54.  This class action is brought on behalf of all persons who  bought or leased a Class Vehicle in the United States.   55.  The Class Vehicles at issue in this action include all BMW  vehicles equipped with a Navigation System containing the ARRTI  feature.  The Class  Vehicles ’  Navigation System is Defective.   56.  The Class Vehicles are equipped with a Navigation System  designed, manufactured, and installed in the Class Vehicles by BMW.   58.  BMW represents that local real-time traffic information is  available 24 hours a day, 7 days a week in the “NY/NJ/CT-Metro Area”,  which, according to BMW’s coverage map, includes the areas of  northern New Jersey where Plaintiff McGuire drives his Vehicle.   59.  For some Class Vehicles, the Navigation System is an  optional feature, offered by BMW for installation in those model Class  Vehicles prior to the sale of the Vehicle, and, if selected, paid for by the  purchaser or lessee of the Vehicle at an additional cost of $2,800.   60.  For other Class Vehicles, BMW includes the Navigation  System as a standard feature, and therefore BMW includes the price of  the Navigation System in the total price of those Vehicles.   62.  Preliminary expert inspection of Plaintiff’s Class Vehicle as  well as other Class Vehicles available for sale by BMW confirmed that  the Navigation System in those Vehicles failed to display local real-time  traffic information for the area where the Vehicle was located, and also  failed to re-route the Vehicle around upcoming traffic when using the  route guidance feature.  BMW Knew of the Navigation System Defect.   63.  On information and belief, BMW became aware of the  Navigation System Defect at least as early as June 2012, before  Plaintiff and Class members purchased or leased their Class Vehicles,  and certainly well before Plaintiff and Class members brought their  Vehicles to BMW for warranty repair of their Vehicles’ Navigation  System failures.   65.  Preliminary expert analysis made without the benefit of  discovery indicates that, in or around June 2012, BMW changed the  design of the navigation system for some of its forthcoming 2013  models, announcing that the navigation systems in certain 2013  3-Series, 5-Series, and 7-Series vehicles would feature ARTTI instead of  the traffic feature provided by the navigation systems in prior BMW  models.   66.  Those 2013 BMW models with the ARTTI-enabled  Navigation System, including the Class Vehicles, first became available  for purchase or lease by the public in or around July 2012.   68.  BMW’s knowledge of the defective BMW Navigation System  before and after the Vehicles' release into the market, and the absence  of any fix for it, is certain given the close attention it pays to the  development, production, and quality of its Vehicles. According to 