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Welcome to the BMW-Bridgestone RFT Settlement Website.
Please note that the Court entered the Order and Final Judgment Granting Final Approval of Class Action Settlement and Awarding Attorneys' Fees, Expenses and Incentive Awards on April 29, 2010.
General Information:
Settlement Benefits / Filing a Claim / Exclusion / Objection:
What is this lawsuit all about?
This lawsuit concerns BMW 2006 and 2007 3 Series Vehicles equipped with Bridgestone Turanza EL42 RFT 205/55R16 or 225/45R17 Run-Flat Tires that have exhibited excessive noise and/or irregular wear. The lawsuit alleges that Defendants should have known that the Tires were defective and prone to excessive noise and/or irregular wear, resulting in the Tires needing frequent replacement and causing the vehicles to ride roughly. Defendants deny these allegations and stand behind and support their products.
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Am I a member of the Class?
The Court has decided that the Settlement Class includes all current and former owners and lessees of 2006 and 2007 BMW 3 Series vehicles in the United States originally equipped with certain Turanza Tires, where either:
(1) the Bridgestone Turanza EL42 RFT 205/55R16 (16 inch Tire) bears a DOT number indicating manufacture on or before the 22nd week of 2007 (i.e., "2207"); or
(2) the Bridgestone Turanza EL42 RFT 225/45R17 (17 inch Tire) bears a DOT number indicating manufacture on or before the 26th week of 2006 (i.e., "2606").
Excluded from the Class are:
(1) BMW of North America, Bridgestone Corporation, and Bridgestone Americas Tire Operations, and its and their subsidiaries and affiliates, officers, directors, and employees, including franchised dealers;
(2) Individuals who validly opt out of the settlement;
(3) Any judge to whom this matter is assigned, and his or her immediate family;
(4) Any current or former owner or lessee of a Class Vehicle that has released his/her claims
against BMW NA, Bridgestone Corporation, and Bridgestone Americas Tire Operations related to a 2006 or 2007 3 series with Turanza tires;
(5) Any current or former owner or lessee of a Class Vehicle who has experienced physical injury as a result of the alleged defect;
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How Do I Find the DOT Number on My Tires?
The illustration below describes how to find the DOT number on the sidewall of your tires. For example, in the illustration below, the DOT number is "DOT EJH8 DCJ 4905."
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Do I need to hire my own attorney?
No, the Court has appointed the law firm Shepherd, Finkelman, Miller & Shah, LLP
as Lead Class Counsel and they represent the interest of all of the Class Members. You will not be individually charged for their time, as their fees will be paid out of the settlement as approved by the Court. However, if you wish to retain your own attorney, you may do so, but it is at your own cost.
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What is Irregular Tire Wear?
For purposes of this settlement, irregular tire wear means that the Turanza Tires experienced excessive noise and/or irregular wear (often causing the vehicles to ride roughly) prior to 20,000 tire miles, resulting in the tires being replaced prior to 30,000 tire miles.
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What are the benefits of the Settlement?
Every Class Member who paid for replacement tires at a BMW Center due to irregular tire wear prior to 10,000 tire miles will be eligible to receive 100% reimbursement of the cost of the tires and labor. Every Class Member who paid for replacement tires at a non-BMW Center prior to 10,000 tires miles will be eligible for 100% reimbursement for the cost of the tires, up to the cost of a replacement Bridgestone tire; labor costs for these claims will not be reimbursed if the tire was replaced at a non-BMW Center.
Every Class Member who sought correction from a BMW Center for irregular tire wear prior to 10,000 tire miles, but did not obtain replacement until between 10,001 miles and 15,000 miles from a BMW Center and was not reimbursed for 100% of the cost of the tires and labor is eligible for reimbursement up to 100% of the cost of the tires, up to the cost of a replacement Bridgestone tire, and 100% of the labor.
Every Class Member who sought correction from a BMW Center for irregular tire wear prior to 10,000 tire miles, but did not obtain replacement until between 10,001 and 15,000 miles from a non-BMW Center will be eligible for reimbursement for 100% of the cost of the tires, up to the cost of a replacement Bridgestone tire; labor costs for these claims will not be reimbursed if the tire was replaced at a non-BMW Center.
Every Class Member who paid for replacement Tires at a BMW Center due to irregular tire wear between 10,001 and 20,000 tire miles will be eligible for reimbursement on the replacement tires covering 50% of the cost of the tires, up to the cost of a replacement Bridgestone tire, and 100% of the cost of the labor.
