Mini Cooper transmission defect class action settlement

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.

Who’s Eligible

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).
Potential Award

Class Members may be eligible for reimbursement of qualified out-of-pocket expenses incurred when replacing or repairing a CVT at an authorized MINI or BMW dealership or a third-party repair facility. The amount will be based on the time and mileage at the time of each repair/replacement.

Under the terms of the class action settlement, Class Members who had the CVT repaired or replaced at a MINI or BMW dealership will have a 3 year/500,000 mile parts warranty, inclusive of labor, from the date/mileage of the repair/replacement.

Class Members who sold their vehicle for $4,000 or less without repairing the CVT may be eligible to receive between $1,000 and $2,000.

Proof of Purchase

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.

Address to submit a claim form (REQUIRED):

Aarons v. BMW of North America LLC
Claims Administrator
P.O. Box 43192
Providence, RI 02940-3912

Claims must be postmarked by: 4/2/14

Claim Form Deadline

4/2/2014

Case Name

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.

Final Hearing

4/28/2014

Settlement Website
Claims Administrator

Aarons v. BMW of North America, LLC
P.O. Box 43192
Providence, RI 02940-3192

Class Counsel

HARKE CLASBY & BUSHMAN LLP
ASTIAGARRAGA DAVIS MULLINS & GROSSMAN PA
LAWRANCE A. CAPLAN PA
BLOOD HURST & O’REARDON LLP
BARON & BUDD PC
SEEGER WEISS LLP
WASSERMAN COMDEN CASSELMAN & ESENSTEN LLP
MAZIE SLATER KATZ & FREEMAN LLC
STRATEGIC LEGAL PRACTICES APC
CAPSTONE LAW APC
INITIATIVE LEGAL GROUP APC

Defense Counsel

Eric Y. Kizirian Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP

UPDATE: A misplaced objection to the MINI Cooper class action settlement has delayed the distribution of funds. Because the objection is similar to other objections already overruled by the judge, it is likely to be overruled as well. We will update readers when more information is available.

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44 Comments

  • Edgar Gonzalez November 26, 2013

    I bought one of these cars a few months ago and I am having trouble with my transmission. Can anybody tell me how to get in this lawsuit claim. This is totally unfair. I have a 2006 Mini S.

    Regards,
    Edgar

    • JOE ORTA January 16, 2014

      2006 mini cooper wiil not move it was all sudden thin just stop running. I shift to drive and it wont move

  • George Main November 26, 2013

    I bought a 06 from a dealer the first of the year. the problems did not appear during the test drive but on the way home I found out about the shifting issues. The dealer had me sign a form that I would not sue him if I had problems. I have not fixed it yet as they quoted 9k to replace the tranny. am I covered under this suite?

  • david hayward November 27, 2013

    my mini is a 03 cooper, my transmission has been going out when i hit 100,000 miles i now have 100,800, and i can not afford to replace it, my question is if i take my car to a dealer, will they fix it for free.

  • William Thorley November 27, 2013

    Son and wife owned 2003 Mini. Transmission failed just under 75000 miles. Young married couple with limited resources to replace transmission. I paid off their loan. Now I own a red boom box. Never owned a car that had the transmission fail at 75000 miles. I expect a car to run well over 200000 miles these days. What do you have to say to that BMW? Please make it right.

  • Jeff November 27, 2013

    Is there future protection/coverage for a CVT that has not failed yet?

  • Bob November 28, 2013

    This settlement completely disregards the hundreds of CVT Minis that sit broken waiting for BMW to do the right thing. My 56K 2002 CVT was diagnosed 9 years and three months and sits broken left out in the cold.Shame on you BMW selling known Junk Transmissions to thousands of unsuspecting buyers and slithering out of your just responsibility. All any CVT victim ever wanted is for BMW to fix the car.Have the common decency to do so now,Please.

  • Carl November 30, 2013

    2003 Mini Cooper (wife doesn’t drive much), CVT when out at 46,000 miles, pick of crap car! Cost over $6K to replace the CVT, sold it a year later, filing a claim to get some of my money back, I’ll NEVER buy a BMW/Mini EVER!

  • James Chesher December 3, 2013

    So, what about those of us whose transmission has not yet failed but may (likely?) do so in the future?

    • Aaron D. May 29, 2014

      Mini Cooper should do a recall for all cars withing those production years. Those CVTs waiting to break should be replaced. KIA got faith in their vehicles offering 100k miles warranty. Mini Cooper just sells junk cars for a big profit.

  • Albert December 17, 2013

    I just had my 2005 R53 changed. Why does this not cover the R53s?

  • khaled December 24, 2013

    bought a 06 from bmw of sterling with 27k on it, transmission problem as everyone else. I received some type of paper asking me to fill it out and mail it. lets see what happens.

