Class Action Says Sirius XM-Linked Software Update Permanently Damaged Porsche Infotainment Systems [UPDATE]
Last Updated on March 6, 2023
Bowen v., Porsche Cars N.A., Inc.
Filed: January 29, 2021 ◆§ 1:21-cv-00471
A class action centers on a software update that allegedly caused permanent damage to the infotainment systems found in thousands of 2010-present model year Porsche vehicles.
March 6, 2023 – Porsche Infotainment System Damage Class Action Settled
The federal judge overseeing the proposed class action detailed on this page has granted preliminary approval to a settlement that will compensate all eligible consumers who spent time or money addressing Porsche Communication Management 3.1 (PCM) system rebooting issues.
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According to U.S. District Judge Mark H. Cohen’s February 22 order, the court is “likely” to grant final approval to the deal after a fairness hearing is held on June 21, 2023. If approved, the settlement will cover anyone in the United States who, as of May 20, 2020, owned or leased any eligible Porsche vehicle equipped with an XM radio antenna and Porsche Communication Management 3.1 system.
The January 11 settlement agreement says that eligible class members can choose to be reimbursed by Porsche for up to $7,500 per eligible vehicle for any out-of-pocket expenses related to resolving PCM rebooting, such as PCM replacements, PCM repairs or battery replacements, and any costs associated with towing the vehicles, rental cars or other “alternative transportation costs.” In the alternative, eligible consumers who had their PCM 3.1 systems fixed at no cost, but who spent time addressing rebooting issues, can choose to receive either $25 in cash or a $50 dealership credit, settlement documents state.
Both compensation options will be available to class members whose eligible Porsche vehicles have experienced or will experience PCM 3.1 rebooting problems within the 12 months following the June 21 final approval hearing, settlement documents state. A class member may only recover compensation once per eligible vehicle, and may submit a claim under either settlement option, but not both.
Covered Porsche owners should expect to receive an email or mailed notice regarding this settlement. An official settlement website will also be set up where people can find more information about the deal. ClassAction.org will update this page when the official Porsche Communication Management System settlement site, porschepcmsettlement.com, goes live.
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A software update related to a May 2020 Sirius XM promotion has caused permanent damage to the infotainment systems found in thousands of Porsche vehicles, a proposed class action claims.
The 28-page suit claims certain Porsche owners and lessees have been unable to use their touchscreen Porsche Communication Management (PCM) units since downloading the update. The glitch, the case alleges, has caused the Porsche infotainment systems to continuously reboot, or activate and deactivate “on an almost constant basis,” and has drained car batteries, destroyed PCM hard drives and sparked “countless other inconveniences.”
According to the suit, Porsche vehicles affected by the malfunction include 2010-present model year Panamera, Cayenne, 911, Macan, Cayman and Boxster vehicles.
Per the complaint, the damage to Porsche infotainment systems was caused by a remote digital signal carrying a software or firmware update to the vehicles. This signal originated either from Porsche or from satellite radio provider Sirius XM “at Porsche’s direction or with Porsche’s facilitation,” the case claims.
As the lawsuit tells it, neither the plaintiff, a 2011 Panamera owner who is not a Sirius XM subscriber, nor proposed class members gave permission for Porsche to send the software update to their vehicles. The complaint alleges Porsche “knew or should have known” that Sirius-related software updates could put customers’ PCMs at risk yet transmitted or facilitated the transmission of the update all the same without taking appropriate vetting measures.
“If Porsche had adequately tested the Update prior to transmitting it, or facilitating its transmission, to the vehicles, the Malfunction would have been detected before it affected Porsche vehicles,” the plaintiff asserts.
Most of the roughly 60,000 vehicles Porsche sells each year in the U.S. come equipped with a satellite radio antenna, and all of the cars are sold with a PCM, the suit begins. According to the case, Porsche and Sirius XM have “a longstanding business relationship” dating back to 2004, with the automaker allowing and facilitating the distribution of Sirius products, including hardware and software for satellite radio programming, in Porsche vehicles.
Proper functionality of the PCM’s data processing and communication capabilities is important to the overall operation and enjoyment of Porsche vehicles, the suit stresses.
Around Memorial Day last year, Sirius provided promotional content to all Porsche vehicles equipped with a satellite radio antenna, the case says. In connection with the Memorial Day promotion, Porsche either transmitted or facilitated Sirius’s transmission of the update to all eligible vehicle models—those with a PCM system 3.0 or 3.1—without advance notice and “regardless of whether the owner was a Sirius customer,” the suit claims.
The issue with the Sirius update, the lawsuit says, is that it could not write over existing software on the PCM hard drive. From the complaint:
“The Update caused the same Malfunction: the PCM entering a near continuous reboot cycle, draining the vehicle’s battery, damaging the PCM hard drive, depriving the owner of the ability to enjoy his vehicle, causing an irritating and potentially dangerous ‘static’ noise, and resulting in numerous other significant problems.”
Almost immediately after the update was transmitted, Porsche drivers took to various online forums to voice their complaints, the case goes on to say.
According to the lawsuit, the approximate cost of replacing a malfunctioning PCM is between $2,000 and $4,000, with a Porsche car battery replacement costing around $600. Porsche has typically not made repairs related to the botched software update for free, leaving drivers to bear the full cost, the suit says.
Per the complaint, the Porsche software update issue is ongoing, as drivers have yet to be presented with a complete, permanent solution.
“Class members have been forced to choose between paying to replace their PCMs on the one hand and suffering ongoing inconvenience and property damage as a result of the malfunction on the other,” the lawsuit reads.
The suit looks to represent all entities and individuals who, on the date the software update was transmitted, owned or leased a Porsche vehicle equipped with an XM radio antenna and Porsche Communication Management system 3.0 or 3.1 that received the update.
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