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. Linda Byramjee says:

    I have a 2007, BMW 530XIt. On 8-12-2017 our car broke down with electrical problems brought on by water accumulation in the spare tire compartment while we were out of town. We took the car to the local BMW dealer. The repairs and replacement parts, and having the car transported back home amounted to $4100.00. The car has less than 100,000 miles on it, but BMW is denying any reimbursement because it was put into service in 2006. Our cars are serviced regularly by Classic BMW of Willoughby.

    1. HOWARD G EINHORN says:

      GOOGLE CATALANO V BMW
      Should help

  2. Kimberly Ross says:

    The article states all BMW 5 Series E60 or E61. You have a 550 (DUH) of course it’s included.

  3. Vick says:

    I have an “07” M6 convertible. Recently, while in the possession of Classic BMW of Willoughby Hills, Ohio, my Logic-7 amp was drenched in water. The service advisor had no clue until we dropped the top and found a puddle of water on each side of the trunk wells. The water spilled over onto the electrical components in the trunk which caused the damage. That day we learned that the weep holes on both sides were indeed, clogged. The average owner will never pull the trunk lining to see the damage that is occuring from this poor design.

  4. Diana Ruinsky says:

    I had a 2006 BMW X5 I spent almost $2000 to fix it

    1. Angela Hughes says:

      I have a 2006 BMW X5 almost $2000 to fix as well. Water stands in my car on left passenger front seat floor area from water flowing in

  5. Jerri says:

    I have a 2011 328xi and I had this exact problem but water collected in the passenger foot well and damaged the AWD electronics to the tune of around $2800.00. They said it was due to a clogged sunroof drain and that is ‘normal’ maintenance–although I pointed out that it doesn’t appear anywhere in the manual nor was it ever brought to my attention; especially seeing that I had just had a service performed and the drains were not cleaned at that time. What do we need to do to include other models of BMW to the class-action?

    1. Mia says:

      Did you submit the claim for your car?

    2. Vick says:

      Jerri, if you don’t like getting ripped off follow my lead. After reading these post i’m disgusted. How could such a high end product have these types of design flaws that literally ruin the vehicle? Maybe to create an endless income stream off people who can afford one.

      To the right of the next page there is a section that ask if you may have a class action to bring forward. I’m submitting what i have and wait to hear from counsel. Wish me luck, i hope every owner will do the same.

  6. Richard Gilmore says:

    2005 BMW x5 sunroof and electrical issues. How do I proceed in class action?

  7. Winning Loser says:

    I can’t prove it but I own 65 BMWs, can I get a bunch of free money? Lmao

  8. Shante M says:

    I have an 06 x5 with the same exact problem. Is only the 5 series included in this settlement.

    1. Dee Gee says:

      2010 x5 truck just shuts down, and we have electrical issues as well. They say nothing is wrong with the car every time we take the car to the service department. We have a 4×4 warning that comes on too.

  9. Mack M says:

    What “BMW Dealership” is going to fixing anything for 15 hundred? What a rip-off! SCRATCH BMW’s off my list. Whew! Just plain disgusting.

  10. Richard Forrest says:

    I have a 2007 BMW 550 is this model including.

    1. Kimberly Ross says:

      If you re-read the article ,it states BMW 5 Series E60 or E61. You clearly stated you have a 550! (DUH)

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