BMW Cup Holder Defect Subject Of Class Action Lawsuit

BMW Cup Holders Allegedly Defective – Class Action Alleges That When Liquid Spills Into Cup Holder, Wires For Airbag Control Module Get Wet, Causing Damage To Air Bags

On December 16, 2021, a class action lawsuit was filed in United States District Court, Central District of California, against BMW Of North America, LLC on behalf of a class of current and former BMW vehicle owners and lessees with defective cup holders utilized in numerous BMW vehicles sold in the United States, including, but not limited to, 2020 X7 M50i automobiles. 

According to the class action complaint, the lawsuit stemmed from Defendant BMW Of North America’s failure, despite its longstanding knowledge of a material defect, to properly disclose that the Class Vehicles’ cup holders are defective and not properly designed to hold cups filled with liquid, which impairs the safety and reliability of the Class Vehicles.

The cup holders in the Class Vehicles, allegedly, are designed defectively, because they are not designed, nor intended, to actually hold cups filled with liquid. When liquid spills into the cup holder, the wires for the SRS Airbag Control Module get wet and damage the air bags.

Consequently, the air bags can inadvertently deploy, and the defect, according to the complaint, exposes the driver and occupants of the Class Vehicles, as well as others who share the road with them, to an increased risk of accident, injury, or death.

Further, Defendant BMW Of North America, allegedly, has been aware of the defect, and many owners and lessees of the Class Vehicles have communicated with Defendant BMW Of North America or its agents to request that it remedy and/or properly address the defect. According to the lawsuit, despite its longstanding knowledge of this defect and such requests, BMW Of North America has routinely refused to properly repair the Class Vehicles.

VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.  
Kehoe Law Firm, P.C. 

Audi Q5 & Audi SQ5 – Control Module Shutdown

Audi Q5 (2018-2022) & Audi SQ5 (2018-2022) Vehicle Recall Due To Gateway Control Module Shutdown Which Can Suddenly Reduce Power

Your vehicle MAY be involved in a safety recall which MAY create a safety risk for you or your passengers. If left unrepaired, a potential safety defect could lead to injury or even death. Safety defects must be repaired by a dealer at no cost to you. The following MAY APPLY to your vehicle if it is listed below. Please click on the National Highway Traffic Safety Administration (“NHTSA”) Recall ID Number below to learn more about the safety issue and the reason for the vehicle recall. 

NHTSA Recall ID Number: 21V947000
Manufacturer: Volkswagen Group of America, Inc.
Components: STRUCTURE, ELECTRICAL SYSTEM
Potential Number of Units Affected: 288,991
Summary & Remedy

Volkswagen Group of America, Inc. (“Audi”) is recalling certain 2021-2022 Q5 Sportback, SQ5 Sportback, 2018-2022 Q5, and SQ5 vehicles. A liquid spill in the rear seat, or water ingress from an insufficient body seam underneath the vehicle may allow liquid to penetrate the gateway control module, causing it to shutdown. A gateway control module shutdown will suddenly reduce engine power, increasing the risk of a crash.

Dealers will install a protective cover on the gateway control module and seal an underbody seam as necessary, free of charge. Owner notification letters are expected to be mailed February 24, 2022. Owners may contact Audi customer service at 1-800-253-2834. Audi’s number for this recall is 90S9. Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to nhtsa.gov.

To find out if your vehicle is included in the recall, please use the NHTSA’s VIN Look-up Tool.
What Is A Vehicle Recall?

When a manufacturer or the NHTSA determines that a vehicle creates an unreasonable risk to safety or fails to meet minimum safety standards, the manufacturer is required to fix that vehicle at no cost to the owner. The fix, or repair, can be accomplished by repairing, replacing, offering a refund (for equipment) or, in rare cases, repurchasing the car/vehicle.

What Should I Do If My Vehicle Is Included In This Recall?

If your vehicle is included in a specific recall, it is very important that you get it fixed as soon as possible given the potential danger to you and your passengers if it is not addressed. You should receive a separate letter in the mail from the vehicle manufacturer, notifying you of the recall and explaining when the remedy will be available, whom to contact to repair your vehicle, and to remind you that the repair will be done at no charge to you. If you believe your vehicle is included in the recall, but you do not receive a letter in the mail from the vehicle manufacturer, please call NHTSA’s Vehicle Safety Hotline at 1-888-327-4236, or contact your vehicle manufacturer or dealership.

For additional recall information, please click Vehicle Recall FAQs.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration

VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.  
Kehoe Law Firm, P.C. 

Mercedes 48-Volt Battery Defect Investigation

Owners And Lessees Of 2019-2022 Mercedes E-Class, Mercedes CLS-Class, Mercedes GLE 450 & GLS 450 Vehicles Encouraged To Contact Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is investigating potential consumer class action claims on behalf of owners and lessees of 2019-2022 Mercedes-Benz E-Class, Mercedes-Benz CLS-Class, Mercedes-Benz GLE 450, and Mercedes-Benz GLS 450 vehicles.

The investigation concerns battery failure of the 48-Volt battery in certain Mercedes vehicles, which can cause a vehicle not to start, thereby requiring towing and/or battery replacement.

