— BMW says a cornering lights class action lawsuit should be dismissed because the one BMW owner who sued was never charged for the cornering lights in the first place.
BMW cornering lights assist drivers in seeing around corners when driving at night by following the direction of the front wheels.
Florida plaintiff Garry Porter, Jr., says he purchased a 2021 BMW 430i in December 2020 in Florida. Porter says a big reason he purchased the vehicle was because the window sticker said the vehicle was equipped with cornering headlights.
However, a few weeks after his purchase the plaintiff received a letter from BMW which said his vehicle was equipped with typical LED lights, but not cornering headlights.
Three months later the plaintiff allegedly contacted the automaker and was told nothing could be done because the window sticker (Monroney label) had been incorrect.
The plaintiff claims in the class action lawsuit he wouldn't have paid what he did for the BMW vehicle if he would have known it didn't have cornering lights.
Motion to Dismiss the BMW Cornering Lights Class Action Lawsuit
BMW filed its motion to dismiss by telling the judge the cornering lights lawsuit should have never been filed because the plaintiff didn't suffer a "loss."
According to BMW, the plaintiff may claim the cornering lights were a big factor in his decision to purchase the vehicle, but "the absence of this important feature apparently escaped Plaintiff’s attention until BMW NA advised him that his car didn’t have it."
BMW says the letter sent to the plaintiff admits the window sticker was wrong, but in any event, the letter also says the plaintiff was never charged for cornering lights.
Knowing this, the plaintiff waited about three months to contact BMW, and when the automaker said it couldn't do anything, a month later the owner filed the class action lawsuit.
BMW argues there was no "loss" to sue over because the plaintiff wasn't charged for cornering lights and lost nothing in the transaction.
The automaker also argues the plaintiff fails in his New Jersey Consumer Fraud Act (NJCFA) claim because he is a Florida resident who viewed the BMW window sticker in Florida. He also purchased the vehicle in Florida and his alleged "loss" occurred in Florida.
According to BMW, the case has no connection to New Jersey other than the fact BMW is located in the state.
"Moreover, even if the NJCFA could be applied to Plaintiff’s claims, which it cannot, Plaintiff has nonetheless failed to state a claim under the NJCFA because he was not charged for the cornering lights and has therefore fails to allege an ascertainable loss." — BMW
The automaker also told the judge the plaintiff cannot pursue claims on a class action basis just because he allegedly bought his vehicle because he liked one feature mistakenly printed on the window sticker.
"While that feature may have been important to him, it may well have been immaterial to others. And to figure out which purchasers looked at the window sticker, saw the cornering lights listed, and found that relevant to their purchase decision will require individualized inquiries. That’s not a class action." — BMW
The BMW cornering lights lawsuit was filed in the U.S. District Court for the District of New Jersey: Garry Porter, Jr., v. BMW of North America, LLC.
The plaintiff is represented by Miller Shah LLP.