BMW Class Action Settlement Offers Fix for Faulty Convertible Tops

Plaintiffs in a BMW class action lawsuit have finally secured a settlement that should get their allegedly defective convertible tops repaired or replaced.

Counsel for the Class submitted the terms of settlement on Nov. 14 for court approval.

The parties finally settled the three-year-old BMW class action lawsuit after a year of facilitated negotiations, ending in an agreement described by Class counsel as “fair, reasonable, and adequate and in the best interest of the class members.”

The settlement is expected to provide a fix for over 31,000 owners and lessees of BMW 6 Series convertibles from model years 2004 to 2010. The alleged defect prevented the convertible tops on these vehicles from completely opening or closing.

Both repair and replacement costs can run into the thousands of dollars for each affected vehicle. Court filings do not reveal the total dollar value of the settlement, however.

Lead plaintiff Robert Gray initiated the BMW class action lawsuit in 2013, alleging he had bought two different BMW 6 Series convertibles with tops that intermittently failed to fully open or close. Even when the top appeared to function properly, Gray said an error message would appear on the dashboard indicator.

Gray said he spent thousands of dollars on repair attempts that largely failed to fix the problem. Repair costs for the defect were estimated to be as high as $3,000 and replacement costs could reach $5,000.

Joined later by second lead plaintiff Makrum George, Gray’s BMW class action lawsuit largely evaded a motion to dismiss in 2014. U.S. District Judge William J. Martin pared four claims away from the action but let the rest go forward on theories of fraud and violation of California consumer protection laws.

Under terms of the BMW settlement, all affected 6 Series owners can bring their cars to an authorized BMW service center within one year of the effective date of the settlement to receive a software update that resolves the convertible top defect. The update comes with a one-year convertible top warranty.

Class Members will also be entitled to reimbursement for one convertible top replacement or up to two attempts at repair necessitated by the convertible top defect.

As Class Representatives, Gray and George will each receive an incentive award of $3,000. BMW will also cover administration costs, attorneys’ fees for Class Counsel, and the costs of notifying Class Members about the settlement.

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 plaintiff Class is represented by Matthew Mendelsohn of Mazie Slater Katz & Freeman LLC, Dara Tabesh of EcoTech Law Group PC and Payam Shahian of Strategic Legal Practices APC.

The BMW Convertible Top Defect Class Action Lawsuit is 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.

UPDATE: 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 2: The BMW 6 Series Convertible Top Class Action Settlement is now open! Click here to file a claim.