BMW X5 xDrive35d and 335D Settlement

Basic Information

1. Why should I read the Notice?

   A Court has preliminarily established, or “certified,” this case as a class action lawsuit for purposes of settlement.

   The Notice and this website explain the class action lawsuit, the proposed Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get the benefits. If you are a Settlement Class Member, you have legal rights and options before the Court decides whether to give final approval to the proposed Settlement. This website explains all of these things. For the precise terms and conditions of the Settlement, please review the Settlement Agreement.

   The Court in charge of this case is the United States District Court for the District of New Jersey. The lawsuit is known as Rickman v. BMW of North America, LLC, No. 2:18-cv-04363.

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2. What is this lawsuit about?

   This lawsuit asserts claims for fraudulent concealment and violations of various states’ consumer protection acts.

   The lawsuit alleges that the BMW Defendants defrauded consumers by developing, advertising, and selling model year 2009–2013 BMW X5 xDrive35d or 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. The BMW Defendants deny all allegations. The Court has not decided who is right.

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3. What is a class action?

   In a class action lawsuit, one or more persons or entities called named plaintiffs sue on behalf of other persons and entities that have similar claims. The people and entities together are a “Settlement Class” or “Settlement Class Members.” In this lawsuit, the people who sued are called the “Named Plaintiffs.” The entities they are suing, BMW of North America, LLC and Bayerische Motoren Werke Aktiengesellschaft, are called the “BMW Defendants.” One court resolves the issues for everyone in the Settlement Class, except for those people who chose to exclude themselves (opt out) from the Settlement Class.

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4. Why is there a Settlement?

   The Court has not decided in favor of the Named Plaintiffs or the BMW Defendants. Instead, both sides agreed to a Settlement. By agreeing to settle, both sides avoid the cost and risk of a trial, and all Settlement Class Members who did not opt out and who complete a Valid Claim Form will receive a Cash Award. The Named Plaintiffs and Class Counsel believe the Settlement is best for the Settlement Class and represents a fair, reasonable, and adequate resolution of the lawsuit.

   The BMW Defendants deny the claims in the lawsuit; deny all allegations of wrongdoing, fault, liability, or damage to the Named Plaintiffs and the Settlement Class; and deny that they acted improperly or wrongfully in any way. The BMW Defendants nevertheless recognize the expense and time that would be required to defend the lawsuit through trial and have taken this into account in agreeing to this Settlement.

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Who is in the Settlement

To see if you are eligible for benefits, you first have to determine if you are a Settlement Class Member.

5. Am I part of the Settlement?

   You are a Settlement Class Member 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.

   Excluded from the Settlement are (i) the BMW Defendants and their officers, directors, employees, and the BMW Defendants’ corporate affiliates and corporate affiliates’ officers, directors, and employees; (ii) Class Counsel; (iii) the judges who have presided over the Action; (iv) Persons who have settled with, released, or otherwise had claims dismissed with prejudice or had claims adjudicated on the merits against the BMW Defendants arising from the same allegations or circumstances as the Action; and (v) all other persons who have timely elected to become Opt-Outs from the Settlement Class in accordance with the Court’s Orders and as approved by the Court.

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6. What are the Class Vehicles?

   The “Class Vehicles” are model year 2009–2013 BMW X5 xDrive35d and model year 2009–2011 BMW 335d vehicles.

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The Settlement Benefits—What You Get

7. What does the Settlement provide?

   The $6 million Settlement Amount, now approved by the Court, will provide Cash Awards to all Settlement Class Members. Notice and Administrative Costs, Attorneys' Fees and Costs and Service Awards to the Named Plaintiffs will also be paid out of the Settlement Amount.

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8. What can I get from the Settlement?

   Cash Award: If you are a Settlement Class Member and you submit a Valid Claim Form with any necessary supporting documentation, you are eligible to receive a Cash Award. Your Cash Award will be a pro rata share of the Net Settlement Fund based on each Settlement Class Member’s respective length of ownership and/or lease of their Class Vehicle.

   If any unclaimed funds remain in the Net Settlement Fund after the initial Cash Awards are distributed, there shall be a second round of distributions to Settlement Class Members who cashed their checks or successfully received an electronic payment via the first distribution of Cash Awards. To the extent funds remain unclaimed after the Second Distribution, additional distributions will be made to Settlement Class Members who cashed their initial checks in the same manner. If Class Counsel, the BMW Defendants and the Settlement Administrator determine that any re-distribution is not cost effective, upon approval by the Court any amount remaining in the Settlement Fund will be distributed to recipient(s) agreed upon by the Parties and reported to the Court.

   Claims are limited to one Claim Form for each Class Vehicle owned or leased by a Settlement Class Member.

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How to Get Benefits from the Settlement

9. How can I get my Cash Award?

   If you are a Settlement Class Member and did not exclude yourself, you must fill out and submit a Claim Form and any supporting documentation to qualify for a Cash Award. You can file your Claim here. You can also download a paper Claim Form here or get one by calling the Claims Administrator at 1-877-540-1859. The completed Claim Form must be submitted online by December 18, 2024, or by mail at the address below, postmarked by December 18, 2024.

