1st Gen R50 Cooper MINI Settles CVT Class Action Suit

The latest news on this as of Monday November 25, 2013

BMW of North America LLC has agreed to settle a class action lawsuit over allegations that it failed to disclose that certain MINI Cooper vehicles had transmission defects. If you have leased or owned a 2002-2006 MINI Hardtop or 2005-2008 MINI Convertible, you may be entitled to recover thousands of dollars or a reimbursement for out-of-pocket expenses you incurred for replacing or repairing the transmission.

This MINI Cooper settlement will resolve three class action lawsuits (Aarons v. BMW of North America LLC, Bourne-Miller v. BMW of North America LLC, and Bonomo v. BMW of North America LLC) that allege BMW engaged in unfair and deceptive conduct, was unjustly enriched, and breached express and implied warranties by failing to disclose that certain MINI vehicles equipped with Continuously Variable Automatic Transmissions (“CVT”) are defective and subject to premature transmission failure.

BMW denies the allegations but has agreed to provide refunds to consumers under a class action settlement that was preliminarily approved on Aug. 5, 2013.

Class Members of the MINI Cooper settlement include all current and former owners and lessees within the United States of the following vehicles equipped with a CVT:

2002 through 2006 model year MINI Cooper (R50) (produced June 11, 2001 through Nov. 28, 2006); and
2005 through 2008 model year MINI Convertible (R52) (produced March 6, 2004 through July 31, 2008).

The only way to receive payment from the MINI Cooper class action settlement is to submit a Claim Form and required documentation online or by mail postmarked no later than April 2, 2014.

A final approval hearing for the class action settlement has been scheduled for April 28, 2014.

The MINI Cooper Class Action Settlement is Aarons, et al. v. BMW of North America LLC, Case No. 2:11-cv-07667-PSG-CW, in the U.S. District Court for the Central District of California.

To file a claim visit https://eclaim.kccllc.net/caclaimforms/bwb/Landing.aspx They can filed either online or by mail. You have until April 2, 2014 to file.

You should also read the FAQ about this to see if you even qualify.

 

This does not help me at all, or will it at some later time? My '03 Cooper has a CVT and 54k, but no problems since I bought it used in early '04.

 

So, yours is not defective! :biggrin5:

These refunds are pro-rated too, you have to read all the fine print that comes in the letter to CVT owners.

And the people who REALLY won in this case are (of course) the lawyers, who are supposedly getting $1.9 mill + in the settlement.

 

And the lawyers get even more if they own a defective CVT MINI....

 

No, all it has ever had was a bent tranny fluid pan lip that cleared the factory unnoticed and was repaired in Dublin, Ohio, right after I bought the car in early '04 with 2,500 miles on it. I tracked it at Putnam Park with the Phil Wicks Schools and at Autobahn, too. It has gone to the Dragon and MOTD numerous times [was there this year, too]. Normally I take it only to local and national British Car Shows since I know the tranny is suspect.

I keep the fluids changed and people at the original dealer [MAG] seem amazed at the great shape it's in.

 

We have a local club member that has over 200K on his and tracks it regularly, but he credits it's longevity to having the dealer change the fluid every 30K.

 

Got my letter earlier this week. Since it is not finalized it is subject to change, but it does have a table of years and miles and then a percentage of coverage they will allow based on repair at MINI.

There is also money for repair a a 3rd party.

Looks like the extended coverage runs until April 2, 2014 but if you are already past the 8y/150k and no failure, you are out of luck.

As for the money for those that sold their car at a loss it only kicks in if you can document that the CVT failed, you didn't repair, and you sold it for $4k or less. Plus they only pay out once. So if the VIN is recorded for one payout, a second owner that also got a failed CVT cannot file a claim for a second tranny failure.

While my CVT didn't fail, I sure couldn't get book value out of the car when I sold it. Even so, I loved that R50 and it drove great. If it only had been a manual.......


www.minicvtsettlement.com