Quote:
Originally Posted by TurtleBoy
A class action, or any other, suit would not be applicable.
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Quote:
Originally Posted by kplatinum777
The only legal recourse I could see ...
That said, the collective power of a dissatisfied customer base could compel BMW to handle this differently—upping the compensation, most likely—but I doubt any class-action lawsuit would go anywhere.
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Broadly,
BMWNA has put out specifications to potential customers (which are still on the BMWUSA website!) and then taken a deposit via BMWNA's
contracted dealer partners to deliver the vehicles it's advertising ... thus one area of attack would be good ole promissory estoppel.
That is, based on BMW's promise to deliver the product it advertised, the customer reasonably relied upon that promise and took other actions (sold a car, made garage space, made trip plans, or, in this market, simply stopped shopping for a new vehicle!), but now BMW is not making good on their promise, thus damages have been incurred. In this case, given this market, it's reasonable for any customer to claim they've incurred harm simply by stopping shopping for a car, because now, the vehicles that would've been available to them, no longer are and/or for the price & timing they would've been.
Another would be federal & state consumer protection statutory law, especially given BMW advertises
"Live Cockpit Professional features a 12.3" digital instrument cluster and 12.3" touchscreen central information display." as a standard feature; i.e., potentially deceptive advertising. That is, a company probably can't advertise, say, an "internet ready phone" and then note on the label "phone cannot connect to the internet".
But maybe the best argument is your last one: should a law firm be able to assemble a decent number of angry owners, that would be enough to negotiate a better settlement than $500.
