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This settlement is closed!
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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 BMW lost all power I got repairs done twice they only lasted for about aweek until my car finally lost power whole car went blank got the altenator fixed a maybe a few days later car lost power on freeway now no car. TOTALLED OUT .THAT HAD TO BE AN ELECTRICAL MALFUCTION. PLEASE HELP!S,GOFF
Dear Claimants,
I received my reimbursement check in the mail last week. Now i need to show the service department that this was not a joke. For obvious reasons they played baffled about the claim and class action. Now i need to see if they will update the software as ordered. I hope we have all learned from this ordeal and it doesn’t detract from the hours of fun you should have in this car in the sun.
Go Cavs!!!
How would you file the claim?
Has anyone received an update on claims?
I just bought a 2008 650i and it’s also having this problem. Will the software update fix this mess? I’m just finding out about this… please help hope I’m still covered!!
I too just bought a 2007 650i and having the same problem. Is it too late??
I just purchased a 2007 M6 convertible top will not go up or down and says top not locked purchased in the winter and the top did go down and up , will I have too pay the 700 for the soft ware up date. I know the suite is there any thing can be done
Do taxes have to be paid to IRS for checks once received?
when are checks going out? been waiting forever anyone know when ? or any clue ?
I received my reimbursement check in the mail last week. Now i need to show the service department that this was not a joke. For obvious reasons they played baffled about the claim and class action. Now i need to see if they will update the software as ordered. I hope we have all learned from this ordeal and it doesn’t detract from the hours of fun you should have in this car in the sun.
calling local BMW dealer is waste of time as my dealer has no idea even about the law suit. I like to know if claim is even accepted and one be getting a check at one point.
when do checks go out and service available
No word on how quickly checks will be mailed, or the upgrade will be available at BMW dealerships. Top Class Actions will let our viewers know as soon as we learn that checks are in the mail.
I have also experienced the same confusion. It makes me wonder if the “dealership” is following the advice of BMW of North America, not to give customers anything until all appeals have been exhausted. This is a common tactic used by big business in situations like this. Once the judge hears and rules on all appeals finding no merit, it’s a wash. I’ll keep checking for updates before i get update and service refunds.
No one seems to know anything about the software upgrade. BMW dealerships are clueless!!!
I received approval to obtain the software upgrade and made the appointment with the local BMW service center. Upon arrival at the service center, even with the telephone conversation regarding the upgrade at the time I made the appointment, no one knew anything about the settlement and the upgrade was not provided even with the letter authorizing the upgrade. Due to time difference (eastern and pacific) I have not been able to contact the administrator regarding this issue. I am confused as to why all BMW service centers were not made aware of this issue and the settlement that was made.
What is the status of this appeal? And when will we be reimbursed?