NHTSA Complaint #11179777 — 2017 BMW X3

THIS COMPLAINT IS A FOLLOW-UP TO EARLIER COMPLAINT TO NHTSA 11129293. AS NOTED, I EXPERIENCED 3 REVVING INCIDENTS IN WHICH THE ENGINE ACCELERATED UNCONTROLLABLY TO OVER 7,000 RPM AND WAS DIFFICULT TO CONTROL. FORTUNATE, THE VEHICLE WAS STOPPED ON EACH OCCASION AND DID NOT SURGE AHEAD WHILE I PRESSED FIRMLY ON THE BRAKE AND SHIFTED TO NEUTRAL. THE REVVING STOPPED ON ITS OWN AFTER A SHORT TIME. IN EACH INSTANCE I DELIVERED THE VEHICLE TO A BMW DEALERSHIP--THE FIRST TIME IN SARASOTA, FL AND THEN TWICE IN ROCKVILLE, MD--AND BMW MECHANICS WERE UNABLE TO FIND ANY CAUSE OR FLAW. FOLLOWING THE THIRD EVENT, BMW OF NORTH AMERICA DESPATCHED AN ENGINEER TO ROCKVILLE FOR A COMPLETE EXAM ON OCTOBER 4, 2018. THE ENGINEER REPORTED THE VEHICLE TO BE IN PERFECT RUNNING CONDITION IN EVERY RESPECT. BASED ON THIS REPORT, BMW NA REFUSED MY REQUEST TO TERMINATE MY LEASE EARLY, WITHOUT PENALTY. IT ALSO DISMISSED MY PERSONAL VIEW THAT THE PROBLEM MIGHT BE A SOFTWARE GLITCH THAT THE ENGINEER OR BMW MECHANICS HAD BEEN UNABLE TO UNCOVER OR DUPLICATE. AS MY WIFE AND I WERE UNWILLING TO DRIVE A CAR ON PUBLIC ROADS THAT WE CONSIDERED TO HAVE A LIFE-THREATENING DEFECT, WE SUBMITTED TO BMW'S DEMAND THAT WE PAY OFF IN A LUMP SUM THE REMAINING TWO YEARS OF OUR LEASE THROUGH SEPTEMBER OF 2020, AMOUNTING TO OVER $17,000. BMW'S POLICY OF REFUSING TO ACCEPT RESPOSIBILITY FOR REVVING PROBLEMS UNDOUBTEDLY FORCES SOME DRIVERS TO KEEP DRIVING POTENTIALLY DANGEROUS VEHICLES, RISKING PUBLIC SAFETY. I AM ALSO APPALLED AT THE LIKELIHOOD THAT BMW HAS LEASED OR RESOLD THE SAME VEHICLE, THEREBY PROFITING TWICE FOR THE PERIOD OF MY TERMINATED LEASE, WHILE FAILING TO REVEAL THE CAR'S HISTORY OF REVVING TO THE NEW OWNER/DRIVER. I HAVE DOCUMENTS SUCH AS THE BMW ENGINEER'S REPORT, EMAIL CORRESPONDENCE WITH BMW OF NORTH AMERICA, ETC. UNETHICAL