BMW and Bosch Hit with Class Action Lawsuit Over Cheating Devices

BMW and Bosch are facing yet another Canadian class action lawsuit over their diesel BluePerformance engines, allegedly equipped with a cheating device.

On July 23, 2020, Siskinds, Desmeules, the Quebec affiliate of Siskinds LLP, filed the Quebec Bosch emissions class action lawsuit in Quebec Superior Court on behalf of Quebeckers who purchased or leased certain BMW vehicles equipped with a BluePerformance diesel engine.

The vehicles included in the Quebec Bosch emissions class action are BMW x5 xDrive35d, 2009 to 2013 models and BMW 335d, 2009 to 2011 models.

The Quebec Bosch emissions class action lawsuit is seeking temporarily assessed damages of $100 million from BMW and Bosch, respectively. Additionally, the lawsuit is seeking punitive and/or exemplary damages, temporarily assessed at $50 million per defendant.

Bosch Diesel Engines: Scandal and Deception

World-wide scandals have erupted in recent years concerning diesel vehicles manufactured by major diesel automakers, including Volkswagen, Audi, Porsche, GM, Mercedes and Fiat Chrysler Automobiles. The Quebec Bosch emissions class action lawsuit is but a new addition to the long list of class actions concerning emission cheating devices.

A $9.3 million Canadian settlement has recently been reached in an Ontario Bosch emissions class action lawsuit. The Canadian class action lawsuit against the car and engine manufacturers concerned alleged emission cheating devices in certain Volkswagen, Audi and Porsche vehicles.

At the height of the emission scandals, Volkswagen pleaded guilty to criminal offences, paid fines and settled numerous class action lawsuits amiably. Additionally, Bosch agreed to pay $327 million to settle the actions brought against it, in addition to paying a fine of 90 million euros.

In January 2019, Fiat and Chrysler agreed to pay a fine of $300 million. General Motors is currently the subject of proceedings regarding its diesel engines.

According to the Quebec Bosch emissions class action lawsuit, Bosch is also presently under investigation for its role in the design of the engine management system of the vehicles manufactured by Volkswagen and Chrysler.

The Quebec Bosch emissions class action lawsuit alleges that BMW and Bosch strategized, designed and installed in the vehicles in question a “sophisticated software designed not to be detected and capable of automatically detecting when they were being tested for anti-pollution measures, software which then allowed them to bypass established government standards for the emission of pollutants, thereby contravening Canadian and American laws.”

As such, the Quebec Bosch emissions class action asserts a BMW and Bosch conspiracy to deceive the authorities as well as consumers. As a result, although the BMW vehicles met the emission standards at the laboratory or during monitoring tests, they emitted illegal amounts of harmful gases during normal operation.

Deceptive BluePerformance Diesel Technology

The Quebec Bosch emissions class action lawsuit argues that BMW and Bosch promoted the BMW vehicles in question as having “BluePerformance Diesel Technology“, which the Canada class action lawsuit alleges is “misleadingly marketed as efficient and powerful, clean and environmentally friendly, which is false.”

In recent decades, consumer preferences coupled with stricter regulations have created a high demand in the automotive market for vehicles that are more environmentally friendly. In response to this demand, some car manufacturers, including BMW, sought to keep their competitive edge by developing cars with purportedly “clean” and fuel-efficient diesel engines.

However, the Quebec Bosch emissions class action lawsuit underscores that the BMW vehicles in question emit more pollutants than permitted under applicable standards, and moreover, pollute “at dangerous levels, which affect the health and safety of Class Members.”

The cheating device at the heart of the Canada class action lawsuit is a computerized control unit that manages the emission components of the BMW vehicles. According to the Quebec Bosch emissions class action lawsuit, the cheating device enables the vehicle’s software to detect the conditions under which the emission tests are carried out and can be deactivated or reduced without detection, “thus enabling the vehicles to simulate the success of the anti-pollution tests.”

The Quebec Bosch emissions class action lawsuit claims that the cheating device causes the BMW vehicles to emit on average 3 times, and up to 20 times, the permissible NOx limit on highways and on average 8.5 times, and up to 27 times, the permissible city limit.

Do you own or lease one of the BMW vehicles targeted by the Bosch emissions class action lawsuit? Were you surprised to find out that your vehicle may be emitting more pollutants than advetised? Share you story with us in the comments below!

Class Members are represented by Siskinds, Desmeules.

The Quebec Bosch Emissions Class Action Lawsuit is Louis Blais v. Bayerische Motoren Werke AG, et al., Case No. 540-06-000016-206, in the Superior Court of Québec, Canada.

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