Catalano v. BMW of North America, LLC and BMW AG

Welcome to the Catalano v. BMW NA Settlement Website

If you are a current or former owner or lessee of a U.S. specification model-year 2004 to 2010 BMW 5 Series (E60 and E61) vehicle, you may be eligible for benefits of a class-action settlement.

 

A nationwide settlement (“Settlement”) has been reached in a class action lawsuit against BMW of North America, LLC (“BMW NA”) and Bayerische Motoren Werke Aktiengesellschaft (“BMW AG”) (“Defendants”). The lawsuit concerns model-year 2004 to 2010 U.S. specification BMW 5 Series (E60 and E61) vehicles purchased in the United States or Puerto Rico (“Class Vehicles”). The lawsuit alleges that certain electronic components stored in the spare tire well of the trunk in the Class Vehicles are susceptible to water damage, caused either by clogged sunroof drainage tubes or by some other means of water ingress. Defendants have denied these allegations.

The Settlement provides an opportunity to be reimbursed for certain past expenses and to obtain a free inspection, relocation, and repair of the affected electronic components.

Your legal rights are affected whether you act or don’t act, so please read the Notice carefully, available at the Case Documents link above.

**UPDATE: The Settlement is now Effective. Claims are continuing to be reviewed and processed by the Claims Administrator and BMW NA. The Claims Administrator will advise Claimants, in writing, whether their Claim has been approved and, if so, in what amount, or, if the Claim is denied in whole or in part, will explain why the Claim was denied. The Claims Administrator will also advise whether a submitted Claim was deficient. Claimants will have an opportunity to correct the deficiency. Notices regarding the status of submitted Claims and Settlement Payments on approved Claims are being sent to Claimants on a rolling basis. We appreciate your patience as Claims undergo review and continue to be processed.

Service Campaign relief is still available to Settlement Class Members with eligible 2007-2010 BMW 5-Series Vehicles with less than 120,000 miles at the time their Vehicle is submitted for inspection, relocation, and any repair or replacement services under the Service Campaign. Settlement Class Members with eligible Vehicles may make an appointment with their local BMW Center to obtain Service Campaign relief, and may reference Service Information Bulletin "SI B01 28 17". The Service Campaign will close on November 21, 2018.

 

 

Your Rights and Options in this Settlement

Submit a Claim and/or Take Your Class Vehicle to an Authorized BMW Center Make a claim for relief so that you may be able to receive the valuable benefits available to you under the Settlement and/or take your vehicle to an authorized BMW Center after the Settlement is approved.

Claims must be postmarked or submitted online on or before June 28, 2017. See Question 8 in the Frequently Asked Questions (FAQ).

You must bring your Class Vehicle to a BMW Center within one year after the Settlement is approved. See FAQ Question 6.

Exclude Yourself This is the only option that allows you to be part of any other lawsuit, or your own lawsuit, against the Defendants about the legal claims released in this Settlement. Must be postmarked by May 29, 2017. See FAQ Question 11 and Question 14.
Object Write to the Court about why you do not like the Settlement. Must be filed and postmarked by May 29, 2017. See FAQ Question 18.
Go to a Hearing Ask to speak in Court about the Settlement. The Final Approval Hearing is scheduled for July 28, 2017. See FAQ Question 22.
Do Nothing Give up rights to benefits under the Settlement and to be part of this or any other lawsuit against the Defendants about the legal claims released by the Settlement. See FAQ Question 10.