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  #1  
Old 01-18-2010, 03:26 PM
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Question Is there enough transmission data available for a class action suit.

Just looking at all the complaints around
here about transmissions and concluding
that the sited problems are not just here
on this site, I wonder if there's is enough
data for a recall.........
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  #2  
Old 01-20-2010, 01:19 AM
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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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  #3  
Old 01-20-2010, 01:52 AM
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Listen JCL. I recognize you're a reasonable person. (snark snark)
But after reading all these transmission threads even you should
admit there has to be a problem... I did find it funny that after
76 views not one person wanted to get on board.
(You caught on. recall or a class action suit).....

Therefore In view of what apparently appears to be an abundance
of transmission complaints it seems to me that someone has to come
to the aid of all these past, present, and future deserving folks.
I'm a bit disappointed that someone didn't support this facetious, meandering,
sarcastic, pointless effort of mine to get attention for transmission
problems. (Even if it will happen to me someday).......
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Old 01-20-2010, 11:04 AM
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I don't think there is one problem, I think there are a number of problems. Some of the ZF transmissions have a specific problem, the solution for which is documented very well by swissfrank on this board. There are also random issues related to various versions of the software (shifting issues, clunks, etc). Then there are the failures reported at relatively low miles, within the warranty period. Beyond that, the transmissions have a specific problem in that they don't last forever. I just don't think that last one is actionable, however.

There is so much discussion of transmission issues that new and prospective owners ask if they should buy a BMW because of the transmission issues. Others have a driveline failure, or engine issue, and immediately assume they need a new transmission. I think we talk about transmissions (and window regulators, and oil separator valves) because much of the rest of the vehicle is so solid that there isn't much to say.

Automatic transmissions have been failing from the day after they were invented. Companies like Aamco, Mr. Transmission, etc, have built an entire industry on the issue. Yet somehow BMW (who doesn't even make transmissions, but just installs transmissions from GM, ZF, etc) should be sued? Under an assumed lifetime warranty approach? Just think what that would do to the price of new cars.

No are wrestle on the transmission issues. I just struggle to see how lawyers and a sense of entitlement on the part of those who own a used car are going to help.

But then, you knew all this and just wanted a debate. Happy to oblige
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Old 01-20-2010, 01:09 PM
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Recall!
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Old 01-20-2010, 03:23 PM
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I think it depends on your view on expected life of a tranny.

If you're ok with an avg BMW x5 auto tranny 'failing' every 100-150k miles for 4-5k in repairs, then I think the modern transmissions are up to snuff

If you're looking for 150-200K+ miles, then you will disappointed.

Modern cars are designed for early obsolescence. Most new car owners don't keep their cars for more than 6 years. Car companies and parts makers recognize this and look to capitalize on it by making long-term ownership more painful (encouraging you to trade-in and up)

Most car companies are racing to the bottom in this regard whether it be window regulators, trannies or other components.

Maybe a longer powertrain warranty is in order but I'm guessing BMW is able to skin the cat more closely by doing the business the way it is. Some complain, some never buy a BMW again but enough come back for another to make it worth their while.

I would love BMW to make its cars lighter with less electronic gizmos but I know that is not the common buyer viewpoint anymore.
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Old 01-20-2010, 04:34 PM
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I had mine replaced under CPO.

I just think the trans is abysmal in execution, but not non-functional.

BMW should talk to Allison prior to the next X5 coming out...
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Old 01-20-2010, 08:56 PM
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hi all..just my 2 cents..i think quicksilver has the right idea but i dont know if we have enough for a class action lawsuit but i would love to try...this is my first bimmer and to be honest it has not been a good experience so far..it is a 2005 4.4 purchased cpo in august/2008 with 14k miles..the problem i have with my tranny is that when i start it after sitting for a long period of time especially overnight i let i warm up for about a minute then drive away slowly to allow the tranny to warm up the car bucks so i have to let up on the gas and give it gas again to smooth it out..other problem is if i use the car for lets say a few hours run some errands then shut it down for a few hours then go out again the car will not shift until it warms up again so i have to drive slow below 2000 rpm until tranny warms up again then it shifts..no other car i have owned has had these tranny issues.especially once the car has been driven for awhile and i reuse it after a couple of hours i coluld see if it sat for several hours..it becomes a pain in the ass especially in the winter because if it sits for a couple of hours in the cold the tranny wont shift until it has warmed up..i had it reflashed at the dealer but it did nothing...when i get into my honda yes in the morning the tranny needs to warm up especially in the winter but once i use it throughout the day it becomes a non issue..sorry for the long winded post but i feel a 60k vehicle when new should not have these issues..i would definetly enjoy giving bmw some grief....thanks rob
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Old 01-20-2010, 09:35 PM
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I appreciate the support but honestly there were so many
transmission threads I thought I would have a little fun.
As I said it was a bit of a facetious, meandering, sarcastic,
pointless effort of mine to get attention for transmission
problems. (Even if it will happen to me someday).......
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Old 01-20-2010, 10:02 PM
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Quote:
Originally Posted by JCL View Post
No are wrestle on the transmission issues. I just struggle to see how lawyers and a sense of entitlement on the part of those who own a used car are going to help.

But then, you knew all this and just wanted a debate. Happy to oblige
Quciksilver-->
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