A Court has authorized the notice because you have a right to know about the proposed settlement of this class-action lawsuit, and your options, before the Court decides whether to give “final approval” to the Settlement. This notice explains the lawsuit, the proposed Settlement, and your legal rights. You have received this notice because BMW’s records indicate that you are a current or former owner or lessee of a model-year 2013 through 2019 BMW 5 Series, 6 Series, 7 Series, X5 or X6 vehicles that contains the N63TU1 engine purchased or leased in the United States or Puerto Rico.
Magistrate Judge Edward S. Kiel of the United States District Court for the District of New Jersey is overseeing this class-action lawsuit, known as Isley, et al. v. BMW of North America, LLC, Civil Action No. 2:19-cv-12680 (the “Action”). Thomas Isley, Jeffery Quinn, Vipul Khanna, Walington Urena, Daniel Gulick, Michael Henchy Jr., Angela Bovenzi, Jonathan Yehuda, and Paul Hoffner, the people who sued, are called the “Plaintiffs,” and the company that was sued, BMW of North America, LLC (“BMW NA”), is called the “Defendant.”
2. WHAT IS THE LAWSUIT ABOUT?
This lawsuit involves model-year 2013 through 2019 BMW 5 Series, 6 Series, 7 Series, X5 or X6 vehicles that contain the N63TU1 engine that were purchased or leased in the United States or Puerto Rico (the “Class Vehicles”). The lawsuit alleges that the Class Vehicles consume excessive amounts of engine oil, requiring additional oil changes and the need for adding engine oil between regular oil changes. BMW NA, which distributes and warrants BMW vehicles in the U.S., denies these allegations and stands behind and supports its products.
3. WHY IS THIS A CLASS ACTION?
In a class action, one or more people called “Class Representatives” assert claims on behalf of people who have similar claims. All of these people are the “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who timely exclude themselves from (or “opt out” of) the Class. The Class Representatives in the Action are the Plaintiffs identified above. You have received this notice because you have been identified as potentially being a Class Member.
4. WHY IS THERE A SETTLEMENT?
All parties have agreed to a Settlement to avoid further cost and risk of a trial, and so that the people affected can begin getting benefits in exchange for releasing the Defendant from liability for the claims that were raised or could have been raised in the Action involving the Class Vehicles’ alleged engine oil consumption issues. The Settlement does not mean that the Defendant broke any laws, or otherwise did anything wrong, because Judge Kiel did not decide which side was right. The Class Representatives and the lawyers representing them think the Settlement is fair and reasonable for the Class.
5. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT? WHAT VEHICLES ARE INCLUDED IN THE SETTLEMENT?
The Settlement Class includes all persons or entities in the United States and Puerto Rico who currently own or lease, or previously owned or leased, certain U.S. specification model-year 2013 through 2019 BMW 5 Series, 6 Series, 7 Series, X5 or X6 vehicles that contain the N63TU1 engine purchased or leased in the United States or Puerto Rico, which include the following vehicles:
Please note that not all vehicles in the model years identified above contained the N63TU1 engine at issue in the Action. You have received the notice because BMW NA’s records indicate that you have or had a BMW vehicle with an N63TU1 engine. If you’re not sure whether you are included in the Settlement Class, you may call (toll-free) 1-888-208-0032 with questions.
6. WHAT AM I GIVING UP IN EXCHANGE FOR THE SETTLEMENT BENEFITS?
If the Settlement becomes final, Class Members will be releasing Defendant and related people and entities from all of the claims described and identified in Section VII.A of the Settlement Agreement. In essence, the claims released by Class Members are all claims (except for personal injury or damage to property other than the Class Vehicle) that could arise based on excess engine oil consumption in the Class Vehicles. The Settlement Agreement is available HERE. The Settlement Agreement describes the released claims with specific descriptions, in necessarily accurate legal terminology, so read it carefully. Judge Kiel has appointed specific lawyers to represent you in this lawsuit and Settlement. You can talk to one of the lawyers listed in Answer 14 below, free of charge, if you have questions about the released claims or what they mean. You can also speak with your own lawyer, should you have one, about this Settlement.
