BMW Demo Vehicle Class Action Settlement

A settlement has been reached in a class action lawsuit over BMW sales demonstration and Aftersales Mobility Program vehicles that were sold as “new” even though the limited warranty period started to run before they were purchased. If you purchased a “new” BMW vehicle between Sept. 28, 2006 and Oct. 6, 2014, you could be eligible for benefits from the BMW class action settlement.

The BMW class action lawsuit alleges BMW of North America failed to inform some customers that they had purchased a sales demo or service demo vehicle whose limited warranty began running before the purchase. The plaintiffs allege they were falsely told that the vehicles would be treated as new and that they would be entitled to BMW’s “Ultimate Warranty,” which was supposed to include no-cost maintenance in repair. According to the BMW class action lawsuit, the purchasers of the demo vehicles were deprived of full warranty coverage.

BMW denies the allegations but agreed to settle the class action lawsuit to avoid the risk and expense of trial. The class action settlement received preliminary approval in October. Under the terms of the proposed BMW class action settlement, Class Members may be eligible to receive reimbursement for past expenses or a warranty extension.

Who’s Eligible

Class Members of the BMW demo vehicle settlement include consumers who, between Sept. 28, 2006 and Oct. 6, 2014, were the initial retail purchasers of a BMW sales demo vehicle or service demo vehicle that was identified in the sales contract as “new” and were not informed that the vehicle was a sales demo or service demo vehicle whose warranty started running prior to purchase.

Potential Award

The BMW class action settlement offers a warranty extension and reimbursement for past expenses to eligible Class Members.

Warranty Extension: A one-time, three-month extension on the remainder of the vehicle warranty’s time period, from 51 to 54 months from the vehicle’s in-service date. The warranty extension benefits will be subject to a 55,000 mile limitation.

Reimbursement for Past Expenses: A 100 percent reimbursement for repair expenses that were within the scope of the BMW New Passenger Limited Vehicle Warranty.

Proof of Purchase

To obtain a warranty extension, Class Members must provide (1) a copy of the dated vehicle sales agreement identifying the vehicle as “new” containing the VIN, and (2) an affirmation by the Class Member that they were not informed the vehicle was a sales demo whose warranty had started running.

To obtain reimbursement for past expenses, a Class Member must provide evidence that he or she (1) was the original purchaser of a BMW vehicle; (2) on or after Sept. 28, 2006 and before Oct. 6, 2014; (3) that was identified in the contract of sale as “new”; (4) was not informed that the vehicle was a sales demo vehicle whose warranty had started running; and (5) paid for warranty repairs within 54 months (and less than 55,000 miles) from the in-service date at the time of repair. Appropriate proof will consist of:

• A copy of the dated vehicle sales agreement identifying the vehicle as “new” containing the VIN;
• An affirmation that the Class Member was not informed that the vehicle was a sales demo whose warranty had started running; and
• Documentation demonstrating the nature of the repair, the cost of the repair, the date of the repair, the VIN, and the vehicle’s mileage at the time of repair.

Sales Claim Form

Service Claim Form

Claim Form Deadline

2/3/2015

Case Name

Saini v. BMW of North America LLC, Case No. 2:12-cv-06105-CCC-MF, in the U.S. District Court for the District of New Jersey

Final Hearing

3/12/2015

Settlement Website

www.SainivBMWSettlement.com

Claims Administrator

Saini v. BMW NA Settlement Administrator
P.O. Box 43330
Providence, RI 02940-3330
1-877-564-2256
administrator@SainivBMWSettlement.com

Class Counsel

Jeffrey R. Krinsk
FINKELSTEIN & KRINSK LLP

Defense Counsel

Rosemary J. Bruno
BUCHANAN INGERSOLL & ROONEY PC