More than five years after initiation, a class action lawsuit against BMW of North America, LLC, and other defendants is moving toward settlement. The lawsuit alleged the defendants engaged in false advertising and committed fraud by selling certain vehicles that emit excessively high levels of harmful pollutants, without informing consumers of the excessive emissions and making misstatements and omissions about the vehicles’ performance, fuel-efficiency, and emissions output.
On November 17, 2023, the plaintiffs filed a motion for preliminary approval of the class action settlement, certification of the settlement class, and approval of the proposed class notice.
According to the filing, the proposed class includes all persons who bought or leased a 2009-2013 BMW X5 xDrive 35d or 2009-2011 BMW 33d vehicle on or before the preliminary approval date, with some exceptions.
The proposed settlement provides a $6,000,000 benefit to the proposed class, from which class members who submit a claim are eligible to receive a cash award. The filing estimates 55,000 vehicles are included.
A November 22, 2023, docket entry indicates the motion is set for December 18, 2023.
The case was first filed in March 2018, asserting claims including violations of the federal Racketeer Influenced and Corrupt Organizations Act (RICO), as well as violations of state consumer protection law and common law claims.
The case is Joshua Hu, et al. v. BMW of North America LLC, et al., case number 2:18-cv-04363, in the U.S. District Court for the District of New Jersey.
