The complaint is brought on behalf of all persons in the United States who purchased or leased any 2004-2010 model year BMW E64 (6 Series Convertible) vehicles (collectively, “Class Vehicles”) imported, distributed, warranted, serviced, repaired and sold by BMW of North America, LLC (“Defendant” or “BMW”).
According to the complaint, since 2004 BMW knew or should have known that the Class Vehicles and their convertible tops contain one or more design and/or manufacturing defects that prevent their convertible tops from completely opening and closing; cause their convertible tops to become jammed into a fixed position; and cause the convertible top operation light to flash, the “top not locked” warning message to appear, and/or an alarm to sound (the “Convertible Top Defect” or “defect”). When this occurs, consumers cannot open the trunk lid and/or are unable to roll the windows up or down.
The Convertible Top Defect, which can cost up to $5,000 to repair or replace, is not simply an economic or aesthetic concern: it is also a serious safety hazard. BMW’s 2005 6 Series Owner’s Manual (“2005 Owner’s Manual”) explicitly identifies the Convertible Top Defect as a dangerous condition: “Driving without having completed the opening or closing action [of the convertible top] can lead to damage or injury.” BMW’s 2006 6 Series Owner’s Manual (“2006 Owner’s Manual”) acknowledges that a “convertible top which is not completely opened or closed presents a danger.”
According to the complaint, BMW knew and concealed the Convertible Top Defect that is contained in every Class Vehicle, along with the attendant dangerous safety problems and associated costs, from Plaintiff and the other Class Members at the time of sale and thereafter.
Despite notice of the defect from numerous consumer complaints, dealership repair orders, as well as various other sources, BMW has not recalled the Class Vehicles to repair the Convertible Top Defect, has not offered all of its customers a suitable repair or replacement free of charge, and has not offered to reimburse all Class Vehicles’ owners and leaseholders who incurred costs relating to repair or replacement of the convertible tops.