7. HOW DO I GET THE BENEFITS OF THE SETTLEMENT?
If are a Class Member and would like to obtain the other Service Campaign benefits described on Benefits of the Settlement page in section B., above, you can do so after the Effective Date of the Settlement by making an appointment for the Service Campaign with an authorized BMW Center in your area. The Effective Date is thirty (30) days after Judge Kiel gives final approval of the Settlement, unless an appeal is filed, in which case it may be longer.
If you are a Class Member and would like to obtain the Reimbursement Benefits (described on the Benefits of the Settlement page in section A., above), you need to complete the Claim Form and mail or email it, with all the required proofs, to the address provided on the Claim Form. Additional Claim Forms are available HERE. The current deadline for submitting Claim Forms is February 9, 2022.
These benefits are also subject to limitations, which are discussed on the Benefits of the Settlement page.
8. WHAT IF MY CLAIM IS DENIED?
There is a process in the Settlement Agreement to resolve disagreements between you and Defendant over your claim. During this process, the court-appointed lawyers listed in the answer Question 14 below will represent you in any dispute regarding relief under the terms of the Settlement, and the dispute will be handled in accordance with the procedures set forth in the Settlement Agreement. You may have the right to appeal any denied claim to a Special Master. If you have questions regarding this process, please see a copy of the Settlement Agreement, or contact Class Counsel below.
9. WHEN WILL I GET THE SETTLEMENT BENEFITS?
- If you have submitted a claim, your Claim Form will be processed and payments will be issued on a continuing, rolling basis after the Effective Date.
- After the Effective Date, you can schedule an appointment with your BMW Center for Oil-Consumption Testing and, if required, engine replacement.
- All other benefits discussed will be valid after the Effective Date.
10. CAN I EXCLUDE MYSELF FROM THIS SETTLEMENT?
Yes. If you want to keep the right to sue or if you are already suing Defendant in another action over the legal issues in this case, then you must take steps to opt out of this Settlement. This is called asking to be excluded from – sometimes called “opting out” of – the Settlement.
11. IF I EXCLUDE MYSELF, CAN I GET ANYTHING FROM THIS SETTLEMENT?
No. If you ask to be excluded, you cannot object to the Settlement and you will not receive any of the benefits of the Settlement. But you may sue, continue to sue, or be part of a different lawsuit against Defendant in the future, including for claims that this Settlement resolves. You will not be bound by anything that happens in this lawsuit.
12. IF I DON'T EXCLUDE MYSELF, CAN I SUE LATER?
No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that this Settlement resolves.
13. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?
To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from Isley v. BMW of North America, LLC, Case No. 2:19-cv-12680 (ESK). Be sure to include: (1) your full name and current address; (2) the model-year and VIN of your Class Vehicle(s) and the date(s) of purchase/lease; (3) specifically and clearly state your desire to be excluded from the Settlement and from the Settlement Class; and (4) your signature. You cannot ask to be excluded over the phone or via the internet. You must mail your request to be excluded, postmarked no later than November 30, 2021, to the address listed on the Contact Us page.
Failure to comply with any of these requirements for excluding yourself may result in you being bound by this Settlement.
14. DO I HAVE A LAWYER IN THE CASE?
The Plaintiffs and you have been represented by lawyers and a law firm that has prosecuted this case. Judge Kiel has appointed the following lawyers to represent you and other Class Members as “Class Counsel”:
You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.
15. HOW WILL THE LAWYERS BE PAID?
As part of the resolution of the Action, Class Counsel and Defendants have agreed that Class Counsel may apply for an award of attorneys’ fees, costs, and expenses not to exceed $1,900,000.00, inclusive of service awards to the nine Plaintiffs in the amount of $3,000.00 ($27,000.00 in total). Defendant has agreed not to oppose this request. The Parties have also agreed that Class Counsel will not seek payment of any amount in excess of $1,900,000.00 for attorneys’ fees, costs, and expenses inclusive of service awards to the nine Plaintiffs in the amount of $3,000.00 ($27,000.00 in total) if awarded by Judge Kiel. The Class Counsel fees and expenses, inclusive of the service awards to the class representatives, will be paid separate and apart from any relief provided to the Class and will not reduce the value of the benefits distributed to Class Members. Defendant will also separately pay the costs to administer the Settlement. Judge Kiel will determine the amount of attorneys’ fees, costs, and expenses and service awards after evaluating Plaintiffs’ submission.
