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BMW Owner Files Suit After Recall

BMW Generic (Photo by Miguel Villagran/Getty Images)

BMW Generic (Photo by Miguel Villagran/Getty Images)

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CHICAGO (STMW) – A Downstate BMW owner filed a class-action lawsuit Thursday against the luxury car-maker, just days after the company announced a voluntary recall of more than 130,000 of its vehicles over a fuel pump problem.

Lawrence John Hackett filed the suit Thursday in Cook County Court against BMW of North America.

Hackett, who bought a new 2008 BMW 135i in April 2009, claims he was driving the vehicle on a highway several months after he purchased it when the car suddenly lost engine power, according to the suit. He was able to pull over without causing a crash.

He said a BMW dealership performed a “software update” and fixed the the vehicle’s fuel pump to address the issue, but claims the car still does not accelerate properly.

High-pressure fuel pumps have failed in certain 2007 to 2010 model year vehicles with a twin-turbocharged “N54” engine, causing long engine starting times and an engine service light, sometimes along with reduced engine performance, according to an official statement regarding the recall on BMW’s website.

The problem has prompted the car-maker to voluntarily recall more than 130,000 affected vehicles, according to a Thursday press release from BMW.

Hackett claims in the suit that BMW knew about problems with the fuel pump before complaints surfaced, but failed to notify consumers. He claims the “dangerous” defect makes the vehicles slow suddenly and without warning, and has diminished their market value.

BMW also recently announced a separate voluntary recall of more than 20,800 MY 2008 X5 Sports Activity Vehicles because a problem with its low-pressure fuel pump which may cause a sudden loss of engine power, according to the release. Some X5 drivers may also lose power-assistance to the steering and brakes, but the components should remain operational.

No one has been injured because of the issues behind either recall, according to the release.

Hackett’s suit claims breach of express warranty, violations of the Illinois Consumer Fraud Act and breach of the implied covenant of good faith and fair dealing. The suit seeks an unspecified amount in compensatory and punitive damages, plus restitution and the costs of the suit.

A BMW North America spokesman was not immediately available for comment Thursday night.

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