BMW 6 Series Convertible Top Defect Class Action Lawsuit

A California resident has filed a class action lawsuit against BMW of North America LLC claiming that its 6 Series convertibles have defective tops that jam, causing them to not fully open or close.

Lead plaintiff Robert Gray alleges in the class action lawsuit that he’s purchased two different models of BMW E64 convertibles and both vehicles exhibited the convertible top defect. Gray says that within months of purchasing the vehicles, the tops would intermittently fail to completely open or close, and that even when the top appeared to be completely opened or closed, the top operation light would flash and the “top not locked” message would appear. When this happened, Gray would be unable to open the trunk.

“The Convertible Top Defect, which can cost up to $5,000 to repair or replace, is not simply an economic or aesthetic concern: it is also a serious safety hazard,” Gray says in the class action lawsuit.

Even BMW’s own Owner’s Manual for the vehicles states that driving without having the convertible top completely open or closed “can lead to damage or injury,” the class action lawsuit says.

Gray says BMW knew or should have known about the BMW convertible top defect but actively concealed this safety defect and failed to disclose it to consumers at the time of purchase or lease. If consumers had known about the defect, they would not have purchased or leased the vehicles, the class action lawsuit says.

The class action lawsuit points to several Technical Service Bulletins advising dealers that customers may complain about the convertible tops not fully opening or closing, but only suggested two “corrections” for the defect that Gray says are only “temporary fixes.”

The class action lawsuit is brought on behalf of a proposed class of all current and former owners and lessees of any 2004-2010 model year BMW E64 (6 Series Convertible) vehicles. It is seeking damages, including treble and punitive damages; injunctive relief and more for claims of fraud, unjust enrichment and violations of California law.

The BMW E64 Convertible Top Defect Class Action Lawsuit case is Gray v. BMW of North America LLC, Case No. 13-cv-03417, in the U.S. District Court for the District of New Jersey.

Gray is represented by Matthew R. Mendelsohn of Mazie Slater Katz & Freeman LLC.

UPDATE: On May 28, 2014, a federal judge trimmed the majority of claims from the BMW E64 Convertible class action lawsuit, but refused to dismiss it entirely.

UPDATE 2: On Nov. 14, 2016, plaintiffs in a BMW class action lawsuit have finally secured a settlement that should get their allegedly defective convertible tops repaired or replaced.

UPDATE 3: On Feb. 17, 2017, the court granted preliminary approval to the BMW 6 Series convertible top class action settlement.  Top Class Actions will provide claim filing instructions as soon as they are available.

UPDATE 4: The BMW 6 Series Convertible Top Class Action Settlement is now open! Click here to file a claim.