Brightk Consulting, Inc. v. BMW of North America, LLC
United States District Court for the Central District of California
Case No. 21-CV-02063-CJC-JDE
United States District Court for the Central District of California
Case No. 21-CV-02063-CJC-JDE
If You Have Ever Owned Or Leased A BMW
X5 (2019-2022), X5M (2020-2022), X6 (2020-2022), X6M (2020-2022), or X7 (2019-2022)
You May Be Entitled To Benefits Under This Proposed Class Action Settlement
Class Members should begin receiving notices in late March. The online claim filing page will be opened prior to sending notices. Please continue to check the website for updates.
• There is a proposed Settlement in a class action lawsuit against BMW of North America, LLC (“BMW NA”). This lawsuit alleges that the front cupholders in BMW X5 (2019-2022) (G05), BMW X5M (2020-2022) (F95), BMW X6 (2020-2022) (G06), BMW X6M (2020-2022) (F96), or BMW X7 (2019-2022) (G07) vehicles (together “Class Vehicles”) are permeable to spilled liquids. Thus, Plaintiff claims that if liquid spills from cups in or around the Class Vehicles’ cupholders, it may seep through the cupholders onto components below, which in turn may result in illumination of the Supplemental Restraint System (“SRS”) warning light.
• The proposed Settlement resolves claims by current and former owners and lessees of Class Vehicles against BMW NA, the distributor of these vehicles, and BMW NA’s parent, subsidiaries, affiliates, and related entities, for Out-of-Pocket Costs incurred or that may be incurred in the future due to “Eligible Repairs” (i.e. a repair performed by a BMW Center in the United States on a Class Vehicle during the “Extended Warranty Period” to address or remedy a customer complaint of an SRS warning light illumination and/or damage to other components below the cupholder caused by liquid that spilled or that otherwise seeped through the cupholder(s) on the front center console of a Class Vehicle).
• You are covered by the Settlement if you own or lease a Class Vehicle, or previously owned or leased a Class Vehicle. The proposed Settlement provides for, among other things, a warranty extension and reimbursement of certain “Out-Of-Pocket Costs”.
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Your Legal Rights and Options in This Settlement |
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Participate in
the Settlement |
If you
agree with the proposed Settlement, you need not do anything to remain in the
class. To receive certain benefits, however, you must file a Claim, with the
required proof, as detailed herein. |
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Exclude
Yourself |
You will
not be entitled to participate in the Settlement and will not receive certain Settlement benefits. |
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Object /
Comment |
Write to
the Claims Administrator and explain why you do, or do not, like the Settlement.
You must remain in the class to comment in support of, or in opposition to,
the Settlement. If the Court approves the Settlement and overrules your
objection, you will be bound by the Settlement’s terms. You may also, but are
not required to, attend the Final Approval Hearing to object to or comment on
the Settlement. |
