BMW 6 Series Convertible Top Defect Class Action Settlement

Owners and lessors of BMW convertibles with defective convertible tops can now benefit from a recent BMW class action settlement.

This settlement addresses problems reported with the convertible tops on certain BMW 6 Series convertibles, also known as E64 models, from model years 2004 to 2010. Various reports say these tops are prone to getting stuck or that they fail to completely open or close. The top operation indicator light may flash at inappropriate times, or an erroneous “top not locked” message may appear, sometimes causing an alarm to sound.

Plaintiff Robert Gray started this BMW class action lawsuit in 2013. Gray said he dealt with the alleged convertible top defect in two different BMW 6 Series convertibles that he owned.

Within months of his purchase of each vehicle, Gray claimed, their tops would intermittently fail to completely open or close. At other times, the tops would appear to function properly, but the dashboard indicator would show a “top not locked” message. Gray was later joined by BMW owner Markum George as co-plaintiff.

The parties reached the current BMW class action settlement in February of this year, after engaging in extensive negotiations with the assistance of a mediator. Under terms of the settlement, BMW will offer qualifying Class Members a software upgrade designed to fix the alleged convertible top defect. Class Members who previously paid out-of-pocket for repair or replacement attempts may qualify for reimbursement.

BMW does not admit any fault under the settlement, and the court has made no determination as to liability.

Who’s Eligible

Class Members include all persons in the U.S., the District of Columbia or Puerto Rico who are current or previous owners or lessors of a U.S.-specification BMW 6 Series convertible from model years 2004 to 2010.

Potential Award

Varies.

Class Members can qualify for software upgrades and reimbursement for repair and replacement costs.

BMW will provide Class Members with a software upgrade that addresses the alleged convertible top defect. The upgrade is provided free of charge. Class Members must make an appointment with an authorized BMW center and bring their vehicle in to have the upgrade installed.

Class Members who previously incurred out-of-pocket expenses related to the alleged convertible top defect may qualify for reimbursement of the costs of up to two repair attempts or one replacement attempt. The repair or replacement attempts need not have been performed by an authorized BMW center.

Proof of Purchase

Class Members must submit a Claim Form along with documentation of their affected vehicle’s VIN number, a dated repair invoice documenting any repair attempt in detail, and proof of payment for those repairs.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

6/19/2017

Case Name

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

Final Hearing

8/15/2017  UPDATED

UPDATE: The BMW 6 Series Convertible Top Defect settlement was granted final approval on August 24, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: On September 25, 2017, an appeal to the BMW 6 Services Convertible settlement was filed.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 3: On November 14, 2017, the appeal to the BMW 6 Services Convertible class action settlement was dismissed.  It is not known at this time how quickly claims will be paid, or how quickly the update will be available at BMW dealerships.

Settlement Website

www.ConvertibleTopSettlement.com

Claims Administrator

Gray v. BMW of North America Notice Administrator
c/o Kurtzman Carson Consultants
P.O. Box 43450
Providence RI 02940-3450
1-888-548-5514

Class Counsel

Matthew R. Mendelsohn
MAZIE SLATER KATZ & FREEMAN LLC

Payam Shahian
STRATEGIC LEGAL PRACTICES APC

Defense Counsel

Rosemary J. Bruno
Christopher J. Dalton
BUCHANAN INGERSOLL & ROONEY PC