BMW Wins Dismissal of Remote Locking Feature Class Action

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In a win for the automaker, BMW’s bid to dismiss a class action lawsuit alleging a defective remote auto-lock feature causes cars to lock spontaneously has been granted.

U.S. District Court Judge William Orrick approved the motion to dismiss but left the order open to BMW drivers to amend the complaint.

BMW filed to dismiss the case in August, arguing plaintiff Kieva Myers’ claims are defective in that she fails to show reliance and can not do so because BMW never promised her vehicle was lockout-proof.

“[D]espite the opposition’s and [first amended complaint’s] singular focus, plaintiff fails to allege or even argue that she read, relied, or was even aware of this owner’s manual statement pre-purchase,” the company said. “Plaintiff bases this suit on an alleged misrepresentation that she never read, saw, or knew about before purchase.”

Myers followed with her own motion opposing BMW’s attempt to dismiss the remote locking class action lawsuit, claiming she provided adequate arguments for violation of consumer protection laws.

But Judge Orrick sided with BMW and in his Sept. 21 ruling, provided recommendations to the plaintiff in amending the complaint, saying that Myers sufficiently pled hazard and duty to disclose claims.

Myers’ young child was reportedly trapped inside her BMV vehicle as an alleged result of the defective remote locking feature when her purse and keys were inside the car.

However, the judge noted that the complaint lacked sufficient arguments for privity and misrepresentation between Myers and BMW.

“There are many different ways of alleging that. So far I don’t think this case gets there. There aren’t allegations Ms. Myers talked with BMW representatives,” the judge said. “No actual concealment is alleged. There were no affirmative acts that I saw, just the nondisclosure.”

Myers filed the BMW remote locking class action lawsuit in January, alleging the doors on her BMX X5 can lock or fail to lock unintentionally, leaving people trapped inside the SUVs.

She says the SUV came equipped with the Comfort Access System that allegedly allows the doors to lock or unlock when the remote is near the SUV.

However, the feature should be deactivated if the keys are inside the X5. According to Myers, her young child was locked inside the SUV with the keys and the only choice was to break the window.

Saying the doors can spontaneously lock in all 2008-2015 X5 SUVs, the lawsuit says an obvious defect exists to allow the locks to activate with the keys inside.

The lawsuit cites complaints from owners of BMW X5 SUVs regarding the remote locking feature and how the feature didn’t work well for them or their children.

Myers says BMW told her there must have been a malfunction of the locking system or the remote transmitter must have been activated by mistake. Furthermore, the lawsuit claims BMW said in an email, “…it is not impossible to lock a key in the vehicle- and to do so is not necessarily indicative of a malfunction.”

The door lock lawsuit alleges BMW concealed the defect from consumers and placed the expense of repairs on owners.

Additionally, the plaintiff says the SUVs aren’t worth what they should be because of the alleged lock defect.

Myer’s counsel, attorney Stephen Harris told the court Wednesday “I understand where you’re coming from on actual reliance,” and related he held evidence to demonstrate Myers relied on information from BMW when making the decision to purchase the vehicle.

Harris indicated that the amended complaint would include violations of the Song-Beverly Act in its implied warranty claims.

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

UPDATE: On Feb. 8, 2019, 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.

UPDATE 2: February 2019, the BMW key fob locking defect class action settlement. Click here to file a claim.