02/28/24 | Judge Grants Preliminary Approval to Settlement Valued at $6 Million
A federal judge granted preliminary approval to a settlement valued at $6 million which would resolve claims that BMW installed emissions-cheating devices in certain BMW X5 and 335d diesel vehicles and bring relief to vehicle owners. The order states that after “[h]aving thoroughly reviewed the Settlement Agreement…this Court finds that the Settlement Agreement is fair, reasonable and adequate to warrant providing notice to the Settlement Class.” The Court also preliminarily appointed Hagens Berman co-class counsel for the settlement class. A final fairness hearing has been scheduled for Sept. 19, 2024.

Own a 2009-2013 BMW X5 Diesel or a 2009-2011 335d?
Despite BMW's eco-friendly promises, these vehicles allegedly contain an emissions-cheating device and emit harmful pollutants at amounts beyond legal limits. You may be entitled to compensation or a buyback.

Case Status
Motion to Dismiss Denied (In Full or in Part)
Case Caption
Co-Class Counsel
U.S. District Court District of New Jersey
Case Number
BMW of North America LLC
Dayerische Motoren Werke Aktiengesellschaft (BMW AG)
Robert Bosch LLC
Robert Bosch GMBH
File Date


  • 2009-2013 BMW X5 Diesel
  • 2009-2011 BMW 335d


According to the lawsuit, based on BMW's marketing, consumers who purchased its X5 Diesel and 335d vehicles assumed they were making a choice that was better for the environment than other options. The complaint states that BMW told the public that the vehicles "met emissions standards in all 50 states," that "BMW Efficient Dynamics" meant "Less emissions," that its engines "protect the environment every day," were "environmentally friendly," and turned nitric oxides (harmful pollutants in diesel exhaust) "into environmentally compatible nitrogen and water vapor." Attorneys say that, to the average consumer, this sounds like one of the greenest cars on the market.

In reality, the lawsuit alleges, the 2009-2013 BMW X5 Diesel and 2009-2011 335d vehicles emit harmful pollutants and emissions many times above legal emissions standards.

According to Hagens Berman’s independent investigation and vehicle testing, the 2009-2013 X5 Diesel and 2009-2011 335d vehicles emit levels of NOx (a byproduct of diesel combustion) many times higher than their gasoline counterparts; what a reasonable consumer would expect; what BMW advertised; the Environmental Protection Agency’s and California’s maximum standards; and levels set for the vehicles to obtain a certificate of compliance, which allows them to be legally sold in the United States. According to the lawsuit, as BMW sold them, these affected vehicles are so dirty, they are not legal.

The lawsuit claims that the emissions cheating device found in 2009-2013 BMW X5 Diesel and 2009-2011 335d top-selling diesel vehicles allows them to often emit far more pollution on the road than in the emissions-certification testing environment, similar to the cheating devices found in Volkswagen cars in 2016. Attorneys say the alleged illegal device works to turn down the emission controls when an affected vehicle senses that it is not in the certification test cycle.


Hagens Berman believes that consumers have the right to reimbursement for the premium price they paid for what they thought was a powerful, efficient and emissions-compliant option. BMW’s alleged cheating renders these cars out of compliance with federal regulations. Simply put, according to the lawsuit, thousands of consumers did not receive what they paid for, and purchased their X5 Diesel and 335d vehicles under what we believe is false information.


Hagens Berman is one of the most successful auto litigation law firms in the U.S. Our firm’s independent research outpaces even government agencies, and we are the only firm dedicating its own resources to uncovering new instances of fraud. Hagens Berman has also taken on other automakers on behalf of consumers throughout the United States for safety defects and negligence, and your claim will be handled by attorneys experienced in automotive consumer law.


In no case will any class member ever be asked to pay any out-of-pocket sum. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the class' legal team.


Case Update

Hagens Berman and co-counsel have secured a settlement with Defendants BMW of North America and BMW AG totaling $6,000,000 on behalf of those who purchased or leased a 2009–2013 BMW X5 xDrive35d or 2009–2011 BMW 335d vehicle. A motion for preliminary approval of the settlement was filed with the U.S. District Court for the District of New Jersey on November 17, 2023.

First Amended Consolidated Complaint

Case Filed

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