BMW Software Update For Missing CID Warning Information

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BMW North America, LLC (BMW) will be contacting the owners of certain 2022 i4 and 2022-2023 iX electric vehicles equipped with hybrid electric powertrains. These vehicles do not meet the requirements of the Federal Motor Vehicle Safety Standards (FMVSS) for “Control and Displays.” A software problem could affect the information that shows up on the Central Information Display (CID) of the vehicle’s console.

BMW first became aware of the problem in May 2022, during a quality check at the BMW vehicle assembly plant. Testers noticed that important safety warning messages were not showing up on the CID display during certain test configurations. They began an investigation that looked at vehicle build configurations, packages, options and other design features. BMW also investigated other vehicle types which were thought to have a production release involving the same software configuration. The investigation included an assessment of the Head Unit software functionality when the vehicle was in normal operating mode, and when the vehicle was placed in valet parking mode.

According to the defect report, a programming/coding issue was not allowing the display of certain warning messages in the CID, while in valet parking mode. BMW reviewed vehicle assembly information and supplier production records to determine the number and production dates of potentially affected vehicles. On June 29, 2022, BMW decided to conduct a recall. BMW has not aware of any accidents or injuries that may be related to this issue. Almost seven thousand vehicles are affected by this recall.

The vehicles affected by this problem include:

2022-2023 BMW iX xDrive40
2022-2023 BMW iX xDrive50
2022-2023 BMW iX M60
2022 BMW i4 eDrive40
2022 BMW i4 M50

Owners receiving recall notices will be asked to contact their BMW dealer to have the CID display’s head unit software updated. The NHTSA campaign number for this recall is 22V-483.

2020 Mercedes Benz GLC350E 4Matic
Loss Of Drive Power

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The owners of certain 2020 Mercedes Benz GLC350E 4Matic SUVs could experience a loss of drive power due to a problem affecting the wiring harness going to the transmission in their vehicles.

In September 2020, Mercedes Benz first became aware of the problem after receiving a customer complaint regarding the loss of drive power in their vehicle. As similar complaints regarding GLC-Class vehicles increased Mercedes began an investigation into the problem. A production quality survey was initiated to double check the wiring harness installation in two plants producing the LC-Class. Mercedes investigated possible commonalities between the reported failures of two different platforms that are manufactured at three different plants. Mercedes also asked the wiring harness supplier to analyze any possible cause involving the wiring harness.

The investigation identified the root cause of the problem as an error in the installation of the wiring harness. Mercedes studied the potential effect of the transmission wiring harness production deviation on vehicle safety and identified the potentially affected vehicles. On July 1st 2022, they determined that there was a potential safety risk and decided to conduct a recall of all the potentially affected vehicles.

According to the defect report, the routing of the transmission wiring harness in certain 2020 GLC-Class (253 platforms) 4-Matic vehicles may not meet current production specifications. Due to deviations in the wiring harness length and the assembly process, the harness could come in contact with the front drive shaft and damage it over time. If this happens, drivers could experience a loss of propulsion and an increased risk of an accident. If the failure occurs, the driver would be made aware through a warning message in the instrument cluster.

Owners receiving notices will be asked to return to their dealers to have the transmission wiring harness inspected and replaced as necessary. The NHTSA campaign number for this recall is 22V-494.

2018-2020 Buick Regal
Loss Of Power Brake Assist

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General Motors (GM) has determined that certain 2018-2020 Buick Regal vehicles may have a software defect that could affect the power brake assist system. Because of this error, these vehicles fail to meet the Federal Motor Vehicle Safety Standards (FMVSS) for “Braking Systems”.

In April 2022, a brake performance issue on a 2019 Opel Insignia, a sister vehicle of the Buick Regal, was brought to the attention of GM’s Speak Up For Safety (SUFS) program. An investigation was opened and the problem was found to be a software issue. According to the defect report, a software error could cause the hydraulic brake boost to fail and not respond to a loss of brake vacuum pressure. Tests conducted on a Buick Regal by GM, showed that stopping distance following the loss of vacuum brake pressure could exceed FMVSS 135 requirements by 1-5 percent.

Field data has identified four claims received by GM in which the vehicle’s invalid vacuum pressure diagnostic trouble code (DTC) was set and the hydraulic brake boost was disabled. None of these claims involved an allegation that the condition contributed to a crash, and GM is not aware of any crashes or injuries relating to this condition. In June, GM’s Safety Field Action Decision Authority (SFADA) decided to conduct a non-compliance recall.

According to the defect report, a loss of vacuum brake assist pressure will cause these vehicles to exceed the stopping distance requirements. If the vehicle’s vacuum-power brake assist partially or fully fails, braking events may require additional stopping distance, depending on the brake pedal force applied by the driver. Increased stopping distances could increase the risk of a crash.

