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      07-08-2021, 11:17 PM   #32
bloozemanAZ
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Drives: 2020 M850i Coupe
Join Date: Oct 2019
Location: Arizona

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Quote:
Originally Posted by Publius View Post
Good thing I live in California. In any case, I'm not advocating for anyone taking any legal action. I certainly don't plan to. I just want to enjoy my car, and like others, wish the manufacturer wouldn't decide to reduce my enjoyment because I want to wear out my own drivetrain (which I realize could cost me a lot of money to replace). I may never get to 100 Launches anyway. Thanks!
Quote:
Originally Posted by Resjudicata View Post
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.
My take is if I do not buy out the lease on my 2020 M850i (highly unlikely now with the 2022 and beyond MSRP price drop) I'm going to make sure I burn up all 100 launches before returning the car.
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