1st Gen R50 Cooper Class Action in California - 1st Gen MINI with CVT

Discussion in '1st Generation: 2002–06 R50, R53 & 2004–08 R52' started by Nathan, Sep 21, 2011.

  1. Nathan

    Nathan Founder

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    Having transmission problems with your MINI Cooper? You’re not alone. A federal class action lawsuit claims BMW of North America installed “shoddy†automatic transmissions in first-generation MINI’s that are prone to premature failure and cannot be reasonably repaired, forcing consumers to spend thousands of dollars to replace them and putting them at risk of serious harm.

    According to the BMW MINI Cooper class action lawsuit, BMW aggressively marketed the MINI Cooper as a stylish, high performance -- yet affordable -- vehicle, and launched the MINI amidst great fanfare. The marketing campaign was so successful that buyers lined up to get their hands on the first generation MINIs and waited months to a year for a delivery.

    “There’s a saying that if something sounds too good to be true, it probably is…[and] after the dust settled from BMW Group’s marketing fervor, owners of First Generation MINIs found that they had been duped because their vehicles did not stand the test of time,†the MINI Cooper class action lawsuit states.

    “In their haste to create a new ‘premium small car’ market, BMW Group sacrificed quality to meet demand and keep the sales price low, and as a result, First Generation MINIs were quickly churned out with substandard parts and shoddy workmanship. BMW Group refuses to take responsibility for these actions, and instead, prefers that its customers be left to clean up the mess it created.â€

    The MINI Cooper transmission class action lawsuit takes aim at BMW’s failure to disclose a material problem concerning the Continuously Variable Transmissions (CVTs) installed in first generation MINIs, which the lawsuit alleges are prone to premature failure.

    “As a result of BMW Group’s failure to disclose the fact that CVTs installed in First Generation MINIs are prone to premature failure, consumers are required to spend approximately $6,000 to $9,000 (one-third to one-half of the original purchase price) to repair or replace their CVTs, or sell their vehicle without repair for a substantial loss,†the MINI Cooper CVT class action lawsuit states. Their failure to disclose the problem also places the driver and passengers at risk of serious harm, the lawsuit continues, because the CVTs can fail without warning, resulting in a complete loss of power to the drive wheels.

    “As a result of its failure to disclose the material fact that CVTs installed in First Generation MINIs were prone to premature failure, BMW Group has recklessly placed the safety of the owners and occupants of First Generation MINIs at risk, and caused owners of those vehicles to suffer damages.â€

    The MINI Cooper defective transmission class action lawsuit seeking restitution, damages and other relief for a proposed class of all California residents who, at any time prior to the filing of this complaint, purchased or leased a 2002-2006 MINI Cooper Coupe or 2005-2008 MINI Cooper Convertible in California.

    A copy of the BMW MINI Cooper Defective Transmission Class Action Lawsuit can be read here.
     
  2. minimark

    minimark Well-Known Member

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    Ouch...why just California if true?
     
  3. Justa Jim

    Justa Jim Well-Known Member
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    Based on recent posts here, I'm guessing they are trying to get all the CA drivers they can before they kill themselves on the highway. Then they will reach out to other states. :D

    Jim
     
  4. rkw

    rkw Well-Known Member

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    The link didn't work for me. Try this.
     
  5. Crashton

    Crashton Club Coordinator

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    Personally I think saying that the CVT risks folks safety is a bit of a stretch, but legal types are known to do that. Any car can stop running, nothing new there.

    I do think BMW should offer to buy back all of the MINIs out there with those god awful rubber-band tranies in them.
     
  6. WinnieMiniFW

    WinnieMiniFW Club Coordinator

    I have one and I am always worried that it is going to go out. I freak out if I feel any disturbance (even my own driving and not the actual transmission doing it), thinking its my CVT. I am just hoping that my extra special care of my CVT helps it keep running well. Even if I do have to driving 150 miles for a tranny fluid change. I would have a manual, but my husband can't drive one :mad2:
     
  7. Metalman

    Metalman Well-Known Member
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    You are not fully enjoying your MINI if you are constantly worrying about the CVT. Go ahead and trade it in for a manual. Your husband can learn. I did it 42 years ago. Orrrrr, trade him in for one that can shift......:Thumbsup:
     
  8. KittyMini

    KittyMini Club Coordinator

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    My first MINI had the dreaded Midlands tranny :yikes:
    When I traded it in, it was still working fine.
     
  9. k-huevo

    k-huevo Club Coordinator

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    I don't think many CVT owners are aware of how important fluid maintenance is. Half the potential problems can be avoided by maintaining fluid levels and frequent fluid changes.

    The MINI has a steel drive band. The absurd cost of replacement and parts is the major crime. The steel drive belt costs over $600.
     
  10. WinnieMiniFW

    WinnieMiniFW Club Coordinator

    Welllll, I guess I should rephrase and say that I not always worried, but I get over worried about it when something perfectly normal happens because of throttle by wire, but I automatically go thinking its the tranny. I really love my MINI though :biggrin5: She's great. When I can get a new MINI it'll definitely be a manual. But I am going to enjoy the heck out of my first MINI!:arf:
     
  11. Firebro17

    Firebro17 Dazed, but not Confused
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    Some cars just should'nt have an auto trannie..... The classics had nothing but trouble too. It's a sign.
     
  12. Crashton

    Crashton Club Coordinator

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    The Midlands is a fine tranny in comparison to the CVT rubber-band one. Although it has its own share of problems. I drove a loaner that had a CVT & could not believe how it screwed up an otherwise fine car.
     
  13. Crashton

    Crashton Club Coordinator

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    Yes I am aware they are made of metal that acts like a rubber band. :cornut:
     
  14. Crashton

    Crashton Club Coordinator

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    The fact that MINI switched to the current automatic sent a message to me that they too thought it was a piece of carp.

    I have yet to meet any CVT that I have liked.
     
  15. 05r50

    05r50 Well-Known Member

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    Hey Chuck

    Chuck,

    I thought you liked my MINI and my CVT:D
     
  16. Crashton

    Crashton Club Coordinator

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    I like you & your MINI, but sorry no CVT love from me.... :nonod:
     
  17. wmwny

    wmwny Well-Known Member

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    Geeeze, Chuck...just hurt me. :cryin:
     
  18. Crashton

    Crashton Club Coordinator

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    Sorry Jeff same for your MINI too. Swap in a 5 speed & feel the silverback love. :lol:
     
  19. wmwny

    wmwny Well-Known Member

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    #19 wmwny, Sep 24, 2011
    Last edited: Sep 24, 2011
    The MINI has around 45k now and other than an early leak at around 6k that went unnoticed as it left the factory until I had it repaired at MAG, I have NEVER had a problem with it, since. It has been tracked [2 2-day Phil Wicks schools], gone Dragon-slaying and to MOTD 4x and gone on long trips as well as on various twisties.

    I don't mind a stick...would get one but do not want to get rid of the MINI...or the S for that matter.

    In retrospect, the only way I'd ever go back to a stick is if one could go into the Cooper. I just love that car, not to mention its rare color and interior. In the meantime, its CVT will be driven sparingly...mostly to and from British car shows.

    So, all the above said, I guess I've been kicked out of the Silverback Club. Oh well...life goes on.....
     
  20. KittyMini

    KittyMini Club Coordinator

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    I wish my MINI was a 5 speed. I think that 6th gear is a waste in the US.

    Everytime I get a loaner I hate that they only auto transmission loaners. It's the weirdest feeling auto trans I've ever felt. I love MINIs but I do not like their auto trannies.
     

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