BMW 6 Series Ellipsoid 121-Style Wheel Class Action Settlement of Class Action Lawsuit Against BMW Over Alleged Cracking Of Wheels

If You Have Ever Owned Or Leased A BMW 6-Series Vehicle Equipped with Ellipsoid 121 Style Wheels You May Be Entitled To Benefits Under A Class Action Settlement.

A class action settlement has been reached in a class action lawsuit pending against the authorized United States distributor of BMW vehicles, BMW of North America, LLC (“BMW” or “Defendant”) in the United States District Court for the Central District of California (styled Shin et al. v. BMW of North America, LLC, Class Action Case No. 2:09-cv-00398-AHM-AJW) alleging, among other things, that BMW Ellipsoid 121-Style wheels on BMW6 Series vehicles are defective because they may sustain cracks during normal driving conditions, upon contact with certain road conditions, or due to road debris, purportedly in violation of California’s consumer protection laws, according to the BMW 6 Series Ellipsoid 121-Style Wheel class action lawsuit settlement notice.

BMW 6 Series Ellipsoid 121-Style Wheel class action lawsuit settlement class members reportedly include the following persons, unless otherwise excluded:

All United States residents who currently own or lease, or previously owned or leased, a “Class Vehicle.” A Class Vehicle is any BMW 6-Series vehicle that was sold and/or leased in the United States to a resident of the United States with Ellipsoid 121-Style wheels (“Class Wheels”) as original equipment, or that a Settlement Class member equipped with Class Wheels post-purchase. Class Vehicles that originally were purchased in the United States by United States residents, but that have since been transported for permanent use abroad are excluded from the class and are not subject to the terms of the proposed settlement. “Class Wheels” do not include “Customized Class Wheels,” which 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.

The BMW 6 Series Ellipsoid 121-Style Wheel class action lawsuit settlement reportedly will provide the following benefits if approved:

REIMBURSEMENT FOR OUT OF POCKET EXPENSES INCURRED TO REPLACE CLASS WHEELS BEFORE SETTLEMENT RECEIVES FINAL APPROVAL

BMW NA will reportedly reimburse settlement class members for their actual out-of-pocket expense (up to a maximum of $520 per wheel (i.e., if settlement class members replaced all four class wheels, they would receive the lesser of what they actually paid for the four replacements wheels or a maximum reimbursement of of $2,080 for the four wheels) incurred prior to the Effective Date to replace each Class Wheel (excluding Customized Class Wheels) that sustained cracks during the Warranty Period if:

(1) the crack occurred during the Warranty Period under ordinary driving conditions and not as a result of impact damage; and
(2) the settlement class member submits a Claim Form, which can be obtained from www.gilardi.com/BMWEllipsoid121stylewheel., with all required documentation, not later than 120 days after the Effective Date.

REPLACEMENT OF CLASS WHEELS AFTER SETTLEMENT RECEIVES FINAL APPROVAL

BMW NA will reportedly replace, free of charge, any Class Wheel (excluding Customized Class Wheels) that sustains a crack during the Warranty Period if:

(1) the crack occurs during the Warranty Period under ordinary driving conditions and not as a result of impact damage;
(2) the settlement class member presents the damaged wheel to an authorized BMW center for replacement during the Warranty Period for replacement; and
(3) the cracked wheel is left at the authorized BMW center in exchange for a replacement Class Wheel.

REPLACEMENT OF “REPAIRED” CLASS WHEELS

BMW NA reportedly does not recommend that class members repair cracks in any Class Wheel. BMW NA will reportedly replace any Class Wheel (excluding Customized Class Wheels), which previously had cracks and was repaired, with a new Class Wheel free of charge. Settlement class members may exchange a repaired Class Wheel for a new one if:

(1) the crack in the Class Wheel occurred during the Warranty Period under ordinary driving conditions and not as a result of impact damage; and
(2) the repaired Class Wheel is presented to an authorized BMW center and left there in exchange for a new Class Wheel within 120 days of the Effective Date.  Amounts settlement class members paid to repair a Class Wheel will not be reimbursed.

REIMBURSEMENT FOR REPLACEMENT TIRES

BMW NA will reportedly provide a partial reimbursement for out-of-pocket costs incurred to replace a Run-Flat tire on a Class Wheel (excluding Run-Flat tires on Customized Class Wheels) before the Effective Date, or that require replacement after the Effective Date, if:

(1) the replacement tire is a Run-Flat tire that was for a Class Wheel which sustained a crack during the Warranty Period;
(2) the crack was caused by ordinary driving conditions and not as a result of impact damage; and
(3) the Run-Flat tire on a Class Wheel was replaced due to a total loss of air pressure caused by the crack in the Class Wheel, and not due to an accident, impact damage, ordinary wear and tear, or an act of God.
(4) the settlement class member submits a Claim Form, which can be obtained from www.gilardi.com/BMWEllipsoid121stylewheel., with all required documentation, not later than 120 days after the Effective Date.

Settlement class members who meet all of these requirements, will reportedly be reimbursed for replacement tires in the following amounts (except tires with over 7,500 miles at the time of tire replacement are reportedly not eligible for reimbursement):

50% of the cost for the replacement Run-Flat tire if the tire the settlement class member replaced had 5,000 or less miles of use at the time of tire replacement subject to a maximum reimbursement of $226.47 for front axle tires and $228.24 for rear axle tires (which represents 50% of the MSRP for original equipment tires);

25% of the cost of the replacement Run-Flat tire if the tire the settlement class member replaced had 5,000 to 7,500 miles of use at the time of tire replacement, subject to a maximum reimbursement of $113.24 for front axle tires and $114.12 for rear axle tires (which represents 25% of the MSRP for original equipment tires).

On March 14, 2011, at 10:00 a.m., in Courtroom 14, Western Division Spring Street Courthouse, United States District Court for the Central District of California, 312 N. Spring Street, Los Angeles, California 90012, the Honorable A. Howard Matz, United States District Judge, will reportedly hold a fairness hearing for the purpose of deciding (a) whether the BMW 6 Series Ellipsoid 121-Style Wheel class action settlement should be approved as fair, reasonable, and adequate for the class; (b) whether a judgment granting approval of the settlement and dismissing the lawsuit with prejudice should be entered; and (c) whether Class Counsel’s application for attorneys’ fees and expenses and incentive award for the named Plaintiffs should be granted.

For more information on the BMW 6 Series Ellipsoid 121-Style Wheel class action lawsuit settlement, to learn how to participate in or exclude yourself from the class action settlement and any deadlines, and/or for updates on the class action settlement, visit the BMW 6 Series Ellipsoid 121-Style Wheel class action settlement website:

http://www.gilardi.com/BMW-Ellipsoid121StyleWheel

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