[Resjudicata]

Originally Posted by Publius

I see the argument BMW might make, but don't buy it. I'm seeing this as you are @Andycam. Curious what others think.

I absolutely relied on BMW's representations about the Launch Mode feature to inform my purchase decision. BMW advertises 0-60mph in 3.0s for an M8 Comp GC. There is no asterisk next to that claim saying "only the first 100 times you try it, after which we're going to slow your car's acceleration because it's probably too hard on your tranny".

For BMW to—without informing you before purchase, in the user's guide, or anyplace else, even after 100 Launches—deprecate the performance of your car not because of actual wear & tear, but on a projection of what the level of wear/tear will be after a somewhat arbitrary number of Launches, is flat out deceptive.

Launch Mode's impact on your drivetrain is no different than hard braking's impact on pads and rotors. I see no reason why BMW, or ZF, should have any right to disable functionality for your car without unambiguously informing you, in advance.

The language that @unfoundnemo quoted from the user's guide doesn't come close to implying "if you use Launch Mode too many times, we're going to cripple it". It simply states that Launch Mode causes extra wear and tear. Getting from the language of the user's guide, to "the buyer was aware that excessive use would have consequences" so it's ok if BMW cripples an advertised feature without telling you, is a bridge too far.

I am not a lawyer, but I don't believe you would have to prove to a court that you relied on BMW's claims about Launch Mode performance, or that a specific financial harm resulted from BMW's practice. You'd only need to show BMW's advertised performance, their failure to inform you that performance would be curtailed after 100 Launches, and that a reasonable buyer of a BMW M would rely on BMW's representations in their purchase decision. That's easy to do. Monetary awards need not be limited to actual economic damage. In US courts, you could also be awarded consequential damages (e.g. a new car with a fresh Launch Mode counter) or punitive damages (e.g. $1 million to teach the manufacturer a lesson about not being upfront with their customers.)

It is your drivetrain. You own it. If you want to wear it out, that should your decision.

I can see BMW wanting to limit their warranty liability that might result from tons of Launches. That would be reasonable. Surreptitiously slowing the car is simply deceptive, and possibly violates federal if not state consumer protection laws in the US.

Signed,
New M8 owner who has used Launch Control 0 times, so far.

I wish that was the case, but that's not how the law works. since I'm an owner and licensed attorney, I'm not going to play devils advocate and help BMW make their case. But let's just say, I think they have a stronger case than your hoping for.

it's dangerous when you know just enough to throw 15 different legal concepts that are not related together and try to apply incorrectly.
it's a good effort though and nice try.

False advertising only applies when they put an ad on TV or in the newspaper for selling and marketing. It has to be completely false and you need to show that it's the only reason you bought it.
For example, a screwdriver that can't work. not a philips when you needed a flat head. nor a 6" vs a 12" tool.

and even then, usually it's large collective actions like a government lawsuit over company false advertising. the average consumer that was harmed usually gets Nothing for the suit. but often companies will be forced to change or stop selling in the USA.

We aren't happy, but in any state besides maybe California, you're chances of winning are going to be slim.