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      03-28-2019, 12:33 PM   #1
JeffM2PRDallas
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Charge pipe- Action class lawsuit against BMW

Hello Fellows BMW owners.

Do you know if there is any action class lawsuit against BMW related to the charge pipe issue?

It has been proven that it will withstand stock boost pressures initially. But after age and repetitive heat cycles, the plastic becomes brittle and is prone to failure right where it connects to the throttle body.

I had to replace at approximately 17,000 miles, due to failure right where it connects to the throttle body.
Do you know how many people have gone through this! Just praying for an Action class lawsuit against BMW.
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      03-28-2019, 01:42 PM   #2
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And then what? a few years down the road you get a check for 50 cents in the mail and the lawyers pocket the rest?

Just spend 200-300 now and get an aftermarket charge pipe chalk it up as preventative maintenance. They're so cheap it's not even worth the hassle
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      03-28-2019, 01:56 PM   #3
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Unfortunately, that was not the case with one of my buddies. When the charge pipe exploded the car suctioned a piece of debris and injure one cylinder. For the people that are not in to car’s this is something that they don’t look at all.
My issue is that my car was only 17K miles when it happened. If I change my charge pipe they will void my warranty.


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Originally Posted by nioh_lbbm2 View Post
And then what? a few years down the road you get a check for 50 cents in the mail and the lawyers pocket the rest?

Just spend 200-300 now and get an aftermarket charge pipe chalk it up as preventative maintenance. They're so cheap it's not even worth the hassle
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      03-28-2019, 02:04 PM   #4
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Is the repair/replacement not covered under warranty? I understand your friend's situation, but if they replace yours with a new one, it would hopefully last until you are out of warranty and then you can go aftermarket.
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      03-28-2019, 04:27 PM   #5
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Quote:
Originally Posted by JeffM2PRDallas View Post
Unfortunately, that was not the case with one of my buddies. When the charge pipe exploded the car suctioned a piece of debris and injure one cylinder. For the people that are not in to car’s this is something that they don’t look at all.
My issue is that my car was only 17K miles when it happened. If I change my charge pipe they will void my warranty.
If you're under warranty then you shouldn't have to worry about the charge pipe at all, if it blows and takes your motor with it then they'll replace everything for you.

My opinion is just wait out the factory warranty till like the last month and then swap out to an aftermarket charge pipe.

Like others have said a class action law suit would probably net you zero money since it has happened to so many people.
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      03-29-2019, 08:16 PM   #6
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I don't understand how an improvement like an after-market charge pipe voids the warranty?!?! Do we know that for sure?
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      03-29-2019, 09:04 PM   #7
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Quote:
Originally Posted by FalconUSAF View Post
I don't understand how an improvement like an after-market charge pipe voids the warranty?!?! Do we know that for sure?
Well that is a big grey area. In the USA you guys have the magneson moss law that in essence says you cannot lose warranty due to a mod unless proven the mod caused the failure.

So if you get an engine failure maybe the dealer can pin it on your charge pipe leaking boost, interfering with the sensor idk. Like I said this is a big grey area subjected to alot of interpretation and arguing.
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      03-29-2019, 09:10 PM   #8
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Good info -- thx!
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      03-30-2019, 04:12 AM   #9
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Originally Posted by FalconUSAF View Post
Good info -- thx!
np.
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      03-31-2019, 11:33 AM   #10
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Adamantly against any sort of class action. It won’t actually change anything and as pointed out earlier, that 50 cent check that goes to you and the million dollars that goes to a lawyer isn’t my idea of solving the problem.
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      04-01-2019, 11:15 AM   #11
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Quote:
Originally Posted by pz619 View Post
Adamantly against any sort of class action. It won’t actually change anything and as pointed out earlier, that 50 cent check that goes to you and the million dollars that goes to a lawyer isn’t my idea of solving the problem.
Do you own bmw stock? Why would you be adamantly against it, if it forces the company to uograde their charge pipes on future builds thats a good thing no?
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      04-01-2019, 11:35 AM   #12
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Given that its likely the majority of the N55 chargepipe failures occurred on either modified cars or track-driven cars, I doubt there is a large enough base to even consider a class action suit. And I'm sure the BMW lawyers will bring up this fact in court. If they can prove the majority of the plaintiffs were using the vehicles in extreme conditions (track), or have modifications, the class action lawyer will have no chance of winning. Theres just no money in it for anyone involved.