  • micah January 10, 2014

    What if you don’t have the money up-front to pay for a new CVT? Shouldn’t MINI just fix their mess!? I feel my car is getting worse and I’m afraid this issue with the transmission will eventually cause me to get into an accident! WTF, MINI!?

    • Steve January 30, 2014

      Micah, I’m in the same boat. I don’t necessarily have the monet to have the who transmission replaced, yet I’m concerned for my own saftey and others’ when I drive. I’ve decided in March I’m going to take it to the dealership and ask nicely if they’ll fix my transmission for $6,000 or less. My guess is they’ll laugh in my face. However, they would NEVER want their own family members driving in such an unsafe car.

      • micah February 16, 2014

        Good luck, Steve.

      • Angel April 2, 2014

        I know the feeling, I am in this situation right now. My car is a 2005 with 85,000 so the miles are ok for the suit but I am past the 8 year mark. Cheapest quote I have gotten for my tranny to be replaced is $7,000. My tranny just started going out about 3 weeks ago. Just my luck a day late and dollar short.

    • Delvia Lastra April 1, 2014

      Yes you should be upset. My 2003 is having CVT problems just this past month, and I don’t have the money to pay out of pocket at this time. And with an April 2nd deadline I suppose we are shit out of luck! Unfortunately i have put thousands of dollars towards this adorable little piece of —- and i am not a happy camper! For starters, the stirring pump failed. Haven’t been able to get a rebate on that so far, ran into red tape filing for that recall claim! That cost me $900 to replace. and I should have been reimbursed by now. Among other things the cooling system is faulty…. shall i go on…..well it has a nice sound system at best….

  • JOE ORTA January 16, 2014

    2006 mini will not move when putting it drive. They told I need another trannny

  • Mitch Thorneycroft January 22, 2014

    I brought a 2006 cooper 2 and a half years ago, has 65,000 km on it, which is nothing, and nearly a year ago i had big prob with the gearbox….so the poor car has jus been rotting in the shed……
    Prices are ridiculous just to pull the box out so they can find whats causing the problems, let alone the added cost’s to repair the piece of shit…!
    And I’m not even eligible for any of this due to the fact I’m in Australia….
    BMW just need to man up and claim responsibility for there bullshit mistakes, instead of the customer being out of pocket.

  • Wesley Blackburn January 30, 2014

    What about mini owners with manual transmission woes? My mini with manual transmission has given me trouble on more than one occasion. Recently I took it to a third party mechanic (after repairs seemed too expensive to service at the dealership) and was told that the transmission should be replaced because it was making a lot of noise. I have 101,000 miles.

    • Tori T March 6, 2014

      My manual transmission needs replaced also. It’s at 8 miles, still premature! Why aren’t manual transmissions included in this law suit!

      • Tori T March 6, 2014

        88 thousand miles, stupid auto correct!

  • Michelle February 13, 2014

    I have an R53- 2005 Mini Cooper S and the transmission is just very rough to drive. I love my Mini Cooper it’s a really fun car but once the transmission started driving hard (once the car starts warming up this gears get harder to shift, when it finally shift it tugs bery hard. basically a head jerker) I was very disappointed. I bought the car to get me to work and school and I worked very hard to get this car and only drove it for no more then a year and a half and then this happened. Like I mentioned before I’m a college student and can’t afford to get this transmission fix for it is very expensive! I need and want to get this car fixed for it was meant to be driven not to just sit around in my driveway and just collect dust. If someone knows of a lawsuit for the R53 PLEASE let me know!

  • Cheryl Weisenburger February 18, 2014

    I also have a 2006 MINI Cooper S in which the trans is starting to run rough. Will this settlement also include future trans failures such as I think mine is heading for? Possibly a recall to head-off future trans issues? I have all my maintenance receipts for work done on my car and have religiously brought it in for regular service, both routine or for repairs. This year was the most expensive for me with engine repairs and if I have to deal with the cost of replacing my trans I will not be able to afford the expense for that repair. Thanks for any info you can give me.

    • Steve Picciano February 20, 2014

      Cheryl, if you have a 2006, you only have a short period of time to have the trans fixed and get any re-imbursement at all. Very few people seem to have read the FAQ for this lawsuit, but if your car is a day over 8 years old, you will get no money from the lawsuit. The lawsuit basically only applies to people who had their transmissions replaced years ago and who kept their records. For those of us who held on to our cars, didn’t put a lot of miles on them and then, after 8 years, suffered transmission problems, we will get nothing. I just spent over $6,500 getting a new (used) transmission installed and because my car is over eight years in services, I’m not entitled to anything. Again, check out the FAQ to see where you land here. BMW should be ashamed of themselves. Find a good mechaninc, don’t trust the Mini Dealership. I made that mistake for too many years. I took my car in relgiously for years, and this week my mechanic showed my the shoddy way my transmission had been handled and serviced.

