To: Persons who have purchased or leased BMW Model Years 2007–2010 335i models; Model Years 2008–2010 135i, 535i and X6 xDrive35i Sports Activity Coupes; Model Years 2009 – 2010 Z4 Roadster sDrive35i vehicles
This Notice is given to inform you that (1) a class action lawsuit is pending in the U.S. District Court for the Northern District of California before the Honorable Susan Illston entitled Nguyen v. BMW of North America, LLC, No. 3:10-cv-02257-SI (“the Litigation”); (2) you may be a Settlement Class Member; (3) the parties have proposed to settle the Litigation; (4) the Proposed Settlement may affect your legal rights; and (5) you have a number of options.
Your legal rights and options --- and the deadlines to exercise them --- are explained in the full Notice, which is available under Case Documents on this site. Your legal rights may be affected whether you act or do not act. Please read the Notice carefully.
THE LAWSUIT
Plaintiffs Tim Nguyen and Chris Clyne allege that BMW of North America, LLC (“BMW NA” or “BMW NA”) became aware of distinct defects in two separate components of the N54 engine: the high pressure fuel pump (“HPFP”) and the turbocharger wastegates. With respect to the HPFP, Plaintiffs allege that it contains certain defects causing it to fail prematurely. With respect to the turbocharger wastegates, Plaintiffs allege that they contain certain defects resulting in noisy operation and/or “turbo lag.” In their complaint, Plaintiffs contend that BMW NA had a duty to disclose this information to consumers. Based on this conduct, Plaintiffs allege claims for Breach of Express Warranty, violation of California’s Consumer Legal Remedies Act, violation of California’s Unfair Competition Law, breach of the Implied Covenant of Good Faith and Fair Dealing, and violation of the Federal Magnuson-Moss Act.
BMW NA denies all of the material allegations made by Plaintiffs and denies any wrongdoing or liability of any kind. Among other things, BMW NA believes that the extended warranty and recall it initiated regarding the HPFP more than adequately resolve any issues relating to the HPFP. Further, BMW NA denies that the turbocharger wastegates in the vehicles at issue contain defects. BMW NA further believes that it has, at all times, complied with all applicable federal and state laws. Accordingly, neither this notice nor the Proposed Settlement reflect any admission by BMW NA that there is a defect in any BMW vehicle or that it violated any law or rights of its consumers.
SETTLEMENT CLASS
The Court has conditionally certified a settlement class INCLUDING: Persons, in the United States, who have purchased or leased BMW Model Years 2007–2010 335i models; Model Years 2008–2010 135i, 535i and X6 xDrive35i Sports Activity Coupes; and Model Years 2009 – 2010 Z4 Roadster sDrive35i vehicles.
Even if you are or were the owner or lessee of a Settlement Class Vehicle, you are EXCLUDED from the Settlement Class and not covered by this settlement if you are:
a) Persons who validly and timely exclude themselves from the Settlement Class, using the procedure set forth below in Sections 9 and 10;
b) Persons who have settled with and released Defendant from individual claims substantially similar to those alleged in this matter;
c) A member of BMW NA, its subsidiaries and affiliates, officers, directors and employees;
d) Persons who have suffered personal injury as a result of the defects alleged;
e) Insurers or other providers of extended service contracts or warranties for the Settlement Class Vehicles;
f) All Persons or entities claiming to be subrogated to the rights of Settlement Class;
g) Consumers and/or businesses that have purchased Class Vehicles for use as rentals (i.e. fleet vehicles);
h) Consumers and/or businesses that have purchased Class Vehicles deemed a total loss (i.e.. salvage);
i) United States residents that have purchased Class Vehicles in the United States but have since transported the Class Vehicle outside the United States; and
j) The Honorable Judge Susan Illston.