BMW class action claims some vehicles allow water to enter through antenna

BMW antenna class action overview: 

• Who: BMW owner Tim Craft has filed a class action lawsuit against the automaker.
• Why: Craft claims a number of BMW vehicles have a defect that allows water to enter through the roof, causing dangerous problems.
• Where: The BMW antenna class action lawsuit was filed in a New Jersey federal court.

BMW has been slammed with a class action lawsuit claiming that a range of its vehicles contain a defect that allows water to enter through the roof antenna and corrode interior electrical components.

Plaintiff Tim Craft filed the class action lawsuit against BMW of North America LLC and Bayerische Motoren Werke Aktiengesellschaft on June 7 in a New Jersey federal court, alleging violations of state and federal consumer laws. 

His class action lawsuit alleges a serious defect in model year 2017-2023 BMW M440i, M550i, X1, X3, X4, X5, X6, and X7, 330, 340i, and 750i vehicles.

Craft says the vehicles contain defective sealing that causes water infiltration through the roof-mounted shark fin antenna of the cars, causing water to enter and cause corrosion. He’s looking to represent anyone in California who bought or leased one of the BMW vehicles named in his lawsuit.

Multiple issues after heavy rainstorm

Craft says that last year he bought a pre-owned 2019 X5 xDrive 40i from BMW of San Diego.

In March this year, after a heavy rainstorm, Craft says he began to notice multiple malfunctions in his car. First, his vehicle displayed a warning stating that the emergency call system was malfunctioning. Second, the GPS navigation system incorrectly pinned his location, preventing him from using the GPS system as intended. 

Third, the hands-free phone microphone was not functioning. And finally, Craft experienced issues with the BMW Comfort Access system, which allows drivers to unlock the vehicle without a key.

Craft also noticed that the vehicle would intermittently crank but not start. All of these issues worsened over time, he says. 

On May 14, Craft says he brought his vehicle to an authorized BMW dealership, which found water in the telematics control module and recommended replacement, but also informed him the necessary repairs weren’t covered under warranty. Ultimately, Craft paid $92 for the necessary repairs because he needed a safe and working vehicle, he says.

Defect endangers drivers, lawsuit says

The defect affects many other drivers who are put at risk by the potential failure of vital safety equipment if the vehicles are left in the rain, the lawsuit says.

He says BMW actively concealed the fact that the vehicles had a defect, and could require costly repairs. 

“Despite notice and knowledge of the Defect from the numerous complaints they have received… defendants have not recalled and/or offered an adequate repair to the Class Vehicles,” the lawsuit states.

As a result, Craft is suing for violations of California consumer laws, breach of warranty and unjust enrichment. He’s seeking certification of the class action, damages, fees, costs and a jury trial. 

In February, BMW issued a recall for nearly 80,000 vehicles over concerns the vehicles’ integrated braking system could malfunction, leading to braking issues and increasing the risk of a crash. The recall affects BMW and Rolls-Royce vehicle owners nationwide. 

The plaintiff is represented by Joseph G. Sauder, Matthew D. Schelkopf and Joseph B. Kenney of Sauder Schelkopf LLC

The BMW Antenna Class Action Lawsuit is Craft v. BMW of North America LLC, Case No. 1:24-cv-06826 in the U.S. District Court for the District of New Jersey. 

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