As alleged, the comfort access feature is a convenience feature integrated into the Class Vehicles, and their remote controls. With regard to the functionality of the comfort access feature, the BMW NA owners’ manual states, “The concept: The vehicle can be accessed without activating the remote control. All you need to do is to have the remote control with you, e.g., in your jacket pocket. The vehicle automatically detects the remote control when it is nearby or in the passenger compartment.
Comfort access supports the following functions: Unlocking/locking of the vehicle.” The owners’ manual goes on to say, “Functional requirement: To lock the vehicle, the remote control must be located outside of the vehicle.” The owners’ manual clearly instructs operators of Class Vehicles that in order to lock the vehicle, the remote control must be located outside of the vehicle, and thus, if the remote control is located inside of the vehicle, the vehicle cannot lock.
As alleged, the comfort feature is defective. Numerous owners and lessees of 2008 through 2015 BMW X5 vehicles have reported that their vehicles have automatically locked while the remote control has been inside of their vehicles, at times trapping children inside their vehicles.
The Class Vehicles consist of all model year 2008 through 2015 BMW X5 vehicles equipped with the comfort access feature, sold or leased to consumers in California.