations of the New Jersey Consumer Fraud Act. The suit looks to cover all persons or entities in the United States and its territories who own or lease one or more 2021 model year BMW 430i or 430i xDrive vehicles that do not have the cornering lights that are provided on their Monroney window sticker.
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