Every Class Member who paid for replacement Tires at a non-BMW Center due to irregular tire wear between 10,001 and 20,000 tire miles will be eligible for reimbursement on the replacement tires covering 50% of the cost of the tires, up to the cost of a replacement Bridgestone tire; labor costs for these claims will not be reimbursed if the tire was replaced at a non-BMW Center.
Every Class Member who can demonstrate that the irregular tire wear manifested prior to 20,000 Tire miles but did not seek correction from either a BMW Center or non-BMW Center until between 20,001 and 30,000 tire miles and paid for replacement tires will be eligible for reimbursement of 35% of the cost of replacement tires, up to the cost of a replacement Bridgestone tire, and 50% of the cost of labor.
Turanza Tires replaced at a BMW Center in the future due to irregular tire wear will be eligible for a pro-rata discount on replacement tires as described above.
In addition, if in the future a Class Member can demonstrate that the irregular tire wear manifested prior to 20,000 tire miles, but did not seek correction from a BMW Center or Bridgestone-affiliated service center until between 20,001 and 30,000 tire miles, the Class Member will be entitled to replacement Bridgestone tires at a 35% discount on the cost of the tires and a 50% discount on the cost of labor at a BMW Center or Bridgestone-affiliated service center.
If you received any discount or price adjustment on the tires and / or labor at the time of replacement, that discount will be deducted from any reimbursement.
Please note that appropriate proof will be required in order to obtain any reimbursement, showing odometer mileage at the time of manifestation, that the Turanza tires were experiencing irregular wear, that the tires were replaced as a result of irregular wear, and proof of cost of parts and labor.
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How Do I Get the Benefits of the Settlement?
If you are a Class Member, you need to complete a copy of the Claim Form and mail it to:
BMW-Bridgestone RFT Settlement
c/o Gilardi & Co., LLC
P.O. Box 808054
Petaluma, CA 94975-8054
The current deadline for submitting Claim Forms is November 8, 2010. You can download a copy of the Claim Form by clicking on the link above or request that a Claim Form be mailed to you by calling toll free 1-877-571-8674.
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What if BMW rejects my claim for reimbursement or that I disagree with the amount
that they pay?
There is a process in the Settlement to resolve disagreements between you and the Defendants over your claim. Any dispute regarding relief under the terms of the Settlement will be handled in accordance with the procedures set forth in the Settlement Agreement and you may have the right to appeal any denied claim to a Special Master. You do not have to pay for any appeal to the Special Master, and Class Counsel will assist you with the appeal.
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I don't want to be a part of this Class Action. How do I get out of the Settlement?
If you do not want to stay in the Class, then you must send a written notice of your request to
exclude yourself from Chandran v BMW of North America, postmarked no later than March 19, 2010 to: BMW-Bridgestone RFT Settlement, c/o Gilardi & Co., LLC, P.O. Box 808054, Petaluma, CA 94975-8054.
Be sure to include your full name and current address; year and model of the Vehicle; approximate date of purchase or lease; whether you still own/lease the Vehicle; the VIN number of the Vehicle; a clear statement that you wish to be excluded from the Class; and your signature. You cannot ask to be excluded over the phone or via the internet.
If you ask to be excluded, you cannot object to the Settlement and you will not receive any of the benefits of the Settlement.
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How do I tell the Court if I don't like the Settlement?
You can object to the Settlement if you don't like some part of it. You can give reasons why you think the Court should not approve it. To object, send a letter saying that you object to the Settlement in Chandran v. BMW of North America, LLC, et al., Case No. 2:08-CV-02619-KSH-PS to the Court and all Counsel.
You must include: your full name and current address, year and model of the Vehicle, approximate date of purchase or lease, whether you still own/lease the Vehicle, the VIN number of the Vehicle, the DOT number on the Tires, the reasons why you object and the factual and legal reasons for your objection, including any documentation, a detailed list of any other objections to any class action settlements you submitted to any court, whether State, Federal, or otherwise, in the United States in the previous five years, a Notice of Intention to Appear at the Final Approval Hearing if you intend to do so, and your signature.
Your Objection and Notice of Intention to Appear (if you wish to speak at the Final Approval Hearing) must be postmarked no later than March 19, 2010.
Addresses for the Court and all Counsel are provided on the Class Notice. If you do not have a Class Notice, you can access a copy of the Notice and Claim Form by clicking on the links above, or have them sent to you by calling (877) 571-8674.
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If I do nothing at all, what happens?
If you do nothing, you will give up rights to be part of any other lawsuit against the Defendants about the legal claims released by the Settlement. However, you will not receive any of the benefits offered by this Settlement for any past Turanza Tire replacements unless you timely submit a claim form.
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Current Status: Processing Claims
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