BMW Drivers Seek Fee Approval in Faulty Lock Class Action Settlement

Owners of BMW X5 vehicles have asked a California federal judge for approval of both attorneys’ fees and a Class representative payment in a pending BMW class action settlement.

The BMW class action settlement would resolve claims that certain vehicles have faulty locking mechanisms. Owners of 2008-2015 X5 vehicles are expected to receive up to $650 from this BMW class action settlement.

On Feb. 8, 2019, plaintiff Kieva Myers asked the court to approve $692,000 in attorneys’ fees for her counsel. The amount was reportedly agreed upon between Myers and BMW during “arm’s length” fee negotiations.

According to the BMW class action lawsuit, the comfort access system in model years 2008 through 2015 X5 cars is defective which can lead to unintentional locking with keys and children inside the vehicle.

The BMW class action lawsuit has been hotly contested and was initially halted by a 2016 decision by U.S. District Court Judge William Orrick to dismiss the suit with leave to amend.

Despite these setbacks, a settlement has been reached which will benefit BMW drivers and help both parties avoid further costs associated with continuing the aggressive litigation.

“Although the issue of whether the comfort access defect (claimed to exist by plaintiff) constitutes a safety defect has been hotly disputed, defendant has notified consumers of this problem and has agreed to pay for costs associated with consumers being locked out of their vehicles,” Myers wrote in a recent motion.

The BMW settlement to resolve Myers’ class action claims was originally proposed in February 2018. The proposed settlement Class would include anyone who leased or owned a BMW X5 vehicle produced between Oct. 1, 2006 and June 30, 2013 outfitted with the comfort access system.

An estimated 219,233 current and former vehicle owners are included in this Class.

Under the settlement, BMW has proposed to pay up to $650 per class vehicle. This payment includes up to $150 for “non-emergency” costs and up to $500 for “emergency” costs associated with the defect.

Non-emergency costs may include services such as a locksmith. Emergency costs may include fixing a broken window or other damage to the vehicle which may have resulted from freeing a child or animal stuck inside the car.

Recently, Myers motioned for certification of the settlement Class and approval of litigation fees.

“Unlike in common-fund settlements, where defendants aim to minimize the total amount of the fund and have little concern how that fund is allocated between the class and their counsel, the Defendant in this case had a keen interest in negotiating the smallest attorney fees it would have to pay,” Myers wrote in her motion.

“Defendant had already committed to provide certain relief to class members, and the fee it agreed to pay to Plaintiff’s counsel would only increase its total outlay.”

Myers also seeks approval for a $5,000 representative award for her services as lead plaintiff.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The BMW owners are represented by Robert L. Starr of The Law Office of Robert L. Starr APC and Stephen M. Harris of The Law Office of Stephen M. Harris APC.

The BMW Defective Lock Class Action Lawsuit is Myers v. BMW North America, et al., Case No. 3:16-­cv-­00412, in the U.S. District Court for the Northern District of California.

UPDATE: February 2019, the BMW key fob locking defect class action settlement. Click here to file a claim.