Owners And Lessees Of Mercedes-Benz Vehicles Who Have Experienced Battery Failure Are Encouraged To Contact Kehoe Law Firm, P.C., John Kehoe, Esq., [email protected], [email protected], To Learn More About The Battery Defect Investigation Or Potential Legal Claims.
Kehoe Law Firm, P.C.

Subaru Ascent, Legacy, Outback Vehicle Recall

Manufacturer: Subaru of America, Inc. (“Subaru”)
Components: POWER TRAIN
Potential Number of Units Affected: 198,255
Summary & Remedy

Subaru is recalling certain 2019-2020 Ascent, 2020 Legacy and Outback vehicles. A programming error in the Transmission Control Unit (“TCU”) may allow the clutch to engage before the drive chain is completely clamped.

Dealers will reprogram the TCU, inspect TCU data for chain slip, and visually inspect the chain guide. If evidence of chain slippage or damage is found, the transmission will be replaced. Repairs will be performed free of charge. Interim owner notification letters are expected to be mailed February 7, 2022. The remedy is expected to be available in April 2022. This recall includes all vehicles previously recalled under 19V-855. Vehicles previously recalled under 19V-855 will need to have the new remedy performed for this recall once available. Owners may contact Subaru customer service at 1-844-373-6614. Subaru’s number for this recall is WRK-21.

Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to nhtsa.gov.

To find out if your vehicle is included in the recall, please use the NHTSA’s VIN Look-up Tool.
What Is A Vehicle Recall?

When a manufacturer or the NHTSA determines that a vehicle creates an unreasonable risk to safety or fails to meet minimum safety standards, the manufacturer is required to fix that vehicle at no cost to the owner. The fix, or repair, can be accomplished by repairing, replacing, offering a refund (for equipment) or, in rare cases, repurchasing the car/vehicle.

What Should I Do If My Vehicle Is Included In This Recall?

If your vehicle is included in a specific recall, it is very important that you get it fixed as soon as possible given the potential danger to you and your passengers if it is not addressed. You should receive a separate letter in the mail from the vehicle manufacturer, notifying you of the recall and explaining when the remedy will be available, whom to contact to repair your vehicle, and to remind you that the repair will be done at no charge to you. If you believe your vehicle is included in the recall, but you do not receive a letter in the mail from the vehicle manufacturer, please call NHTSA’s Vehicle Safety Hotline at 1-888-327-4236, or contact your vehicle manufacturer or dealership.

For additional recall information, please click Vehicle Recall FAQs.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration

VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.  
Kehoe Law Firm, P.C. 

Nissan Pathfinder & Nissan Pathfinder Hybrid – Hood Latch Failure

NHTSA Action Number: PE21022
Components: LATCHES/LOCKS/LINKAGES
Summary

The Office of Defects Investigation (“ODI”) has identified fourteen Vehicle Owner Questionnaires (“VOQ”) alleging hood latch failures, while subject vehicles were being driven, resulting in the hood opening and obstructing the vision of the driver. The office has also received Early Warning Reports (“EWR”) on this issue. Sudden and unexpected opening of the hood can startle drivers, block their visibility, and could lead to a crash into other vehicles or objects.

Nissan is currently collecting field parts to asses the alleged failure of the hood latch. A root cause has not been identified at this time.

ODI has opened a Preliminary Evaluation to evaluate the scope and risk to motor vehicle safety.

The VOQs can be found with ID numbers:11436637, 11431131, 11427702, 11423321, 11406574, 11398825, 11389741, 11387952, 11375938, 11349105, 11306735, 11302647, 11190468, 11166607. 

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration

VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.  
Kehoe Law Firm, P.C. 

Alleged Shift To Park Defect Leads To Lawsuit Against GM

Chevrolet Malibu (2016-2019), Volt (2016-2019), Traverse (2018-2019), Blazer (2019) Vehicles Subject Of Class Action Suit

Consumers should be aware that on December 2, 2021, a class action lawsuit was filed against General Motors LLC (“GM”) in United States District Court, Northern District of California, on behalf of persons or entities who purchased or leased a Chevrolet Malibu (2016-2019), Chevrolet Volt (2016-2019), Chevrolet Traverse (2018-2019), Chevrolet Blazer (2019) in California. 

Allegedly, the vehicles, contain a defect which fails to detect that the driver has placed the automobile in “Park,” thereby preventing the driver from shutting off and locking the vehicle. According to the lawsuit, the subject vehicles display a “Shift to Park” error message on the instrument cluster, even though the gear shift is already in “Park.”

As a result of the “Shifter Defect,” members of the Class, allegedly, cannot turn off their vehicles and, to avoid battery discharge, are forced to resort to try to trick their vehicles to detect that the shift lever is, in fact, in “Park.” The “Shifter Defect,” according to the complaint, prevents the vehicle from shifting into gear, leaving the driver stranded. Consequently, the driver must have the vehicle towed for repair. 

GM, according to the suit, had knowledge of the defect, issuing the first in a series of service bulletins on January 9, 2017.  Allegedly, despite these notices, GM, through its Chevrolet dealerships, has refused to acknowledge the defect. According to the complaint, when customers press the issue, GM, through its Chevrolet dealerships, refuses to honor its contractual promises to fix the defect, forcing owners and lessees of the subject vehicles to pay for the repairs at their own expense or forgo servicing the issue.

VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.  
Kehoe Law Firm, P.C.