So you have a couple options here. Ride it on the stock chargepipe until it fails, and replace it under warranty. Or replace it now for a couple hundred bucks and call it a day.
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      04-01-2019, 10:10 PM   #13
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Quote:
Originally Posted by GoneIn4Secs View Post
Do you own bmw stock? Why would you be adamantly against it, if it forces the company to uograde their charge pipes on future builds thats a good thing no?
No, I don’t own BMW stock.

Frankly I think it’s ineffective. If anything, warranty claims will be what sways an upgrade. If the warranty claim costs outweigh a part upgrade, then they’ll likely upgrade a part. If it doesn’t, it indicates there isn’t enough support to start a class action anyways. If I had a problem with a charge pipe that keeps blowing off, I would honestly probably go small claims first. Far more likely to win a judgment that isn’t a complete waste of time. Most class action lawsuits really just results in a win for the lawyers. If this was something more safety oriented that results in injuries or perhaps an issue where BMW was committing fraud I would be more accepting of a class action.

Also I’m not very familiar with the B58 motor, but it might have been already addressed.
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      04-02-2019, 04:13 PM   #14
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Quote:
Originally Posted by pz619 View Post
No, I don’t own BMW stock.

Frankly I think it’s ineffective. If anything, warranty claims will be what sways an upgrade. If the warranty claim costs outweigh a part upgrade, then they’ll likely upgrade a part. If it doesn’t, it indicates there isn’t enough support to start a class action anyways. If I had a problem with a charge pipe that keeps blowing off, I would honestly probably go small claims first. Far more likely to win a judgment that isn’t a complete waste of time. Most class action lawsuits really just results in a win for the lawyers. If this was something more safety oriented that results in injuries or perhaps an issue where BMW was committing fraud I would be more accepting of a class action.

Also I’m not very familiar with the B58 motor, but it might have been already addressed.
Class actions can have a big impact on corporate behavior, just depends. Also remember although they are lucrative for attorneys, in federal court (where this would end up), the attorneys are essentially capped at 25% of the settlement (court needs to approve it). The rest goes to the class members. Also if you dont like your share, you can always "opt out" and do a small claims court. Anyways just giving a little real world info on this.
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      04-02-2019, 06:09 PM   #15
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Quote:
Originally Posted by infinitekidM2C View Post
Class actions can have a big impact on corporate behavior, just depends. Also remember although they are lucrative for attorneys, in federal court (where this would end up), the attorneys are essentially capped at 25% of the settlement (court needs to approve it). The rest goes to the class members. Also if you dont like your share, you can always "opt out" and do a small claims court. Anyways just giving a little real world info on this.
I don't think a small court claim would go well against a corporate giant like bmw who probably have a crazy team of lawyers.

IDK imo I really don't think a class action law suit for broken charge pipes will go well, it could be pinned on so many other things. Plus look at subaru's EJ257 it has ring land issues with the piston causing alot of motors to go, but subaru is really good at replacing them to keep complaints down just like what bmw is doing with the charge pipe. Yet no one iirc has taken subaru to court because they probably know that they can pin the issue down to oil change, harsh driving etc.
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      04-02-2019, 06:17 PM   #16
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Quote:
Originally Posted by F87source View Post
Quote:
Originally Posted by infinitekidM2C View Post
Class actions can have a big impact on corporate behavior, just depends. Also remember although they are lucrative for attorneys, in federal court (where this would end up), the attorneys are essentially capped at 25% of the settlement (court needs to approve it). The rest goes to the class members. Also if you dont like your share, you can always "opt out" and do a small claims court. Anyways just giving a little real world info on this.
I don't think a small court claim would go well against a corporate giant like bmw who probably have a crazy team of lawyers.

