2019 BMW 3 Series Brakes Problems

The contact owns a 2019 BMW 330I. The contact stated while driving at approximately 35 MPH, the brake pedal was depressed and there was an abnormal sound. The contact stated that while the brake pedal was depressed, the brakes failed to engage as designed. No warning light was illuminated; however, the "Electronic Stability Control System Malfunctioning" message was displayed on the instrument panel. The vehicle was taken to a dealer to be diagnosed; however, the cause of the failure was not yet determined. The vehicle was not diagnosed or repaired. The manufacturer was not notified of the failure. The failure mileage was unknown.

BMW ADVERTISES AS A SAFETY FEATURE AN EMERGENCY BRAKE ASSIST SYSTEM THAT "WARNS ABOUT THE RISK OF COLLISION AND, WHERE APPROPRIATE, BRINGS THE VEHICLE TO A COMPLETE STOP BEFORE IT RESULTS IN A CRASH WITH AN OBSTRUCTION, A PERSON OR ANOTHER VEHICLE" (HTTPS://WWW.BMW.COM/EN/INNOVATION/THE-MAIN-DRIVER-ASSISTANCE-SYSTEMS.HTML#PWJT-EMERGENCY-BRAKE-ASSIST) MY WIFE WAS DRIVING AT ABOUT 10-15 MPH AND THERE WAS ANOTHER CAR IN FRONT. SHE WAS DISTRACTED BY A CRYING BABY AND TOOK HER EYES OFF THE ROAD AND COLLIDED WITH THE FRONT CAR. THE BMW SYSTEM FAILED TO TAKE ACTION TO BRAKE TO MINIMIZE OR AVOID THE COLLISION. THIS WAS CONFIRMED WHEN BMW QUERIED THE SYSTEM, THAT NO BRAKING ASSIST WAS APPLIED IN THE INCIDENT. THIS "SAFETY" FEATURE WAS ADVERTISED BY BMW AND WE PAID A PREMIUM FOR THIS FEATURE AND IN FACT DECIDED TO LEASE THIS CAR BASED ON THIS FALSE PREMISE/ ADVERTISEMENT. IN THIS INSTANCE, THE ACCIDENT OCCURRED DURING DAYLIGHT ON A CITY STREET, WITH SUNNY WEATHER, WITH AN OBJECT AT A STANDSTILL IN FRONT OF MY CAR. *TR