NHTSA Complaint #10556643 — 2004 MINI COOPER

WE PURCHASED A NEW 2004 MINI-COOPER R50 AND PAID EXTRA FOR INSTALLATION OF A CVT TRANSMISSION. THE CVT ' (SPORT MODE)' FAILED IN 2010, JUST 2 YEARS AFTER ITS WARRANTY EXPIRED AND WITH ONLY 35,147 MILES DRIVEN. WE WERE TOLD THAT IT COULD COST BETWEEN $2,000 AND $9,000 TO REPAIR/REPLACE THE SPORT MODE' FUNCTION, AND SINCE THE AUTOMATIC TRANSMISSION IS STILL OPERATING, WE DECIDED TO AVOID THE UNCERTAINTY OF COSTLY REPAIRS AND MAKE SURE NO ONE ELSE DRIVES THIS VEHICLE. SINCE THEN, WE HAVE LEARNED OF OTHER PREMATURE CVT FAILURES AND THREE CLASS-ACTION LAWSUITS REGARDING THIS TRANSMISSION: AARONS V. BMW OF NORTH AMERICA, LLC [XXX],BONOMO V. BMW[XXX], AND BOURNE-MILLER V. BMW[XXX]. PREMATURE 'SPORT-MODE' FAILURE CAN CAUSE PERMANENT DAMAGE TO A $9,000 TRANSMISSION WITH DEADLY CONSEQUENCES ON U.S. HIGHWAYS AT HIGH SPEEDS. CLASS ACTION LAWSUITS DO NOT ADDRESS THIS PROBLEM, AND WE HAVE 'OPTED-OUT' OF PARTICIPATION IN THEM. PLEASE INVESTIGATE THE EXTENT OF PREMATURE CVT FAILURES IN THE MINI-COOPER AND ISSUE A RECALL APPROPRIATE TO REMEDY THIS POTENTIALLY DEADLY DEFECT. PLEASE LET US KNOW IF MORE INFORMATION OR DOCUMENTATION IS REQUIRED. UNDER PENALTIES OF PERJURY IN THE STATE OF CALIFORNIA I SWEAR THAT THE FORGOING DETAILS ARE ACCURATE AND TRUTHFUL TO THE BEST OF MY ABILITY. INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6). *TR