IDK imo I really don't think a class action law suit for broken charge pipes will go well, it could be pinned on so many other things. Plus look at subaru's EJ257 it has ring land issues with the piston causing alot of motors to go, but subaru is really good at replacing them to keep complaints down just like what bmw is doing with the charge pipe. Yet no one iirc has taken subaru to court because they probably know that they can pin the issue down to oil change, harsh driving etc.
It also doesn't work unless the large group of people either suffer injury or financial loss. As long as BMW pays for it under warranty, and it failing doesn't result in injury, there is no basis for a class action suit.
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      04-02-2019, 07:12 PM   #17
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Quote:
Originally Posted by PackPride85 View Post
It also doesn't work unless the large group of people either suffer injury or financial loss. As long as BMW pays for it under warranty, and it failing doesn't result in injury, there is no basis for a class action suit.
It shouldn't cause injury since the car doesn't complete die when it breaks it should enter limp mode to enable safe exit off of a road. And unless you drive your car with your head next to the charge pipe the act if it break shouldn't injury anyone directly.

Financial loss out of warranty wouldn't count since stuff breaks out of warranty all the time. If that was the case everyone with an old car can sue because it broke down...
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      04-02-2019, 07:21 PM   #18
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Quote:
Originally Posted by F87source View Post
I don't think a small court claim would go well against a corporate giant like bmw who probably have a crazy team of lawyers.

IDK imo I really don't think a class action law suit for broken charge pipes will go well, it could be pinned on so many other things. Plus look at subaru's EJ257 it has ring land issues with the piston causing alot of motors to go, but subaru is really good at replacing them to keep complaints down just like what bmw is doing with the charge pipe. Yet no one iirc has taken subaru to court because they probably know that they can pin the issue down to oil change, harsh driving etc.
i was speaking generally, seems like a tough product liability case yeah
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      04-03-2019, 10:08 AM   #19
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This is crazy. Best case they recall the charge pipe if a known issue comes up.
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      09-28-2020, 01:54 PM   #20
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First of all, dude the pipes must be included in the warranty. Second of all, in case you get to use any kind of boost, any kind of tune ups, the warranty runs out. In stock they run for at least 100k km. Which is not bad at all actually. And even if you decide that it is a problem from the factory, you must turn to a certain ''great'' court, not to the local judge, you know that? However i do not consider this a great reason to get to the court. As an example, i can tell you a case of a friend of mine. He filled a suit of libel California, against a BMW dealership manager. It was at the local court, the guy lost it and had to pay the manager a pretty insame sum of money. You just don't go against these kind of companies.

Last edited by AlexAuba; 10-01-2020 at 04:37 PM..
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      09-28-2020, 02:02 PM   #21
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Noting how the intake pipes on previous naturally aspirated M3 used to dry rot, 100km is pretty impressive.

I'm guessing Labour is the main cost in swapping them as it looks a bit fiddly.
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      09-29-2020, 05:46 PM   #22
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Quote:
Originally Posted by pz619 View Post
No, I don’t own BMW stock.

Frankly I think it’s ineffective. If anything, warranty claims will be what sways an upgrade. If the warranty claim costs outweigh a part upgrade, then they’ll likely upgrade a part. If it doesn’t, it indicates there isn’t enough support to start a class action anyways. If I had a problem with a charge pipe that keeps blowing off, I would honestly probably go small claims first. Far more likely to win a judgment that isn’t a complete waste of time. Most class action lawsuits really just results in a win for the lawyers. If this was something more safety oriented that results in injuries or perhaps an issue where BMW was committing fraud I would be more accepting of a class action.

Also I’m not very familiar with the B58 motor, but it might have been already addressed.
As an experienced lemon law litigator (including personal recoveries in excess of $150,000 against BMW under Song-Beverly), I cannot stress just how wrong you are.

Do you know why the N54 charge pipe now has a 10 year / 120,000 mile warranty? It's because of the number of lawsuits BMW had to pay out for part failures.

Same goes for the N54 fuel injectors (10 year / 120,000 miles), the N54 HPFP (10 year / 120,000 miles), and the N54 wastegates (8 years / 82,000 miles).

We want this problem solved, it is going to take lawsuits.
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