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.
BMW Cup Holder Defect Class Action Lawsuit Overview
- Why: The plaintiff alleges that a cup holder defect allows liquid to leak onto wires for airbag control, which then renders the airbags defective.
- Who: A California company filed a class action lawsuit against BMW of North America, LLC.
- Where: The class action lawsuit was filed in California federal court.
A California company is suing BMW for failing to warn customers about and refund them for allegedly leaky cup holders. The defective cup holders leak spilled liquid onto wires for the SRS (airbag) control module, which is housed underneath the cup holders. The airbags then become defective and may even deploy.
The lead plaintiff is Brightk Consulting Inc., who bought a new 2020 BMW X7M501 in December 2019. The plaintiff brought the vehicle to two authorized dealers for repair on two occasions in 2021. The dealers did not repair the defect in those two visits nor has BMW provided any remedies to the plaintiff, according to the complaint. The plaintiff claims their vehicle continues to experience problems.
The plaintiff seeks to represent a California class and a national class that includes all individuals and entities who bought or leased, or will purchase or lease, a subject vehicle, on or after the date BMW placed the class vehicles into the stream of commerce. Anyone seeking damages for personal injuries or property damage resulting from the cup holder defect is excluded from this class action.
The complaint brings claims of fraud and deceit, breach of warranty and negligence, among others.
BMW Knew About Risky Defect, Complaint Says
BMW has “long been aware” of the cup holder defect that places drivers, occupants and others on the road at “increased risk of accident, injury or death,” according to the complaint. The complaint claims that prerelease testing data, durability testing, aggregate data from BMW dealers and other internal BMW sources point to the company’s knowledge of the defect.
Numerous customer complaints about the cup holder defect were also allegedly posted on BMW-enthusiast websites and owner message boards and filed with the National Highway Traffic Safety Administration and BMW NA’s Customer Relation and Services Department.
BMW regularly monitors these complaint streams, but “consciously disregarded the rights and safety” of its customers and the general public and “routinely refused to properly repair” the affected vehicles, the complaint says.
The class action seeks compensatory and punitive damages, an order directing BMW to cease its alleged behavior in the complaint and a program to provide refunds, repairs and/or restitution to the class.
Do you own a BMW with a leaky cup holder? What has your experience been like? Tell us about it below!
The plaintiff is represented by Hovanes Margarian of The Margarian Law Firm.
The BMW Cup Holder Defect Class Action Lawsuit is Brightk Consulting Inc. v. BMW of North America, LLC, et al., Case No. 8:21-cv-02063, in the US District Court for the Central District of California.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
- GM Engine Defect Causes ‘Improperly High’ Oil Use, Says Class Action Lawsuit
- Dodge, Jeep Transmission Defect Hidden From Drivers, Says Class Action
- Auto Recalls: Jaguars, Land Rovers, Jeep Wranglers, Subaru Recalled, Study Finds Some Chevy Bolt Owners Risking Battery Fire
- There are a lot more auto recalls than there used to be. Here’s why.
35 thoughts onClass Action Claims Leaky BMW Cup Holders Damage Airbags
Same issue: 2019 X5. Coffee leaked (maybe 1-2 ounces) entirely inside the plastic cup holder. Cleaned up immediately. Months later the Passenger Restraint system light came on and system malfunctioned. Technician determined liquid leaked onto Airbag Control Module, rendering it broken. Warranty would not cover ans $2000 +tax repair bill.
I just bought 2004 bmw, my airbag light on idrive been on for months now
ADD ME! Just got back from Dealership. Bought my X7 Friday night, May 13th. Daughter spilled some of her drink in the cupholder. 2 hours later, my restraint system light came on and said my airbags were off. Dealer service department told me it will be over $2200 to fix and that the small spill caused damage to the entire ACSM- causing me to have to get a new one. Neither front seatbelt will restrain in the event of a crash, nor will airbags deploy. This is absolutely ridiculous- we are paying for their horrible placement or protection of very important electrical systems.
Similar issue happened with me in my 2019 X5 this week. A small amount of soda leaked into the cup holder and triggered the electronic parking brake to malfunction and the vehicle would not go into gear. Had to tow to the dealership and they said it was not covered under the factory warranty. Bill was over $4k Please add me!
Add me BMW 2020 X5
add me i have had problems also with the cup holders and airbags so pls add me
Have the same issue. Purchased our X7 February 5th. Rear restraint message came on march 5th. BMW won’t acknowledge the issue and claims it’s a faulty airbag. We will see as they are waiting on the part. Told me the vehicle is safe to drive in text. Would like to be added.
my x5 is in the shop with the same problem right now. coke spilled when i hit a bump and the air bag system immediately directed me to go to bmw not drive car. it is with bmw sarasota and we will see what they say. im driving a loaner for the moment. this is my 4th x5 and problems are rare, but this defect is a serious defect. whi doesnt spill from time to time. the module is placement is directly beneath the cup holder without any waterproofing protection. You would think this could easily be remedied. What a place to store sensitive module
Same issue with my 2020 BMW X7
Pls add me have 2 BMW