NHTSA Complaint #11035721 — 2009 BMW X5

BMW FUEL PUMP RECALL VEHICLE IS HARD TO START AND IT IS PROGRESSIVELY GETTING WORSE. THERE IS A MANDATORY NHTSA MANDATED FUEL PUMP RECALL ON THIS VEHICLE. WE RECEIVED THE OWNER NOTIFICATION LETTER. I WAS TOLD BY THE DEALER AT FIRST THAT THE FUEL PUMP IS NOT AVAILABLE. AFTER I PERSISTED THE DEALER STATED THAT THE FUEL PUMP IS AVAILABLE BUT THAT THEY HAVE TO PERFORM A DIAGNOSTIC FIRST. A) IT IS UNLAWFUL TO CHARGE A DIAGNOSTIC FEE IN CONJUNCTION WITH A FEDERALLY MANDATED RECALL. B) THE FUEL PUMP ISSUE HAS BEEN KNOWN TO BMW FOR MANY YEARS (BMW HAD A VOLUNTARY REIMBURSEMENT OF FUEL PUMP REPAIRS IN PLACE UNTIL NHTSA MANDATED THE RECALL OF ALL VEHICLES WITH THE AFFECTED FUEL PUMP.) THE FUEL PUMP SHOULD BE INSTALLED AND THE PARTS SHOULD BE READILY AVAILABLE. I JUST TALKED WITH BWM OF NORTH AMERICA CUSTOMER SERVICE. THEY STATED: * I WOULD HAVE TO TAKE THE VEHICLE TO THE DEALER AND HAVE A DIAGNOSTIC RUN * I WOULD BE CHARGED FOR THE DIAGNOSTIC IF IT TURNS OUT TO BE AN ISSUE OTHER THAN THE FUEL PUMP * IF IT TURNS OUT THAT THE FUEL PUMP MODULE IS DEFECTIVE, THEN I WOULD NOT HAVE TO PAY THE DIAGNOSTIC FEE THIS ILLEGALLY TIES A DIFFERENT SERVICE (THAT I MAY HAVE TO PAY) TO A FEDERALLY MANDATED RECALL. IT IS NOT IN DISPUTE THAT THE FUEL PUMP RECALL IS MANDATORY. IT IS BMW'S ALLOCATION OF PARTS AVAILABILITY THAT MAY RESULT IN ME HAVING TO PAY THE DIAGNOSTIC FEE.