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Settlement Granted Preliminary Approval in BMW Defective Roof Class Action

Elizabeth DiNardo, Esq. | Associate Counsel

On February 17, 2017, U.S. District Judge William J. Martini granted preliminary approval to the settlement between German carmaker BMW AG and owners of BMW 6 Series convertibles.

The suit, which was originally filed in New Jersey Federal Court in 2013 by named plaintiffs Robert Gray and Markum George, alleges that the defendant sold consumers defective vehicles. Gray and George both purchased used BMW 645ci convertibles in 2010 and 2011, respectively, and both plaintiffs almost immediately began experiencing problems opening and closing the cars’ retractable roof. In the class complaint, Plaintiffs argued that consumers agreed to pay BMW’s premium prices based on the company’s deceptive advertising that assured customers that they would be purchasing a vehicle that was “perfectly” designed and constructed to give drivers the “ultimate” driving experience.

Settlement negations between the parties went on for over a year and a settlement was finally reached in November 2016. BMW maintains that it did not break any laws or breach any warranties; however, the company has agreed to either reimburse class members the cost of repairing the roof issue or updating the vehicles software.

The class includes anyone within the U.S. and Puerto Rico that owned or leased a BMW 6 series convertible from the model years 2004-2010. It is estimated that the class will include around 31,000 vehicles. A hearing for final approval is currently scheduled for July 20, 2017.

The case is: Gray v. BMW of North America LLC, Case No.: 2:13-cv-03417, in the U.S. District Court for the District of New Jersey


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