If You Have Ever Owned Or Leased A BMW 6-Series Vehicle Equipped with Ellipsoid 121 Style Wheels (see picture below) You May Be Entitled To Benefits Under This Settlement.

Please be advised that the Court entered the Final Order and Judgment on February 22, 2011. A copy of the Order is available by clicking on Case Documents above.

Please be advised that the Court, on its own motion, continued the final approval hearing to Monday, February 7, 2011.

Under the terms of a proposed class action settlement, class members may receive reimbursement and/or a replacement Ellipsoid 121-Style Wheels if (1) you currently own or lease, or previously owned or leased, a BMW 6-Series vehicle equipped with Ellipsoid 121-Style Wheels; and (2) repaired or paid to replace the Ellipsoid 121-Style Wheel due to a crack, and/or the tire on the wheel due to a total loss of air pressure as a result of a crack; and (3) the crack occurred either during the (a) vehicle's 4 year / 50,000 miles new vehicle limited warranty period (whichever occurs first), or (b) two (2) year limited parts warranty period (as defined below), whichever length of time is longer.

Ellipsoid 121-Style Wheel

What is this about?
A federal lawsuit claims that Ellipsoid 121-Style wheels on BMW 6-Series vehicles are defective because they may sustain cracks during normal driving conditions, upon contact with certain road conditions, or due to road debris. BMW denies all charges of wrongdoing made against it in the lawsuit and denies the defect claims.

What benefits are provided under the settlement?
If you own or lease, or previously owned or leased, a 6-Series vehicle equipped with Class Wheels as original equipment, or that you equipped with Class Wheels post-purchase, and the Class Wheel sustains or sustained a crack under ordinary driving conditions during the applicable warranty period, you may be eligible for some or all of the following available benefits: (1) reimbursement for out-of-pocket expenses incurred to replace Class Wheels before final approval of the settlement; (2) replacement of Class Wheels after final approval of the settlement; (3) replacement of "repaired" Class Wheels; and/or (4) reimbursement for replaced run-flat tires. More detailed information about the benefits available under the settlement, the conditions for eligibility, and additional settlement details and limitations are available by clicking on the Case Documents link above or by calling (888) 289-3178.

What wheels are included in "Class Wheel" definition?
"Class Wheels" refers to BMW Ellipsoid 121-Style wheels and do not include Customized Class Wheels. "Customized Class Wheels," are any Class Wheels that have been altered, modified, or otherwise substantially changed from their original condition and/or color including but not limited to, Class Wheels that have been chromed and/or painted, (1) by the Class Vehicle owner and/or lessee, (2) at the request of a Class Vehicle owner and/or lessee, (3) by a BMW Center, or (4) any third party after the Class Wheel left BMW NA's possession, custody, and/or control.

What should I do?
Get complete information about the settlement by clicking on Case Documents above and decide on your legal right to (1) participate in the class, (2) exclude yourself, (3) object to or comment on the settlement, or (4) attend the hearing in Court and ask to be heard at the final approval (fairness) hearing concerning the proposed settlement.

The Court has appointed Counsel to represent everyone. If the settlement is approved, BMW will pay them separately in an amount to be determined by the Court, which in no event will reduce settlement benefits available to the Class. You can also hire your own attorney at your own cost.

This Notice is a summary only. For complete information and/or to receive a claim form please click on the Case Documents link above.

If you determine you are eligible to participate and would like to make a claim in the class action settlement, complete and mail the claim form (available by clicking on the Case Documents link above) to:

BMW Ellipsoid 121 Style Wheel Settlement
c/o Gilardi & Co. LLC
P.O. Box 8060
San Rafael, CA 94912-8060

Alternatively, you may submit your claim by e-mailing it to BMWEllipsoidWheelClaims@classactmail.com no later than midnight on 120 days after effective date.