BMW files motion to dismiss cornering lights lawsuit

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Cornering Lights’ class action is allegedly bogus because plaintiff was not charged.

– BMW says a cornering light lawsuit should be dismissed because the sole BMW owner he sued was never charged for the cornering lights in the first place.

BMW cornering lights help drivers see around corners when driving at night by following the direction of the front wheels.

Florida plaintiff Garry Porter, Jr., claims he bought a 2021 BMW 430i in December 2020 in Florida. Porter says one of the main reasons he bought the vehicle was because the sticker on the window said the vehicle was equipped with cornering headlights.

However, a few weeks after his purchase, the actor received a letter from BMW stating that his vehicle was equipped with typical LED lights, but not cornering headlights.

Three months later, the actor contacted the automaker and was told that nothing could be done because the sticker on the window (Monroney label) was incorrect.

The actor claims in the class action lawsuit he would not have paid what he did for the BMW vehicle if he had known it had no cornering lights.

Motion to dismiss class action lawsuit for BMW cornering lights

BMW filed its motion denying it telling the judge that the cornering lights lawsuit should never have been filed because the plaintiff did not suffer a “loss.”

According to BMW, the actor could argue that the cornering lights were a major factor in his decision to purchase the vehicle, but “the absence of this important feature apparently escaped the actor’s attention until BMW NA. told him that his car didn’t have it. “

BMW claims that the letter sent to the actor admits that the sticker on the window was wrong, but in any case, the letter also says that the actor was never charged for the cornering lights.

Knowing this, the plaintiff waited about three months to contact BMW, and when the automaker said it could do nothing, the owner filed a class action one month later.

BMW claims there was no “loss” to sue because the plaintiff was not charged for the cornering lights and lost nothing in the transaction.

The automaker also claims the plaintiff fails in his New Jersey Consumer Fraud Act (NJCFA) application because he’s a Florida resident who saw the BMW window sticker in Florida. He also bought the vehicle in Florida and its alleged “loss” took place in Florida.

According to BMW, the case has no connection with New Jersey, other than the fact that BMW is in the state.

“Further, even though the NJCFA could apply to the plaintiff’s claims, which it cannot, the plaintiff still failed to file a claim under the NJCFA because he was not charged for the cornering lights and therefore did not claim an ascertainable loss. ” – BMW

The automaker also told the judge that the plaintiff cannot pursue claims based on a class action just because he allegedly bought his vehicle because he liked a feature incorrectly printed on the window sticker.

“While that feature may have been important to him, it may have been irrelevant to others. And to figure out which shoppers looked at the window sticker, saw the turning lights listed, and found it relevant to their purchase decision. it will require personalized investigations. It is not a collective action. “- BMW

The BMW Turn Lights lawsuit was filed in the United States District Court for the District of New Jersey: Garry Porter, Jr., v. BMW of North America, LLC.

The actor is represented by Miller Shah LLP.

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