BMW Convertible Roof Jam Leads to Class Action

A proposed class action was filed in New Jersey federal court last week accusing BMW of leasing and selling 6 Series convertibles despite defects which can cause the roof to jam and fail to open or close fully.

The lawsuit follows California resident Ronald Grey’s allegations that two used BMW 6 Series convertibles he bought had the same problem – and that both required work costing up to $5,000 to fix, which was not covered by warranty.

Grey purports that BMW’s technical service bulletins released to dealers show that the company was aware of the problem.

The class action states that BMW knew about the cars’ problems – which affect 2004 - 2010 models – and that the top’s failure to close or open completely, which triggered warning lights for incorrect locking, was a safety hazard. It also alleges that BMW, despite this, deceived consumers when it asked them to pay a premium for a car marketed as the “ultimate driving experience.”

Grey purports that BMW’s technical service bulletins released to dealers show that the company was aware of the problem. In 2006 a temporary fix to the problem was suggested – proving that the problem itself was known about for some time. Yet, when test driving the cars, the lawsuit asserts, no warning about the possibility of a problem was given. If it had been, it continues, Grey would either have asked for a lower price or not have bought the defective cars at all.

It’s also been suggested that the temporary fix was designed to ensure than the defect only became apparent once the warranty period had elapsed, making the car’s owner, and not the manufacture or dealer, financial responsible.

Based upon these allegations, the suit seeks damages and alleges violations of New Jersey's Consumer Fraud Act, California’s Consumers Legal Remedies Act, common law fraud, and breach of duty of good faith and fair dealing. Grey has launched the putative class action on behalf of a nationwide class of current and former owners of 2004 – 2010 BMW E64 vehicles.

There is also a California subclass.

The New Jersey case is Gray v. BMW of North America LLC, case number 2:13-cv-03417, and was filed May 31 in the U.S. District Court for the District of New Jersey.