BMW 2024 Diesel Litigation settles for $6,000,000

If you purchased or leased a model year 2009–2013 BMW X5 xDrive35d or 2009–2011 BMW 335d, you may be eligible to claim a cash payment from a class action settlement.

BMW of North America, LLC and Bayerische Motoren Werke Aktiengesellschaft have agreed to pay $6,000,000 to settle a class action lawsuit for alleged fraudulent concealment and violations of various states’ consumer protection acts. The lawsuit claimed that BMW developed, advertised, and sold vehicles equipped with "defeat devices" that turned off or down emissions controls during normal operation, but not during regulatory testing. BMW denies all allegations but settled to avoid further litigation.

Who Can Submit a Claim?

To be eligible for a cash payment:

• You must have purchased or leased the vehicle on or before February 28, 2024.
• You can be a current or former owner or lessee of the vehicle.
• Both individual and business purchasers or lessees are eligible.

How Much Can Class Members Get?

The $6 million Settlement Amount will provide Cash Awards to all Settlement Class Members. The amount each member receives will be a pro rata share of the Net Settlement Fund based on the length of ownership and/or lease of their Class Vehicle.

For example, if the Net Settlement Fund is $5,000,000 and there are 10,000 valid claims, the average award per claim would be $500. However, the actual amount will vary based on the length of ownership or lease.

• Current Owners: If you currently own the vehicle, you will receive a higher pro rata share.
• Former Owners: If you previously owned the vehicle, your share will be calculated based on the length of time you owned the vehicle.

Is Proof Required to Submit a Claim?

Yes, proof is required to claim the reward.

Claimants must submit a Valid Claim Form with the following information:

• Vehicle model and year
• Vehicle Identification Number (VIN)
• Status of Ownership or Lease
• Dates of Ownership or Lease Period

Supporting Documentation

Claimants must also submit supporting documentation with their Valid Claim Form:

Claimants who currently own the vehicle:

• Current vehicle registration
• Driver’s license or other government-issued photo identification
• Proof that you purchased the vehicle and when (which may include your bill of sale, title, registration from time of purchase, DMV registration history, financing agreement, or insurance document listing the vehicle purchase date)
• If you purchased your vehicle from a lease, please provide proof of when your lease began (such as proof of first lease payment or lease agreement)

Claimants who previously owned the vehicle:

• Driver’s license or other government-issued photo identification
• Proof that you purchased the vehicle and when (which may include your bill of sale, title, registration from time of purchase, DMV registration history, financing agreement, or insurance document listing the vehicle purchase date)
• If you purchased your vehicle from a lease, please provide proof of when your lease began (such as proof of first lease payment or lease agreement)
• Proof of when you sold or transferred title to the vehicle (which may include a bill of sale, copy of title transfer, trade-in receipt, or insurance transfer document)

Claimants who currently lease the vehicle:

• Current vehicle registration
• Driver’s license or other government-issued photo identification
• Lease agreement or proof of a monthly lease payment

Claimants who currently previously leased the vehicle:

• Driver’s license or other government-issued photo identification
• Proof of when your lease began (such as proof of first lease payment or lease agreement)
• Proof of when your lease ended (such as a proof of final lease payment, lease termination agreement, or lease completion letter)

How to Claim an Award

To claim an award, you must fill out and submit a Claim Form along with the required supporting documentation. You can file a claim online at this link or download a paper Claim Form from the website.

The completed Claim Form must be submitted online by December 18, 2024, or by mail at the following address:

BMW X5 xDrive35d and 335D Settlement

P.O. Box 2390

Portland, OR 97208-2390

Claim steps

1. Visit the official settlement website and download the Claim Form.
2. Fill out the Claim Form with your personal information and details about your Class Vehicle.
3. Gather the required supporting documentation.
4. Submit the Claim Form and supporting documents online or mail them to the Settlement Administrator.

How Do I Get Paid?

Once your claim is approved, you can choose to receive your payment via Venmo, PayPal, ACH, or Zelle. If you prefer a physical check, do not submit the Payment Election Form.

$6,000,000 Settlement Fund

The settlement fund of $6,000,000 will cover the following:

• Cash Awards to Settlement Class Members.
• Notice and Administrative Costs.
• Attorneys’ Fees and Costs.
• Service Awards to the Named Plaintiffs.

Class Counsel has asked for an award of attorneys’ fees up to one-third ($2 million) of the $6 million Settlement Fund, plus reimbursement of litigation costs up to $1,000,000. Service Awards of $5,000 each for the Named Plaintiffs have also been requested.

Important Dates

• Fairness Hearing: September 19, 2024
• Deadline to File a Claim: December 18, 2024

When is the BMW Diesel Settlement Payout Date?

The awards will be paid after the Court approves the Settlement and any appeals are resolved. This process can take time, so please be patient.

Why is There a Class Action Settlement?

This settlement resolves claims that BMW of North America, LLC and Bayerische Motoren Werke Aktiengesellschaft developed, advertised, and sold vehicles with so-called “defeat devices” that turned off or down emissions controls when the vehicles were in normal operation and not in a regulatory testing environment.

What Happens Next?

The next steps include the Fairness Hearing on September 19, 2024, where the Court will decide whether to approve the Settlement. If approved, the Settlement Administrator will begin processing claims and distributing awards.