In 2013, primary plaintiff Robert Gray initiated the BMW 6 Series class action lawsuit. Gray asserted in the class action lawsuit that BMW sold him two different 6 Series vehicles that contained a convertible top defect. Within just a few months of purchase, Gray claims the BMW 6 Series convertible tops failed to open completely. Other malfunctions included a perfectly operable convertible top, but a dashboard indicator that displayed a “Top not locked” message. BMW 6 Series owner Markum George eventually joined Gray as a co-plaintiff in the class action lawsuit.
Both parties reached the BMW class action settlement in February of 2017. With the help of a mediator, BMW has agreed to offer qualifying class members a software program enhancement to repair the alleged convertible top malfunctions. Eligible class members who paid for convertible top repairs might be eligible to receive compensation under the terms of the settlement. BMW does not have to admit liability for the inferior design of the 6 Series convertible tops.
What You Need To Know
Class counsel has stated that eligible class members comprise BMW 6 Series owners from model years 2004 to 2010. The settlement applies to class members who live in the United States, Puerto Rico, and the District of Columbia. The potential award requires BMW to install a software upgrade, as well as reimburse class members for repair and replacement part costs. BMW has created the software upgrade to fix the convertible top defect. Class members must schedule an appointment with an authorized BMW dealer or repair center to receive the software program upgrade.
You also might qualify for compensation for paying out of pocket expenses to fix the convertible top defect. BMW is on the legal hook for up to two repair attempts and one part replacement attempt. In addition to filing a valid and timely claim form, class members are required to submit the vehicle VIN number, a repair invoice, and proof of payment for any repairs performed on a BMW 6 Series convertible top.
Class members have until June 19, 2017 to file the class action settlement claim form. Robert Gray, et al. v. BMW of North America LLC, et al., Case No. 2:13-cv-03417, in the U.S. District Court for the District of New Jersey has a final hearing scheduled on July 20, 2017. Follow the latest news concerning the class action settlement at www.ConvertibleTopSettlement.com. Mathew R. Mendelssohn of Mazie Slater Katz & Freeman LLC and Payam Shahian of Strategic Legal Practices represent the class counsel in the class action settlement. BMW is represented by Buchanan Ingersoll & Rooney PC attorneys Rosemary J. Bruno and Christopher J. Dalton.
