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View Full Version : Attention all E92 328i Owners who didn't get Sport Suspension
STE92VE
09-19-2007, 09:43 PM
If you purchased/leased a 2007 E92 328i and it was produced between 3/1/07-4/17/07, you probably have the standard suspension components and not the sport calibrated suspension as advertised.
The proper suspension can not be retrofitted and BMW offered a $200 gift cert to be used for online purchases of hats and shirts. This is an insult.
A lawyer suggested bringing BMWNA to small claims court if a satisfactory resolution can not be reached. Who else is affected and wants to join me?
ohnoes
09-19-2007, 10:00 PM
I would probably encourage this, though I'm not a part. That is simply unacceptable.
Theodore
09-19-2007, 10:03 PM
FYI... I don't think small claims is what you want...
Bromaguire
09-19-2007, 10:28 PM
FYI... I don't think small claims is what you want...
I would agree. Wouldn't this become a class action lawsuit, considering they're probably quite a few people who were affected by this. This definatly sounds like something I would pursue untill your satisfied. A $200 gift certificate is just not gonna cut it.
ohnoes
09-19-2007, 10:33 PM
I would agree. Wouldn't this become a class action lawsuit, considering they're probably quite a few people who were affected by this. This definatly sounds like something I would pursue untill your satisfied. A $200 gift certificate is just not gonna cut it.
Yup.
It would be small claims if you were just suing BMWNA on your own behalf (and you wanted them to just replace the suspension, not issue a refund). But if you want others to "join" you, that would be a class action.
STE92VE
09-20-2007, 10:57 AM
Yup.
It would be small claims if you were just suing BMWNA on your own behalf (and you wanted them to just replace the suspension, not issue a refund). But if you want others to "join" you, that would be a class action.
As mentioned before, BMWNA will not retrofit the proper suspension components.
A class action lawsuit would take a very long time to seek resolution and would benefit the lawyers more than the participants, IMHO. In NYS, the limit on small claims is $5000 which is something that I would be satisfied with as a settlement.
BMWNA told me that I would have their answer this week. I am being a gentleman and will wait until tomorrow before I call them and notify them of my intent to proceed with a legal resolution to this issue.
Theodore
09-20-2007, 11:06 AM
I think its a $3000 limit in KS. Class action is the only way to go if you want to get a bandwagon together to go after BMW. Otherwise, you are going to have everyone suing individually which BMW can swat away one by one. Not even sure the "damages" you claim would fall under $5000...
...and if you have to be told that your car doesn't have parts you thought were there, with something as subjective as handling, you don't sound like you have much of a case. There is no damage or danger involved at all.
STE92VE
09-20-2007, 11:44 AM
...and if you have to be told that your car doesn't have parts you thought were there, with something as subjective as handling, you don't sound like you have much of a case. There is no damage or danger involved at all.
...and if you married your wife because she touted herself as a virgin but you later found out that she was the village tramp, would you be looking for compensation?
ohnoes
09-20-2007, 11:47 AM
...and if you married your wife because she touted herself as a virgin but you later found out that she was the village tramp, would you be looking for compensation?
Probably not. Not the best analogy, for Western cultures at least. :confused
But anyway, I would say you have a decent case, if indeed it was a case of blatant misadvertising/misrepresentation by BMWNA. And it does, in fact, sound like it was. But there may be other elements playing into the situation that I'm not aware of.
bigdog68
09-20-2007, 11:48 AM
This is interesting and I have heard that BMW will retro fit the sport suspension though. The reason I had heard though that there was not a sport suspension was that they wanted the cars to ship asap and the suspension parts har not yet arrived.
mmmcookies...
09-20-2007, 11:52 AM
subcribed...
STE92VE
09-20-2007, 12:01 PM
This is interesting and I have heard that BMW will retro fit the sport suspension though. The reason I had heard though that there was not a sport suspension was that they wanted the cars to ship asap and the suspension parts har not yet arrived.
Would you care to divulge your source of information? BMWNA told me directly that they won't retrofit the sport suspension. If they wanted to ship the cars ASAP, why did this issue only affect cars produced between 3/1/07-4/17/07? I'm not buying what you were told.
STE92VE
09-20-2007, 02:08 PM
...and if you have to be told that your car doesn't have parts you thought were there, with something as subjective as handling, you don't sound like you have much of a case.
Here's just part of the "case" I have:
http://uploader.meinwirt.com/files/18/Suspension.jpg
ohnoes
09-20-2007, 02:19 PM
Lol, I like the date format them crazy Europeans use. :rofl
Kevlar
09-20-2007, 02:59 PM
They could have simply not told you and said that cars that came after X date got an upgraded suspension due to normal product line upgrades... :dunno:
STE92VE
09-20-2007, 03:05 PM
They could have simply not told you and said that cars that came after X date got an upgraded suspension due to normal product line upgrades... :dunno:
That would have worked if they made changes to the specs of the car since they write all that disclaimer babble in the brochures that they reserve the right to make changes at any time. This was not the case though and eventually the truth would come out and then how would BMW look to the buying public? Sort of like, "Take this :finger22 Mr. John Q Public. We are BMW and we can do whatever we want." I don't think that is the reputation that BMW has built itself on or wants to be associated with. Look what happened to GM.
UVAwahoo
09-20-2007, 04:29 PM
I think the best way to get any kind of action/compensation would be to have a talk with whatever dealer you bought the car from. At that level a service manager/sales manager may make the call to get your suspension changed, provided you don't jump down their throats about it.
mryakan
09-20-2007, 04:36 PM
Lol, I like the date format them crazy Europeans use. :rofl
Hey, we Canadians use that format too, could it be the whole world is crazy but the US? ;)
monokakata
09-20-2007, 07:45 PM
So does the US military.
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