BMW X5 xDrive35d and 335D 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.

Your Legal Rights and Options in This Lawsuit

	Your Rights and Choices	Deadline
Submit a Claim Form	The only way to get a cash payment is to submit a Claim Form.	Submit a Claim Form online or postmarked (if mailed) on or before December 18, 2024.
Provide Your Preferred Form of Payment	Submit a request that your Cash Award be paid via Venmo, PayPal, ACH, or Zelle. Note: You must file a claim to be eligible for payment under this Settlement. If you file your claim online, you will be prompted to select your preferred form of payment within the claim portal.	Provide your Preferred Form of Payment online by: November 20, 2024.
Exclude Yourself (Opt Out)	Get no Cash Award but keep any right to file your own lawsuit against the BMW Defendants about the legal claims in this case.	Request Exclusion by: August 6, 2024. (Passed)
Object	Tell the Court why you do not like the Settlement. If the Settlement is approved, you will still be bound by the Settlement, and you may still receive a Cash Award.	File an Objection by: August 6, 2024. (Passed)
Attend A Hearing	Ask to speak in Court about why you do not support the proposed Settlement or any of its provisions. The Fairness Hearing was held telephonically on September 24, 2024.	File Notice of Appearance by: August 6, 2024. (Passed)
Do Nothing	Get no cash payment. Give up legal rights.

The Court in charge of this case still has to decide whether to approve the Settlement. Cash payments will be sent if the Court approves the Settlement and after appeals are resolved. Please be patient.