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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
I made my appointment to have the software on my 2007 650i upgraded. This was to fix the issue with the top not closing. I had to leave it for a day. Not a problem.
The invoice read: programmed vehicle and adjusted the tensioning bow angle of the rotation sensor. They then tested the top and it failed several times. Readjusted the tensioning bow angle of rotation raw data is incorrect. Adjusted the tensioning bow angle of rotation sensor. Current raw data @ segment 1 is “52” and segment 6 is “126”. Operated multiple times and noted proper function/ Parked vehicle outside in direct sunlight to heat up the top and interior. After several hours outside I operated the top several more times and noted proper function. Two days later the top failed. I called and we are in the process of seeing if it is going to fail again. I have 12 months warranty on this issue I was told in a separate email from the dealer.
So bummed! I was unaware of this lawsuit until today and have been having non-stop issues with the convertible top on my 2008 M6. Is it too late to file a complaint or be included in this?
Unfortunately, the claim deadline was 6/19/17. You can try contacting class counsel to inquire about a late claim. Counsel is listed in the article and can be Googled for contact information. Good luck!
I have received my notice to have the software updated.
They have to wait for the appeal period to pass before money can be distributed — the appeal period ends on Sept 25 — no appeal has been filed yet, but they are expecting one…
When are checks being mailed out?
It could potentially be several more months before claims are paid. There is a 30 day period after final approval in which appeals can be filed. This period must expire with no appeals filed. It could potentially take the settlement administrator several months to review and process claims. We will keep our TCA viewers updated!
when are checks being mailed. We want to know. We get no feedback , cant get nothing from these administrators . As long as lawyers are paid and admin paid . The people who suffered get nothing but the runaround.
how many days until the effective date? 30 days? then we will be paid?
I filed for a claim regarding the BMW 6 series top and I have not received any update. My top has faulted again and I would like to know if the class action is going be able to cover the cost to fix.
FAQ #9 on the settlement website details what the settlement covers: https://eclaim.kccllc.net/caclaimforms/bwg/Faqs.aspx#q9. You can contact the settlement administrator or class counsel with any questions about the second repair needed to your top. Good luck!
Disregard previous post. Website says final hearing scheduled for August 15, 2017 at 10:00 a.m.
I’ve completed 2 claims before the June 19th deadline but have not received any word on the court decision. Any advice on how to proceed?
Was a final decision ever made on the BMW 600 series convertible class action?