Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A New Jersey federal judge has dismissed four out of seven claims raised in a class action lawsuit accusing BMW of North America LLC of failing to disclose an alleged defect in its 6 series convertibles, but stopped short of dismissing the complaint entirely.
Plaintiffs Robert Gray and Markum George filed the BMW class action lawsuit individually and on behalf of a putative class of people who purchased or leased any 2004-2010 model year BMW E64 (Series Convertible). Gray and George allege that BMW failed to disclose that the series 6 convertible had a known defect that interferes with the proper opening and closing of its convertible top.
After purchasing his vehicle, George alleges in the BMW 6 series class action lawsuit that he noticed the “top not locked” message appeared while he was driving. This prevented him from completely opening or closing the convertible top. BMW repaired the vehicle after performing a series of tests and repairs at a cost of $280. The same problem ensued several months later but BMW allegedly failed to repair because they cannot duplicate the issue.
On Feb. 11, 2010, the “top not locked” light came on again. The dealer allegedly readjusted the convertible sensor, only to come back again on Jan. 21, 2013. George claims in the BMW convertible class action lawsuit that he brought his vehicle to BMW again and paid $559 for the replacement of the convertible sensor. On Feb. 8, 2013, George took his vehicle to BMW because the top was “stuck closed.” The dealer replaced the hydraulic lift at a cost of $2,478.
Gray purchased his first vehicle from a California dealership in January 2010 only to experience several months later that the BMW 6 series convertible top intermittently would not completely open or close. The message would appear even if the top is open or close. He was told that there is a need to replace the entire convertible top for $5,000. He opted for a used equipment for $1,087.50. The repair did not fix the problem, according to the class action lawsuit. Gray bought another vehicle only to experience the same issue. In February 2012, he brought the car for repair and was told that it would cost him $3,000 and might not solve the problem.
In June 2013, Gray sued BMW because of the alleged defects and claimed that BMW knew about the problem in the 2004 to 2010 models but deceived consumers into paying a premium. George was added as a plaintiff to the first amended complaint.
On May 28, U.S. District Judge William J. Martin dismissed the following allegations from the BMW 6 series convertible class action lawsuit: (Count 1) New Jersey Consumer Fraud Act; (Count 3) Breach of Duty of Good Faith and Fair Dealing; (Count 4) Unjust Enrichment; and (Count 7) Song-Beverly Act.
The following allegations were not tossed: (Count 2) Common Law Fraud; (Count 5) Violation of California’s Consumer Legal remedies Act; and (Count 6) Violation of California’s Unfair Competition Law.
Judge Martin denied the dismissal for three allegations including common law fraud and violations of California’s Legal Remedies Act and Unfair Competition Law. BMW’s request to bar the lawsuit from proceeding as a class action was also tossed.
The BMW Convertible Top Defect Class Action Lawsuit is Gray, et al. v. BMW of North America LLC, et al., Case No. 13-cv-03417, in the U.S. District Court for the District of New Jersey.
UPDATE: On Nov. 14, 2016, plaintiffs in a BMW class action lawsuit finally secured a settlement that should get their allegedly defective convertible tops repaired or replaced.
UPDATE 2: On Feb. 17, 2017, the court granted preliminary approval to the BMW 6 Series convertible top class action settlement. Top Class Actions will provide claim filing instructions as soon as they are available.
UPDATE 3: The BMW 6 Series Convertible Top Class Action Settlement is now open! Click here to file a claim.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
13 thoughts onBMW Convertible Top Defect Class Action Lawsuit Gets Trimmed
I purchased a 2018 BMW440i in October 2021 from BMW of San Rafael CA (this was a returned leased car and have put on 5000 miles since purchased).
Back in December the passenger rear window, convertible top and navigation system stopped working.
I brought the car immediately into BMW who knew of this problem as they have seen this before. The back area where the electrical components fill up with water which affects the functions listed above. The fix was removing drain plugs/filters which clog up that fills this area with water affecting the electrical components that work the hard top convertible, rear windows and navigation.
I had to bring the car back in January as the problem started again. I was told to fix the problem those components rusted over and need to be replaced. The cost for repairs would be in the $4500 range to replace these components.
This is an obvious defect in this design and should be covered by BMW.
I spoke with their North American customer service person who said after a week this is my cost and not covered under warranty.
I am curious if there have been other complaints about this as BMW should stand behind their vehicles in this situation.
UPDATE 3: The BMW 6 Series Convertible Top Class Action Settlement is now open! Click here to file a claim.
UPDATE: On February 17, 2017, the court granted preliminary approval to the BMW 6 Series convertible top class action settlement. Top Class Actions will provide claim filing instructions as soon as they are available.
How do I get involved with the class action suit ?
UPDATE: On Nov. 14, 2016, plaintiffs in a BMW class action lawsuit finally secured a settlement that should get their allegedly defective convertible tops repaired or replaced.
How do I get involved with the class action suit ? my top is linking liking crazy help
Good news on this case! The plaintiffs are scheduled to file a motion for preliminary approval of a class settlement at the end of this month! Please keep checking Top Class Actions for updates. We are following the case and will let our viewers know as soon as settlement information is available!
We have a great FREE account feature on our website for viewers. Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I have same problem with my 2008 650 I convertible, please keep me informed/Thank You!
I have the same problem with my 2008 650i BMW convertible. Am interested in joining class action.
who do I contact to join this class action suit against BMW 650 default convertible tops ?
My 650i is in the shop now because of the convertible top. It has been in for several top issues including the sensors. I like the car but I’m considering unloading it! It has only 38,000 miles on it and it’s a 2009. How do I get involved with the class action suit ?
pS My audio went out on my amplifier and my navigation also went out I think due to rain they fix the navigation system but I won’t fix the audio.
I have a convertible 650 with 57000 miles and I’m having the exact same problem. One time my windows stay down for a week with that signal on top not locked. then one day it just went off and everything started working again.it still does it from time to time.please contact me and let me know your experience or if there’s anything that I might be able to do to rectify the situation.