BMW Antenna Water Leak Lawsuit Says 2017-2023 Models At Risk of Electrical Damage, Corrosion
Craft v. BMW of North America, LLC et al.
Filed: June 7, 2024 ◆§ 1:24-cv-06826
A class action lawsuit alleges some 2017-2023 BMWs are plagued by water leakage due to defective sealing around their roof-mounted shark fin antennas.
BMW of North America, LLC Bayerische Motoren Werke Aktiengesellschaft AG Munich Germany
Magnuson-Moss Warranty Act California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act Song-Beverly Consumer Warranty Act
New Jersey
A proposed class action lawsuit alleges certain 2017-2023 BMW models are plagued by water leakage stemming from defective sealing around their roof-mounted “shark fin” antennas.
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The 43-page BMW antenna water leak lawsuit says the seams of the shark fin antennas on 2017-2023 model year BMW M440i, M550i, X1, X3, X4, X5, X6, X7, 330, 340i and 750i vehicles, and possibly others, can allow water to enter, which can lead to corrosion of interior electrical components, water collection in vehicle body cavities, and interior water damage.
In the BMW models at issue, the antenna’s equipment and electrical components are housed within the shark fin-like carbon fiber structure, which is attached to the roof through a sealing and paint application process, the suit explains. Per the case, the alleged antenna water leak defect poses a risk to drivers, passengers and others who share the road with them in that water infiltration can cause the failure of vital vehicle components, including the BMW Intelligent Emergency Call system, GPS and radio systems.
The lawsuit accuses BMW of North America of actively concealing the antenna water leak problem from drivers while also hiding the fact that the seemingly widespread issue would damage the intrinsic and resale value of consumers’ BMWs. According to the complaint, BMW has failed to fix the issue at no cost to drivers, whether it manifests within or outside of a vehicle’s warranty period.
“Defendants have long been aware of the Defect,” the proposed class action claims. “Despite their longstanding knowledge, Defendants have been unable or unwilling to adequately repair the Class Vehicles at no cost to consumers when the Defect manifests.”
Despite voluminous complaints submitted to dealers and the National Highway Traffic Safety Administration (NHTSA), BMW has not recalled affected vehicles over the antenna water leak problem or offered suitable repairs, replacements or reimbursement to impacted drivers, the filing relays.
“Plaintiff’s experiences are by no means isolated or outlying occurrences. Indeed, the internet is replete with examples of blogs and other websites where consumers have complained of the exact same Defect in the Class Vehicles.”
As the suit tells it, BMW was forced to acknowledge the inherent problem only after the number of complaints grew and proposed class members “grew dissatisfied with the performance” of their vehicles. Once a leak occurs, the lawsuit says, it is only a matter of time until water infiltration damages electrical components and the vehicle’s interior.
“The electrical components themselves, housed within and beneath the antenna structure, are not waterproof. Thus, any manufacturing and/or design defect in the seal may allow water to infiltrate, causing the electrical systems to malfunction and/or fail.”
When the antenna water leak defect manifests, a BMW driver may also experience the unnecessary activation of their vehicle’s Intelligent Emergency Call system, which replaces all display screen functions with an SOS message and renders all other functions inoperable for several minutes while the car contacts the BMW Assist response center, the complaint relays.
According to the suit, the cost to repair the BMW water leak problem can range from $2,000 to $5,000.
The BMW antenna water leak class action lawsuit looks to cover all persons or entities who are current or former owners and/or lessees of a 2017-2023 model year BMW M440i, M550i, X1, X3, X4, X5, X6, X7, 330, 340i or 750i; reside in California; and bought their vehicle primarily for personal, family or household purposes.
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