If You Connected To The BMW AssistTM Program Between October 13, 2009 And February 1, 2011, You May Be Entitled To Benefits Under A BMW Assist Class Action Settlement.
A class action settlement has been reached in a class action lawsuit against BMW of North America, LLC (“BMW”) and its telematics services provider, Agero Connected Services, Inc. (formerly known as ATX Group, Inc.)(“Defendants”) pending in the United States District Court Central District of California (styled Skuro v. BMW of North America, LLC,, Class Action Case No. 10-8672-GW (FFMx)), alleging, among other things, that defendants recorded BMW AssistTM calls without first disclosing that a call may be monitored or recorded and asserting alleged claims for Invasion of Privacy (Cal. Penal Code section 630 et seq.), Negligence, Violation of Common Law Right of Privacy, and Violation of California Business and Professions Code section 17200 et seq. (“UCL”), according to the BMW Assist call monitoring or recording class action settlement notice.
The District Court in the BMW Assist call monitoring or recording class action lawsuit reportedly certified a class that includes all Individuals who connected to the BMW AssistTM program between October 13, 2009 and February 1, 2011 and the BMW vehicle owner was receiving benefits in the BMW Assist™ program with a California billing address, unless otherwise excluded.
BMW Assist call monitoring or recording class action settlement class members may reportedly elect to receive a cash payment of up to $50, OR a BMW AssistTM service benefit, i.e., either a 6-month upgrade to the BMW Assist™ “convenience plan” (for Class Members who currently have an active basic safety plan on their BMW vehicle), or a 6-month extension to the BMW Assist™ basic safety plan (for Class Members who currently have an active basic safety plan on their BMW vehicle, or Class Members who have no BMW Assist™ Service on their Class Vehicle) (with costs of re-provisioning vehicle, if any, to be paid by claimant).
To receive a cash payment, BMW Assist settlement class members must submit a Claim Form, postmarked to the Claims Administrator or submitted online, no later than July 10, 2012. To receive a BMW service benefit, settlement class members must submit a BMW AssistTM Subscription Agreement Addendum during the Enrollment Period no later than July 10, 2012.
On August 27, 2012 at 8:30 a.m., in Courtroom 10, 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 George H. Wu, United States District Judge, will hold a fairness hearing for the purpose of deciding (a) whether the BMW Assist call monitoring or recording settlement should be approved as fair, reasonable, and adequate for the class; (b) whether a judgment granting approval of the BMW Assist call monitoring or recording 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 Plaintiff should be granted.
For more information about the BMW Assist call monitoring or recording class action settlement, visit the Skuro v. BMW of North America LLC settlement website:
www.BMWAssistSettlement.com
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