Anne Bucher  |  May 11, 2017

Category: Closed Class Actions

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This settlement is closed!

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A settlement has been reached in a class action lawsuit alleging BMW of North America LLC and Bayerische Motoren Werke Aktiengesellschaft (BMW AG) manufactured and sold certain BMW 5 Series vehicles with a defect that allowed water to enter the vehicle and cause damage to certain electronic components stored in the spare tire well.

If you are a current or former owner or lessee of a 2004 to 2010 BMW 5 Series E60 or E61 vehicle, you may be entitled to benefits from the BMW class action settlement.

Plaintiffs George Catalano, Eric Anderson and others filed class action lawsuits against the BMW defendants, claiming the affected vehicles contain a defect that allows a means of water ingress into the vehicles. They allege the water ingress may be caused by clogged sunroof drainage tubes or some other means.

The plaintiffs assert that the vehicles are designed in such a way that vital electrical components are housed in the lowest part of the vehicle and contained in materials that do not prevent moisture intrusion. According to the BMW class action lawsuit, these electrical components are essential to the safe and effective operation of the vehicle. When damaged, they can reportedly cause vehicles to lose power while in operation, experience electrical malfunction and/or fail to start.

The BMW defendants deny the allegations and stand by their vehicles. However, they have agreed to settle the BMW water damage class action lawsuits to avoid the burden and expense of ongoing litigation.

If approved, this BMW settlement would resolve two class action lawsuits. The first is titled Catalano v. BMW of North America LLC and the second is titled Sharma v. BMW of North America LLC. Both BMW class action lawsuits are being handled in the U.S. District Court for the Northern District of California.

The BMW class action settlement was preliminarily approved by a California federal judge on Feb. 28, 2017.

Class Members who would like to exclude themselves from or object to the BMW leaky sunroof settlement must do so no later than May 29, 2017.

Who’s Eligible

Class Members of the BMW settlement include all persons and entities in the United States and Puerto Rico who currently own or lease (or who previously owned or leased) a model year 2004 to 2010 U.S. specification BMW 5 Series (E60 and E61) vehicle purchased or leased in the United States or Puerto Rico.

Potential Award

Class Members are entitled to receive either:

  • Free inspection, relocation and repair or replacement of the affected electronic components, or
  • Reimbursement of up to $1,500 for previously incurred out-of-pocket expenses for the relocation, repair or replacement of the affected components (reimbursement is only available if the vehicle repair occurred within 10 years of service).

The electronic components covered by the BMW class action settlement include modules located in the spare tire well of the vehicle’s trunk (the RDC, PDC, MPM, TCU, LOGIC-7 and SDARS modules).

NOTE: To be eligible for benefits from the BMW class action settlement, the inspection, relocation, repair and/or replacement must be made on vehicles that have been in service for less than 120,000 miles.

Proof of Purchase

Class Members who are seeking inspection, relocation, repair and/or replacement of the electronic components can make an appointment to receive these services free of charge once the BMW class action settlement has been approved.

Class Members who are asking for reimbursement of out-of-pocket expenses must provide documentation that identifies the VIN, a repair order or invoice describing the repairs, and proof of payment for the repairs. Review the Claim Form carefully before submitting it to make sure you provide all required documentation.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

6/28/2017

NOTE: If you are seeking inspection, relocation, repair and/or replacement of the electronic components, you must bring your vehicle to a BMW center within one year after the BMW class action settlement is approved.

Case Name

Catalano v. BMW of North America LLC, et al., Case No. 1:15-cv-04889, in the U.S. District Court for the Northern District of California and Sharma v. BMW of North America LLC, Case No. 3:13-cv-02274-MMC, in the U.S. District Court for the Northern District of California

Final Hearing

7/28/2017

UPDATE: The BMW Electronic Component Water Damage settlement was granted final approval on July 28, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Claims Administrator

Catalano Settlement
KCC
P.O. Box 43470
Providence, RI 02940-3470
1-844-531-5014

Class Counsel

William A. Kershaw
Ian J. Barlow
KERSHAW COOK & TALLEY PC

Edward A. Wallace
WEXLER WALLACE LLP

Robert L. Starr
THE LAW OFFICES OF ROBERT L. STARR

Stephen M. Harris
THE LAW OFFICES OF STEPHEN M. HARRIS PC

Defense Counsel

Christopher J. Dalton
BUCHANAN INGERSOLL & ROONEY PC

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27 thoughts onBMW Electronic Component Water Damage Class Action Settlement

  1. Larisa Covington says:

    Woke up this morning with my battery component filled with water BMW 2015 X3 so they had a lawsuit for that but my year doesn’t cover what can I do

    1. Michelle George says:

      I have a 2016 x3, under 100k miles. Took my car into dealer as trunk was not shutting properly. They told me the sunroof is leaking, and trunk has several inches of water. Repair bill is estimated to be $6,000.00!!!! Please help? Any advice?

  2. Peter Ochabauer says:

    Can I still file a claim?

  3. Ashamed to own a BMW says:

    I have a 2013 X5 xdrive 35i. I just paid over $2200 for this issue. Less than six months later. I have to bring it to the shop for the same exact problem. I’m refusing to pay a dime! They’ve known of this issue for years now, and the keep designing the vehicle with this fault.

  4. G Sheaffer says:

    I have been out of the country for several years and had no idea that this class action was going on. My car was in storage and I had actually spilled some water in my trunk and my Light has been on my dash in my car is a 2008 bmw 528i even though my tire pressure is fine. is there any hope for me to get assistance for this

  5. Edmond Sokol says:

    I have a 2011 X5 that had the same problem…the drain failed and water got under passenger seat… and the car has been in the shop for over 3 WEEKS…bill has grown to over $5000 and it’s still not finished. %#^@&

    All of a sudden I was driving down the road and every warning light went off…then all my instruments failed…then came back as I drove a few seconds…then back off and on until I got it home…thankfully only a few blocks.

    1. Shawn Hyde says:

      Same issue, I also have a BMW X5 2011 xDrive50i (e70) and it leaked into the back electrical. BMW NA refuses to help and the dealer wants $4300 for the repairs. This is just insane that a luxury vehicle like this has these poor quality problems.

      This is unacceptable.

      I will be fixing the issue and selling it, never going to purchase a BMW again.

  6. GREGORY ROBERTSON says:

    The BMW dealership is not honoring the class action!! I have been to 2 different Dealers and they play the same game of not knowing of a class action.. Then BMW acknowledge and tell you, you’re car don’t qualify even though it doe’s. So my experience with trying to get the class action service has been a door slam in the face!! IF BMW is doing this to me, they are doing this to many others. Their approach is well rehearsed. So by not receiving any honoring of this class action, WHO are we to rely on to make BMW ACCOUNTABLE FOR THIS CLASS ACTION!!!!!!!

  7. Geniece says:

    I have an 02 x5 that has the same issue

  8. BMW owner says:

    Took my ’08 550i to East Bay BMW for the court ordered repairs per the service bulletin. Part of the required word was not done although the mechanic signed off on the completion.

    1. Top Class Actions says:

      You can contact class counsel with your concerns about the settlement agreement being honored properly. Counsel is listed in the article and can be Googled for contact information.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.