If you purchased or leased a model year 2009–2013 BMW X5 xDrive35d or 2009–2011 BMW 335d, you may be entitled to a cash payment from a class action settlement.
A $6 million Settlement has been reached in a class action lawsuit filed against BMW of North America, LLC and Bayerische Motoren Werke Aktiengesellschaft (collectively, “BMW” or the “BMW Defendants”). The lawsuit claimed that BMW developed, advertised, and sold model year 2009–2013 BMW X5 xDrive35d and 2009–2011 BMW 335d vehicles that were equipped 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. BMW denies all allegations and settled this lawsuit to avoid further litigation. The Court has not decided who is right.
If you purchased or leased a model year 2009–2013 BMW X5 xDrive35d or 2009–2011 BMW 335d vehicle on or before February 28, 2024, you may be eligible for a Cash Award. Cash Awards will be pro rata shares of the Net Settlement Fund based on each Settlement Class Member’s respective length of ownership and/or lease of their Class Vehicle. You may be a Class Member even if you no longer own or lease a 2009-2013 BMW X5 xDrive35d or 2009-2011 BMW 335d.
Your legal rights are affected whether or not you act. Please read the Frequently Asked Questions (FAQs) of this website carefully for a summary of the Settlement and your rights and options.