  • jimbo March 17, 2014

    What’s going on with this settlement. I submitted a valid claim with my vin number. How can I find out if my claim got approved

    • russell Langford March 18, 2014

      my midland 5 speed manual went out in my 03 mini. The bearings in them are made out of such cheap metal that they cause transmission failure…Good news is if you can get your car to roadrunner motors in knoxville tn , they will rebuild the midland and put a another clutch in for 1700 dollars

  • Shelia Fosque March 31, 2014

    I,am concern about my car because I,am on a fix income I can,t afford this promble I had file a claim I hope they paid for everyone car how can they away with this I hope I,am protected

  • Rafael Bautista April 1, 2014

    I had expend $7,000.00 to replace the transmission for a 2005 Mini cooperS tipe

  • Kevin S. April 22, 2014

    Just got off the phone with local Mini Cooper dealship shop. My 2003 Mini Cooper is developing transmission issues.

    The filing deadline for the CAL closed 2014/04/02. How can I submit my repair bill to Cooper and participate in the CAL award/warranty extension. I purchased my Mini in 2010 and have not recieved notification of the CAL.

    Please help!

    Kevin S.

    • Aaron D. May 29, 2014

      MINI should have sent out a notification to all names in their database. It’s quick for them to send advertisement to my e-mail but never sent the necessary notice. Start another class action lawsuit!

  • monica salinas April 30, 2014

    My 2005 mini transmission fail last week i bearly this settle . Can i still make a claim after the due date or what can i do

  • Chris May 26, 2014

    I just found out my transmission problem last week and the dealer told me that it’s gonna cost 8k to replace it. Even the dealer didn’t recommend me to fix it and told me it’s still drivable! My car is 2004 mini. I wonder what my options are?

    • Aaron D. May 29, 2014

      The dealer told you to drive an unsafe vehicle? Get the name of that misinformed guy and send them to jail. Safety first, not advising people to drive unsafe vehicles. MINI standard is so low that they advise stupid stuff.

  • lianne g May 27, 2014

    bought my daughter a 2005 mini convertible has 67,000 miles on it now was just told by the mechanic it needs a new transmission i cant afford a $7,000.00 so it sits in my driveway my daughter is crushed and I’m very angry help are there any options for me

  • Chris May 27, 2014

    I called the Mini custom service and they said they can’t assist me with the CVT problem right now. There is nothing they can do. so pissed. For those who have missed the class action, can we start another one?

    • Aaron D. May 29, 2014

      Good plan, lets start another part 2 class action suit. I’ll back you up. Lets go for it!

      • Minna July 7, 2014

        Why can’t we force them to do a RECALL so that everyone that missed the CLASS ACTION.can get their problem resolved . Another CLASS ACTION might take some time.

  • Chris June 4, 2014

    I just sold my 2004 Mini which had noise from the transmission above 5K. I hope my experience can help. So I went to the dealer twice. The first time I was told that the transmission needs to be replaced, which costs more than 8k!! Even the dealer told that the car is still drivable, so ……. After I complained, the manager agreed to have another technician to check my car again. So the other technician said it might not be the problem from the transmission, but the bear ring and other parts, which cost around $500 to replace the parts. For anyone has the same problem , I mean the noise from the transmission, ask the dealer for a bulletin guide from mini. Obviously, Mini knows EXACTLY what’s wrong with their transmission, so Mini issued a guideline to teach the technician how to solve the problem step by step!. I suspect that Mini dealer just doesn’t want to fix the problem with a cheap price!

  • Bryant Harris June 5, 2014

    how do I know if they received my claim I submitted back in early February about my Cvt transmission going out in my 2002 Mini Cooper, i had to come out of my own pocket and pay the amount of $7,600 for a new transmission do too I had no other transportation. please let me know who do I contact to let the let me know if they’ve received my claim in which filed.

  • Mary Ann Christian June 6, 2014

    I sent in my claim before the due date, how do I find out if they received my paper work?
    How do I find out if it has been approved.

  • Kemuel July 7, 2014

    I bought a 2003 Mini Cooper Automatic CVT back in 2012. The transmission went out last week. Unfortunately this is past the posted date to claim anything, is there any hope of futre one’s? I would gladly pay for the repairs if this is the case, so I know BMW will give me money back. This a shame really, I was done paying the car just 2 months ago. I only have 120,000 miles on it.

  • Minna July 7, 2014

    Can’t we force them to do a RECALL so that everyone that missed the CLASS ACTION.can get their problem resolved?? Another CLASS ACTION might take some time.

  • Top Class Actions July 15, 2014

    UPDATE: A misplaced objection to the MINI Cooper class action settlement has delayed the distribution of funds. Because the objection is similar to other objections already overruled by the judge, it is likely to be overruled as well. We will update readers when more information is available.

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