US court sues BMW for installing 'defeat devices' to cheat diesel emissions

The case, filed in federal court in New Jersey, will become a class-action suit once it is certified by a judge

BMW 5 Series
Cricketing legend Sachin Tendulkar at the launch of the all-new BMW 5 Series in Mumbai on Thursday
AFP | PTI New York
Last Updated : Mar 28 2018 | 4:30 PM IST

German luxury carmaker BMW has been sued in the United States over "defeat devices" installed in tens of thousands of vehicles in order to cheat diesel emissions tests, lawyers for the plaintiffs has said.

The case, filed in federal court in New Jersey, will become a class-action suit once it is certified by a judge.

The suit singles out the BMW X5 and 335D model diesel cars sold between 2009 and 2013.

The attorneys at the Hagens Berman firm claim emissions from those cars were as much as 27 times higher than the standard allowed -- a fact masked by the "defeat devices" and their "manipulative software."

"At these levels, these cars aren't just dirty -- they don't meet standards to be legally driven on US streets and no one would have bought these cars if BMW had told the truth," said Steve Berman, the firm's managing partner.

"BMW blatantly chose to leave its loyal customers in the dark, forcing them to unknowingly fit the bill for its degradation of the environment."

BMW is the latest automaker to face legal action over emissions violations -- rival Volkswagen was found to have built "defeat devices" into more than 11 million cars worldwide in the so-called "dieselgate" scandal.

The attorneys are seeking reimbursement for their clients for their car purchases.

A week ago, German authorities raided BMW headquarters in Munich and another site in Austria in connection with a preliminary investigation into possible fraud relating to emissions cheat systems built into more than 11,000 cars.

BMW confirmed the raids and repeated the company's stance that "a correctly programmed software subroutine was mistakenly allocated to incompatible models."

In February, the German automaker admitted the software was present in some vehicles and said it would recall them for a software update as soon as one was approved by the KBA German vehicle licensing authority.

Volkswagen eventually was ordered to pay huge fines in the United States in connection with "dieselgate".

Since that scandal erupted, several automakers have been accused of using software to skirt emissions standards.

*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Mar 28 2018 | 4:30 PM IST

Next Story