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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.
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35 thoughts onClass Action Claims Leaky BMW Cup Holders Damage Airbags
2019 BMW X5 – I always keep water in my cup, hit a pothole and some water spilled in cup holder, which was wiped up immediately. Parked and then the car would not start or move into any gear. Had to tow to BMW. They stated it’s a water issue and voided my warranty. $1600 out of pocket and 5 days without a car since they did not have the parts in stock. Please add me!
Spilled coffee and X7 froze. Facing a $2500 bill.
My airbag warning sign is always on and the cup holders in the front always leak because of how they are made
I bought a used 2021 X5 2 months ago, after 2 weeks I got the now dreaded restraint system control warning. Two “software updates” later and a third trip to the dealership I was told that the airbag module and wiring harness are corroded and need to be replaced. They wanted $3,800 for the repair. I bought the vehicle “certified used” so the dealership is paying for the repair, but my car has been at the dealership for over 2 weeks because the parts are supposedly on back order, no loaner vehicles are available, and after reading the forums, it looks like this will likely happen again. I’m ready to trade it in elsewhere, or have the dealership buy it back.
I have an X3 2005…takes 2 quarts of oil every other week…dealer says no leaks??? Huh? Dummy lights says differently…multiple issues with no help or whatever from BMW dealership, of course! Help! ADD ME Please
My vehicle wouldn’t come out of park (less than a year old brand new 2022 x3) all of a sudden. Had to be towed. I’m looking at at least 1k in repairs for “liquid damage” voiding the warranty
Same exact thing happened to us on 9/2/2022. Liquid has NEVER been spilled in our 2019 X3 M40i, which is under an extended warranty.
BMW still has our vehicle and wants $2300 for repairs!
We will be joining the Class-Action Lawsuit.
Add me please
Add me BMW 2020 X5, Dealer is charging me 2500 $
I’m going through it RIGHT now. They’re saying it’s my fault and trying to charge me $2500 for it. 2022 X6. I’ve had it for only 9 months.
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.