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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
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 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
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39 thoughts onBMW 6 Series Convertible Top Defect Class Action Settlement
My 2015 bmw 428i stopped 3/4 way of closing and will not go down ….. what do I do for it to go down
I carried my 2008 650i into global imports of Atlanta for the angle sensor and the software update paid $715 with military discount. Veterans just can win , you serve your county and can’t get a brake. They told me the claim was closed on the convertible top, this claim should never be closed long as 650i are on the road and they are still selling them with this defective top.
I own a 2009 650i , I only learned about the problem a few months ago. I took my car to the BMW service department today and was told that I would have to pay over $700 to get the software upgrade. Can anyone help me with a place to get the updated software online.
I have same issue same year and model. Did you get anywhere?
Yes I carried my 650 i to global imports Atlanta ga today charge me $715 to replace the angle sensor and update software same thing the law suite is saying this should be no charge and the conning part about it they are still selling these 650i, i will take this to my local news to check out
Does this claim extend to Canada? My e-64 has had chronic problems with operation of the convertible top for a few years… and this week it has ceased to function altogether.
Is it too late to file this claim? This happened to my wife car yesterday? It reads convertible top not locked. I can get the top to move up or down. 5-29-2019.
How would you file the claim?