16. HOW DO I TELL THE COURT IF I DON'T LIKE THE SETTLEMENT?
You can object to the Settlement if you don’t like some part of it. You can give reasons why you think Judge Kiel should not approve it. To object, send a letter saying that you object to the Settlement in Isley v. BMW of North America, LLC, Case No. 2:19-cv-12680 (ESK). You must include: (1) your full name, current address, current telephone number, and the name of your lawyer and your lawyer’s address if you are represented by a lawyer other than Class Counsel; (2) the model year and VIN of your Class Vehicle(s) and the date(s) of purchase or lease; (3) whether the objection applies only to the objecting Class Member, to a specific subset of the Class, or to the entire Class; (4) the reasons why you object and the factual and legal reasons for your objection (including all relevant documents that pertain to your objection); (5) copies of relevant repair history or other proof that the objector has owned or leased the Class Vehicle (i.e., a true copy of a vehicle title, registration, or license receipt); (6) a statement that you have reviewed the Settlement Class definition and understand that you are a Settlement Class Member, and you have not opted out of the Settlement Class; (7) a detailed list of any other objections to any class action settlements you submitted to any court, whether state, federal, or otherwise, in the United States in the previous five (5) years; (8) a Notice of Intention to Appear at the Final Approval Hearing if you intend to appear in person at the hearing; and (9) your signature.
The objection must be mailed to the Court, the Claims Administrator, Class Counsel, and Defendant’s Counsel at the below addresses. The mailed copies must be postmarked on or before November 30, 2021:
17. WHAT'S THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING?
Objecting is simply telling Judge Kiel that you don’t like something about the Settlement. You can object only if you stay in the Settlement. Excluding yourself is telling Judge Kiel that you don’t want to be part of the Settlement. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.
18. WHEN AND WHERE WILL JUDGE KIEL DECIDE WHETHER TO APPROVE THE SETTLEMENT?
Judge Kiel will hold a “Final Approval Hearing” to decide whether to approve the Settlement on January 10, 2022, at 10 a.m., at Courtroom 8 in the United States District Court for the District of New Jersey, Newark Division, Frank R. Lautenberg U.S. Post Office & Courthouse Building, 2 Federal Square, Newark NJ 07102. At this hearing, Judge Kiel will determine whether the Settlement is fair, adequate, and reasonable and whether the objections by Class Members, if any, have merit. If you have filed an objection on time, you may attend and ask to speak, but you don’t have to. However, Judge Kiel will only listen to people who have asked to speak at the hearing (See Question 21 below). At this hearing, Judge Kiel will also decide the service awards for the Class Representatives, as well as the attorney’s fees for the lawyers representing the Class Members. We do not know how long the Court’s decision will take, and the hearing date may change due to other court business. You should monitor this website to find out if any dates have changed and to learn if Judge Kiel has approved the Settlement.
19. DO I NEED TO GO TO THE HEARING?
No. Class Counsel will answer any questions Judge Kiel may have, but you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mail your valid written objection on time, Judge Kiel will consider it. You may also pay another lawyer to attend, but that is not required.
20. MAY I SPEAK AT THE HEARING?
You may ask Judge Kiel for permission to speak at the Final Approval Hearing. To do so, you must file a “Notice of Intent to Appear” in Isley v. BMW of North America, LLC, Case No. 2:19-cv-12680 (ESK). Be sure to include your name, address, telephone number, signature, and other requirements outlined in Answer 17. Your Notice of Intent to Appear must be postmarked no later than November 30, 2021 and mailed to the addresses listed in Answer 16. You cannot speak at the hearing if you have excluded yourself from the Settlement.
21. WHAT IF I DO NOTHING?
If you do nothing, you will give up the right to be part of any other lawsuit against Defendant about the legal claims released by the Settlement. You will still be entitled to take your Class Vehicle to a BMW Center for the Service Campaign benefits described in Answer 6, above. However, you will not receive any of the benefits described on the Benefits of the Settlement page offered by this Settlement unless you timely submit a Claim Form.
22. ARE THERE MORE DETAILS ABOUT THE SETTLEMENT?