BMW $6,000,000 Emissions Control Settlement

Will Gendron
Editor in Chief
Published
June 18, 2024 5:51 PM
Updated
July 24, 2024
BMW $6,000,000 Emissions Control Settlement
Settlement Open for Claims
Award:
Pro rata
Deadline:
December 18, 2024
SUBMIT CLAIM

BMW of North America, LLC has agreed to pay $6,000,000 to settle a class action lawsuit for alleged fraudulent concealment and violations of various states’ consumer protection acts. This settlement is intended to benefit individuals who purchased or leased specific BMW models equipped with so-called “defeat devices” that manipulated emissions controls during normal operation.

Who Benefits?: Individuals who purchased or leased a model year 2009–2013 BMW X5 xDrive35d or 2009–2011 BMW 335d vehicle on or before February 28, 2024.

How much can I get?: Cash Awards will be pro rata shares of the Net Settlement Fund based on each Settlement Class Member’s respective length of ownership and/or lease of their Class Vehicle.

Important Dates

  • Fairness Hearing: September 19, 2024
  • Deadline to File a Claim: December 18, 2024
  • Deadline to Provide Your Preferred Form of Payment: November 20, 2024
  • Deadline to Exclude Yourself (Opt Out): August 6, 2024

Can I Claim an Award?

If you purchased or leased a model year 2009–2013 BMW X5 xDrive35d or 2009–2011 BMW 335d vehicle on or before February 28, 2024, you are eligible to claim an award. This includes both current and former owners and lessees of the specified vehicles. To be considered a Settlement Class Member, you must have purchased or leased the vehicle within the specified time frame.

Settlement Class Members are those who have been affected by the alleged fraudulent concealment and emissions control manipulation by BMW. This settlement aims to compensate those who were misled by the company’s actions.

What Awards Can Class Members Claim?

Class Members who submit a Valid Claim Form with any necessary supporting documentation are eligible to receive a Cash Award. The Cash Award will be a pro rata share of the Net Settlement Fund based on each Settlement Class Member’s respective length of ownership and/or lease of their Class Vehicle.

If any unclaimed funds remain in the Net Settlement Fund after the initial Cash Awards are distributed, there will be a second round of distributions to Settlement Class Members who cashed their checks or successfully received an electronic payment via the first distribution of Cash Awards. To the extent funds remain unclaimed after the Second Distribution, additional distributions will be made to Settlement Class Members who cashed their initial checks in the same manner.

If Class Counsel, the BMW Defendants, and the Settlement Administrator determine that any re-distribution is not cost-effective, upon approval by the Court any amount remaining in the Settlement Fund will be distributed to recipient(s) agreed upon by the Parties and reported to the Court.

Which BMW Models Are Included in the Settlement?

The settlement involves the following BMW models:

  • 2009–2013 BMW X5 xDrive35d
  • 2009–2011 BMW 335d

Is Proof Required to Claim the Reward?

Yes, proof is required to claim the reward.

Claimants must submit a Valid Claim Form with the following information:

  • Vehicle model and year
  • Vehicle Identification Number (VIN)
  • Status of Ownership or Lease
  • Dates of Ownership or Lease Period

Supporting Documentation

Claimants must also submit supporting documentation with their Valid Claim Form:

Claimants who currently own the vehicle:

  • Current vehicle registration
  • Driver’s license or other government-issued photo identification
  • Proof that you purchased the vehicle and when (which may include your bill of sale, title, registration from time of purchase, DMV registration history, financing agreement, or insurance document listing the vehicle purchase date)
  • If you purchased your vehicle from a lease, please provide proof of when your lease began (such as proof of first lease payment or lease agreement)

Claimants who previously owned the vehicle:

  • Driver’s license or other government-issued photo identification
  • Proof that you purchased the vehicle and when (which may include your bill of sale, title, registration from time of purchase, DMV registration history, financing agreement, or insurance document listing the vehicle purchase date)
  • If you purchased your vehicle from a lease, please provide proof of when your lease began (such as proof of first lease payment or lease agreement)
  • Proof of when you sold or transferred title to the vehicle (which may include a bill of sale, copy of title transfer, trade-in receipt, or insurance transfer document)

Claimants who currently lease the vehicle:

  • Current vehicle registration
  • Driver’s license or other government-issued photo identification
  • Lease agreement or proof of a monthly lease payment

Claimants who currently previously leased the vehicle:

  • Driver’s license or other government-issued photo identification
  • Proof of when your lease began (such as proof of first lease payment or lease agreement)
  • Proof of when your lease ended (such as a proof of final lease payment, lease termination agreement, or lease completion letter)

How to Claim Your Award

To claim your award, you must fill out and submit a Claim Form with the above supporting documentation.

You can file your claim online or download a paper Claim Form. The completed Claim Form must be submitted online by December 18, 2024, or by mail at the address below, postmarked by December 18, 2024:

BMW X5 xDrive35d & 335d Settlement

c/o Settlement Administrator

P.O. Box 2390

Portland, OR 97208-2390

Upon receiving a completed Claim Form, the Claims Administrator will review the documentation and confirm or deny your eligibility for a cash payment.

$6,000,000 Settlement Fund Breakdown

The settlement amount of $6,000,000 will be used to provide cash awards to all Settlement Class Members, cover notice and administrative costs, attorneys’ fees and costs, and service awards to the Named Plaintiffs, if approved by the court.

Class Counsel has asked the Court for an award of attorneys’ fees up to one-third (1/3) ($2 million) of the $6 million Settlement Fund, and in addition to fees, reimbursement of litigation costs plus reasonable costs incurred through the Effective Date to not exceed $1,000,000. Any award of attorneys’ fees and costs will be paid from the Settlement Amount.

Why is There a Class Action Settlement?

This lawsuit asserts claims for fraudulent concealment and violations of various states’ consumer protection acts. The lawsuit alleges that the BMW Defendants defrauded consumers by developing, advertising, and selling model year 2009–2013 BMW X5 xDrive35d or 2009–2011 BMW 335d vehicles that were equipped with so-called “defeat devices” that turned off or down emissions controls when the vehicles were in normal operation and not in a regulatory testing environment.

Note that BMW denies all allegations and the Court has not decided who is right.

The next steps include the Fairness Hearing scheduled for September 19, 2024, where the Court will decide whether to approve the Settlement. If approved, thecCash awards will be distributed to eligible Settlement Class Members after any appeals are resolved.

Notice Letter

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Status
Open for Claims
Category
Automotive
Settlement Amount
$6,000,000
Award
Pro rata
Is Proof Required?
Proof Required
Proof Required
Days Remaining to file Claim
147
Claim Deadline
December 18, 2024
Fairness Hearing
September 19, 2024
Final Approval Hearing
Case Number
2:18-cv-04363
Case Title
Rickman v. BMW of North America, LLC
State
Court
New Jersey District
Jurisdiction
U.S. District Court
Claims Administrator
BMW X5 xDrive35d & 335d Settlement c/o Settlement Administrator P.O. Box 2390 Portland, OR 97208-2390 1-877-540-1859
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