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BMW Cupholder Lawsuit: $30,600,000 Settlement

Settlement in Brightk Consulting v. BMW of North America lawsuit over defective cupholders in select BMW models; warranty extension & reimbursements offered.

BMW Cupholder Lawsuit: $30,600,000 Settlement
Updated on
Published on

Settlement Terms

  • Status:
    Closed
  • Award:
    Varies
  • Is Proof Required?
    Yes
  • Claim Deadline:
    August 1, 2023
    Not Set
  • Days Left to File Claim:
    0
  • Settlement Amount:
    $30,600,000
  • Final Approval:
    August 7, 2023
Settlement summaries by Claim Depot are written for people who might be eligible to claim class action settlement awards. Our goal is to provide the reader all relevant information about the settlement so they can claim their lawsuit funds. Claim Depot uses artificial intelligence (AI) to extract data from the vast amounts of text on the Official Settlement Website and in the court documents. Then, our writers, who are licensed attorneys, write the summary in plain English so the greater public can better understand their rights.

In a recent class action lawsuit, BMW of North America, LLC (BMW NA) has reached a proposed settlement with the plaintiffs over allegations that certain BMW models have defective front cupholders. The lawsuit claims that the cupholders in these vehicles are permeable to spilled liquids, which may result in the illumination of the Supplemental Restraint System (SRS) warning light. The settlement aims to provide benefits to current and former owners and lessees of affected vehicles who may have incurred out-of-pocket costs due to eligible repairs.

How Much Is the Settlement Worth?

The official settlement website does not specify a total dollar amount for the settlement fund. But a read of the settlement documents infers a total settlement of $30,600,000.

It is important to note that any award granted by the court for attorneys' fees and expenses or service payment for the Settlement Class Representative will be paid separately by BMW NA and will not reduce the benefits available to class members under this agreement.

What Are Some Key Dates in This Settlement?

  • Claims Deadline: Tuesday, August 1, 2023 - Class members must submit their Claim Form online or mail their completed paper Claim Form postmarked no later than this date.
  • Exclusion Deadline: Thursday, May 18, 2023 - Class members wishing to exclude themselves from this settlement must complete and mail their request for exclusion postmarked no later than this date.
  • Objection Deadline: Thursday, May 18, 2023 - Class members who wish to object to the settlement or voice their opinions must mail their objections and/or notice of intent to appear at the Final Approval Hearing postmarked no later than this date.
  • Final Approval Hearing: Monday, August 7, 2023 - The court will hold a fairness hearing on this date to determine whether the proposed settlement should be approved as fair, reasonable, and adequate for the class.

Who Are the Class Members in This Settlement?

The Settlement Class includes all current and former owners and lessees of affected BMW vehicles purchased in the United States, including the District of Columbia and Puerto Rico. Specifically, these vehicles include BMW X5 (2019-2022), X5M (2020-2022), X6 (2020-2022), X6M (2020-2022), and X7 (2019-2022).

What Can Class Members Expect From This Settlement?

If you are a class member covered by this settlement, you may be entitled to reimbursement for out-of-pocket costs incurred due to eligible repairs. An "eligible repair" is defined as a repair performed by a BMW Center in the United States during an extended warranty period that addresses or remedies a customer complaint of an SRS warning light illumination caused by liquid seeping through cupholders in affected vehicles.

To receive reimbursement for out-of-pocket costs incurred prior to receiving notice about this settlement, you must submit a claim with required proof by the claims deadline. The required proof includes a legible repair order from a BMW Center, proof of payment, vehicle mileage at the time of repair, date of the eligible repair, and a description of the eligible repair performed.

In addition to reimbursement for out-of-pocket costs, this settlement also provides extended warranty coverage for future eligible repairs on affected vehicles. If your vehicle requires an eligible repair after receiving notice about this settlement, you must take it to a BMW Center during the extended warranty period. No reimbursement will be available for out-of-pocket costs incurred for eligible repairs after receiving notice about this settlement.

Case Facts

  • Case Number:
    8:21-cv-02063
  • Filing Date:
    December 16, 2021
  • Jurisdiction:
    U.S. District Courts
  • State:
    California
  • Court:
    California Central District
  • Plaintiff:
    Brightk Consulting Inc.
  • Defendant:
    BMW of North America, LLC
  • Plaintiff Firm:
    The Margarian Law Firm
  • Claims Admin:
    Brightk Consulting, Inc. v. BMW of North America, LLC c/o Kroll Settlement Administration LLC PO Box 225391 New York, NY 10150-5391 Email: info@warninglightspillsettlement.com Toll-Free Number: 1-833-709-0666
  • Defendant Firm:
    Lewis Brisbois Bisgaard and Smith LLP
Contributors
Jerome Andries, Esq.
Jerome Andries, Esq.
Reporter and Licensed Attorney
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Settlement Agreement

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Settlement Agreement

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