BMW Convertible Top Defect Class Action Lawsuit Gets Trimmed

A New Jersey federal judge has dismissed four out of seven claims raised in a class action lawsuit accusing BMW of North America LLC of failing to disclose an alleged defect in its 6 series convertibles, but stopped short of dismissing the complaint entirely.

Plaintiffs Robert Gray and Markum George filed the BMW class action lawsuit individually and on behalf of a putative class of people who purchased or leased any 2004-2010 model year BMW E64 (Series Convertible). Gray and George allege that BMW failed to disclose that the series 6 convertible had a known defect that interferes with the proper opening and closing of its convertible top.

After purchasing his vehicle, George alleges in the BMW 6 series class action lawsuit that he noticed the “top not locked” message appeared while he was driving. This prevented him from completely opening or closing the convertible top. BMW repaired the vehicle after performing a series of tests and repairs at a cost of $280. The same problem ensued several months later but BMW allegedly failed to repair because they cannot duplicate the issue.

On Feb. 11, 2010, the “top not locked” light came on again. The dealer allegedly readjusted the convertible sensor, only to come back again on Jan. 21, 2013. George claims in the BMW convertible class action lawsuit that he brought his vehicle to BMW again and paid $559 for the replacement of the convertible sensor. On Feb. 8, 2013, George took his vehicle to BMW because the top was “stuck closed.” The dealer replaced the hydraulic lift at a cost of $2,478.

Gray purchased his first vehicle from a California dealership in January 2010 only to experience several months later that the BMW 6 series convertible top intermittently would not completely open or close. The message would appear even if the top is open or close. He was told that there is a need to replace the entire convertible top for $5,000. He opted for a used equipment for $1,087.50. The repair did not fix the problem, according to the class action lawsuit. Gray bought another vehicle only to experience the same issue. In February 2012, he brought the car for repair and was told that it would cost him $3,000 and might not solve the problem.

In June 2013, Gray sued BMW because of the alleged defects and claimed that BMW knew about the problem in the 2004 to 2010 models but deceived consumers into paying a premium. George was added as a plaintiff to the first amended complaint.

On May 28, U.S. District Judge William J. Martin dismissed the following allegations from the BMW 6 series convertible class action lawsuit: (Count 1) New Jersey Consumer Fraud Act; (Count 3) Breach of Duty of Good Faith and Fair Dealing; (Count 4) Unjust Enrichment; and (Count 7) Song-Beverly Act.

The following allegations were not tossed: (Count 2) Common Law Fraud; (Count 5) Violation of California’s Consumer Legal remedies Act; and (Count 6) Violation of California’s Unfair Competition Law.

Judge Martin denied the dismissal for three allegations including common law fraud and violations of California’s Legal Remedies Act and Unfair Competition Law. BMW’s request to bar the lawsuit from proceeding as a class action was also tossed.

The BMW Convertible Top Defect Class Action Lawsuit is Gray, et al. v. BMW of North America LLC, et al., Case No. 13-cv-03417, in the U.S. District Court for the District of New Jersey.

UPDATE: On Nov. 14, 2016, plaintiffs in a BMW class action lawsuit finally secured a settlement that should get their allegedly defective convertible tops repaired or replaced.

UPDATE 2: 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 3: The BMW 6 Series Convertible Top Class Action Settlement is now open! Click here to file a claim.