NOTE: During a partial or full loss of vacuum brake assist, the vehicle may display a message in the Driver Information Center, a malfunction warning light may illuminate and the driver may notice increased brake pedal resistance.

Owners receiving notices will be asked to return to their dealers to have the EBCM software updated in their vehicles. The NHTSA campaign number for this recall is 22V-465.

Cadillac, Chevrolet & GMC Vehicles Investigated For Airbag Safety Problem

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Automotive Defect Investigation
The Office of Defects Investigation (ODI) of the National Highway Traffic Safety Administration (NHTSA) have opened a Preliminary Evaluation (PE21-010) to investigate complaints of malfunctions with the driver frontal air bags in certain Cadillac, Chevrolet and GMC vehicles.

The ODI has received fifteen consumer complaints about certain vehicles experiencing an airbag warning light illumination and/or a failure of the airbag to deploy during an accident with significant frontal damage. Nine of the consumer complaints say the air bag malfunction indicator lamp (MIL) was illuminated and six of the incidents had significant frontal damage with failure to deploy the airbags.

A TSB, issued in March 2021, addresses air bag MIL illumination accompanied by diagnostic trouble codes B0001-1B or B0012-0D. It also reports rust particles in the connection terminal interface of the driver airbag inflator as the cause of the airbag MIL illumination. Illumination of the airbag MIL under these circumstances may result in a non-deployment of the driver’s airbag during a frontal collision and increased risk of injury to the driver.

The vehicles under investigation include:

2020-2021 Cadillac CT4
2020-2021 Cadillac CT5
2020-2021 Cadillac Escalade
2020-2021 Cadillac Escalade ESV
2020-2021 Cadillac XT5
2020-2021 Chevrolet Silverado 1500
2020-2021 Chevrolet Silverado 2500
2020-2021 Chevrolet Silverado 3500
2020 Chevrolet Silverado 4500HD
2020 Chevrolet Silverado 5500HD
2020 Chevrolet Silverado 6500HD
2020-2021 Chevrolet Suburban
2021 Chevrolet Suburban 1500
2020-2021 Chevrolet Tahoe
2020-2021 GMC Sierra 1500
2020-2021 GMC Sierra 2500
2020-2021 GMC Sierra 3500
2020 GMC Sierra Denali
2020-2021 GMC Yukon
2020-2021 GMC Yukon XL

ODI have opened this preliminary investigation to determine the scope and severity of the potential problem and to fully assess the potential safety-related issues. If the investigation results in a recall, an estimated 749,312 vehicles could be affected.

2022 Ford Explorer And 2022 Lincoln Aviator Engine Rail Sub-Assembly Failure

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Ford Motor Company (Ford) will be contacting the owners of certain 2022 Ford Explorer and 2022 Lincoln Aviator SUVs because the vehicles they are driving may not comply to the Federal Motor Vehicle Safety Standards for occupant crash protection and fuel system integrity.

Ford first became aware of the problem in April 2022 when one of their assembly plants started experiencing intermittent bolt strip-out conditions when securing the front sub-frame to the front apron assembly. An investigation into engine rail sub-assembly failures found that the mechanical properties of the engine rails did not meet the intended strength requirements. Supplier records showed that over six hundred engine rail sub-assemblies were sent out for an unapproved repair procedure (thermal e-coat stripping) which degraded the mechanical properties and weakened the metal. Some of the suspect rails were used at the Tier 1 supplier and 137 suspect rails were shipped to the assembly plant. A Stop Shipment was issued on April 28, 2022 and an inspection of engine rail hardness was carried out on over 5000 vehicles.

According to the defect report, the vehicles affected were built with an engine rail that may not
maintain its integrity in a crash and as a result, does not meet the Federal Motor Vehicles Safety Standards (FMVSS) for Occupant Crash Protection and Fuel System Integrity requirements. A weakened engine rail could also become loose, resulting in a clunking noise during acceleration, deceleration, or contact with potholes, speed bumps, or other road surface irregularities.

Owners will be notified by mail and instructed to take their vehicle to a Ford or Lincoln dealer for an engine rail inspection. If the vehicle does not pass the strength test, owners will be given the option of a replacement of the engine rail assembly or, because of the extensive nature of this repair, vehicle replacement or a buyback. Owners opting for repairs will be sent awareness letters and instructed to bring their vehicles in when parts become available. Ford’s number for this recall is 22C13 and the NHTSA campaign number is 22V-454.

Are you thinking of taking a replacement or buyback? Under the California Lemon Law, if your vehicle qualifies, you should recover your down payment, (including registration fees, licensing fees, taxes, transportation costs, etc.), plus your total monthly lease or loan payments. The manufacturer will also pay off the balance of your loan or lease. The manufacturer will also pay all or most of your attorney’s fees.

If you have any questions about your rights and the California Lemon Law, please call our office at 1-888-395-3666 and get some great Lemon Law advice!

