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Old 01-20-2010, 01:19 AM
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JCL JCL is offline
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A recall or a class action suit? Two very different animals.

A recall would typically be based on the vehicle not meeting emissions laws, or a safety issue. Hard to see how a transmission failure meets either requirement.

A class action suit? It is a little hard to judge if that is reasonable, considering the litigious nature of the US (home to class action law suites). However, we are in the E53 forum, and they were last produced in 2006. So, they are all either out of warranty or are about to be. What would the claim be? Did BMW not honour the warranty on any transmission failures found to be due to product defects during the warranty period? Might be a challenge that the defect, if it exists, doesn't appear to apply to all potential members of the class, and it doesn't appear to be uniform (there is a random nature to the reported failures).

When the warranty is up, it is time to pay to repair the product when it wears out, or sell it and get a newer product. Lawsuits should be reserved for real issues. Just my $0.02.
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