2016-2020 Honda Pilot Vehicles Investigated For Stalling Engines

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Automotive Defect Investigation
Certain 2016-2020 Honda Pilot vehicles with 3.5L engines and 9-speed automatic transmissions could experience a problem with the automatic Start/Stop feature. The Honda Pilot Touring and Elite vehicles are equipped with Auto Start/Stop capability to help improve fuel efficiency. When the driver enables the system and certain operating conditions are met, the Auto Start/Stop system will automatically shut off the engine when the vehicle comes to a complete stop. The engine should automatically restarted when the driver releases the brake pedal.

The Office of Defects Investigation (ODI) has received 221 complaints and several field reports claiming that there is an issue with the Auto Start/Stop feature on certain 2016-2020 Honda Pilot vehicles. The complaints say that the Auto Start/Stop function fails to restart the engine on its own after it has come to a complete stop at a traffic light or road intersection. Some of the complainants allege that a jump was required for the vehicle to be restarted.

The ODI met with Honda on several occasions on this issue. Honda indicated that per the information provided from National Highway Traffic Safety Administration (NHTSA) complaints and TREAD (Transportation Recall Enhancement, Accountability, and Documentation) reports, they have found a correlation with customers’ allegations for the Auto Start/Stop failure to restart the vehicle when the system is activated. Honda also indicated other Honda models (Honda Odyssey, Acura TLX & Acura MDX) with the 3.5L engines equipped with the 9-speed automatic transmissions experience the same failure mode.

ODI is opening this Preliminary Evaluation (PE) to determine the scope and severity of the potential problem as well as to fully assess the potential safety-related issues.

The Lemon Law and Used Vehicles
A Major Law Change

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One of the most critical legal elements under the California lemon law is that a vehicle must be a “new motor vehicle” to qualify under the law. Since its inception decades ago, the California lemon law has enjoyed a very broad definition of the term, “new motor vehicle” which included new vehicles, but also included used vehicles which had some of the factory warranty left remaining on the used vehicle at the time of purchase. For example, if you purchased a used vehicle from a dealership with 25,000 miles on the odometer, and the vehicle had a 36,000 mile warranty when sold as new, the vehicle would still qualify under the lemon law despite being a used vehicle.

Sadly, however, the new recent case law sent a punch to consumers who have bought used vehicles. In Rodriguez v. Us, the California Court of Appeals determined that a used vehicle with some of the factory warranty remaining is not to be considered a “new motor vehicle” and is therefore not protected by the lemon law. (There are some exceptions to this such as the vehicle was a certified pre-owned vehicle, and dealership demos.) Rodriguez basically wipes out access to the lemon law for about 30% of all consumers.

The full effect of this new law is still unfolding and the full impact yet unknown. Rodriguez may also be appealed before California’s Supreme Court. However, in the meantime, we do know that the Rodriguez case has sent a shock wave in the California lemon law legal world, and significantly impacts consumers who have purchased used vehicles.

Chevy Bolt Battery Problem Update

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General Motors is still rolling out new batteries for the troubled Chevy Bolt electric vehicle, albeit very slowly. We are hearing from clients and potential clients that dealerships are putting them on “wait lists” for the new battery but are not hearing again from the dealership. The dealerships give the owner no times table for getting their new battery as well. Obviously, this is very frustrating for consumers who are tired of figuring out ways to safely charge their EV. To date, we have only heard of the new batteries actually being installed in the 2017 – 2019 year models, but not for any 2020-2021 models. The good news is that once the battery has been installed, consumers seem to be happy with the new battery giving them a longer range than the original. More importantly, we have not heard of any problems associated with the new battery. This is good news for consumers.

With that said, we are still accepting Chevy Bolt cases, regardless of whether the new battery has been installed, and we continue to achieve favorable settlements with General Motors. Many of our settlements are for cash, allowing the consumer to receive compensation while being allowed to keep the vehicle.

Please call us at 1-888-395-3666 for more details about this problem.

Chevrolet Bolt EV

Here is a summary of the defect.
General Motors recalled all of their Chevrolet Bolt EVs because there is a manufacturing defect affecting the battery cell. The problem is aggravated when the battery is charged to a full or nearly full state after it has been substantially depleted. The battery could overheat and catch fire, causing damage to the vehicle and structures around it. As a temporary solution, GM asked owners to reprogram their hybrid propulsion control module to limit a full charge.

The safety recall from the NHTSA states the following:
As an interim remedy, dealers will reprogram the hybrid propulsion control module to limit full charge to 90%. Until this interim is completed, customers should enable either “Hilltop Reserve” (for 2017-2018 model year vehicles) or “Target Charge Level” (for 2019 model year vehicles) using their vehicle’s infotainment center. These two features will limit the vehicle’s state of charge to 90% until the HPCM2 software re-calibration is applied. If customers are unable to successfully make these changes or do not feel comfortable making these changes, they will be advised to not park their car in their garage or carport until after they have visited their dealer.