   BMW X5 xDrive35d & 335d Settlement
   c/o Settlement Administrator
   P.O. Box 2390
   Portland, OR 97208-2390

   Upon receiving a completed Claim Form, the Claims Administrator will review the documentation and confirm or deny your eligibility for a cash payment.

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10. When will I receive my Cash Award?

    The Court telephonically held the hearing on September 24, 2024, at 2:00 p.m. EDT and decided to approve the Settlement. Even with the Court approving the Settlement, there may be appeals. The appeal process can take time, perhaps more than a year. You will not receive a cash payment until any appeals are resolved. Please be patient.

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11. What am I giving up to receive these Settlement benefits?

    Unless you excluded yourself (“opted out”) from the Settlement Class by timely submitting a request for exclusion from the Settlement Class, you will remain in the Settlement Class, and that means you cannot sue, continue to sue or be part of any other lawsuit against the BMW Defendants about the claims in this case. It also means that all of the Court’s orders will apply to you and legally bind you. The Release is defined and detailed in the Settlement Agreement.

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The Lawyers Representing You

12. Do I have lawyers in this case?

    The Court has appointed attorneys from the law firms Hagens Berman Sobol Shapiro, LLP; Carella Byrne Cecchi Brody Agnell, P.C.; and Seeger Weiss LLP to represent you and the other Settlement Class Members. The lawyers are called Class Counsel. They are experienced in handling similar class action cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

    You may contact Class Counsel if you have any questions about the Notice or the Settlement. Please do not contact the Court.

    Class Counsel
    Steve Berman Hagens Berman Sobol Shapiro, LLP 1301 2nd Avenue Suite 2000 Seattle, WA 98101 Telephone: 206-623-7292 Email: Steve@hbsslaw.com	James E. Cecchi Carella Byrne Cecchi Brody Agnell, P.C. 5 Becker Farm Road Roseland, NJ 07068 Telephone: 973-994-1700 Email: jcecchi@carellabyrne.com	Christopher A. Seeger Seeger Weiss LLP 55 Challenger Road Sixth Floor Ridgefield Park, NJ 07660 Telephone: 973-679-9100 Email: cseeger@seegerweiss.com

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13. How will the lawyers be paid?

    Class Counsel has asked the Court for an award of attorneys’ fees up to one-third (1/3) ($2 million) of the $6 million Settlement Fund, and in addition to fees, reimbursement of litigation costs plus reasonable costs incurred through the Effective Date to not exceed $1,000,000. Any award of attorneys’ fees and costs will be paid from the Settlement Amount. Class Counsel also asked the Court for Service Awards of $5,000 for each of the Named Plaintiffs. The purpose of the Service Awards is to compensate the Named Plaintiffs for their time, efforts, and risks taken on behalf of the Settlement Class. Any Service Award payment to the Named Plaintiffs will be paid from the Settlement Amount. The Court may award less than these amounts. Class Counsel’s Motion for Attorneys’ Fees and Costs is available here.

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Your Rights—Excluding Yourself From the Settlement

If you did not want a Cash Award and wanted to keep the right to sue or continue to sue the BMW Defendants on your own about the legal issues in this case, then you had to exclude yourself from the Settlement (get out of the Settlement). This is called “excluding yourself”—or is sometimes referred to as “opting out” of the settlement class.

14. How do I get out of the Settlement?

    To exclude yourself from the Settlement, you had to submit a written request by U.S. Mail no later than August 6, 2024. The deadline has now passed.

    If you did not submit a timely and complete request for exclusion, you are still a Settlement Class Member and lost the opportunity to exclude yourself from the Settlement. This means that your rights will be determined in this lawsuit by the Settlement Agreement if it receives final approval from the Court.

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15. If I exclude myself, can I get anything from this Settlement?

    No. If you excluded yourself, you cannot receive a Cash Award. However, you may sue, continue to sue, or be part of a different lawsuit against the BMW Defendants.

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Your Rights—Objecting to the Settlement

You could have told the Court that you did not agree with the Settlement or some part of it.

16. How could I have told the Court that I did not like the Settlement?

    To object the Settlement, you had to submit a written request by U.S. Mail no later than August 6, 2024. The deadline has now passed.

    If you filed a timely objection, it will be considered by the Court at the Fairness Hearing. You do not need to attend the Fairness Hearing for the Court to consider your objection.

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17. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court that you do not like something about the Settlement and do not want the Court to approve the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because you are no longer part of the case.

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Your Rights—Appearing at the Fairness Hearing

18. When and where did the Court decide to approve the Settlement?

    The Court telephonically held a “Fairness Hearing” and approved the Settlement. You could have requested to attend and speak at the Fairness Hearing, but you did not have to.

    The Court telephonically held the Fairness Hearing on September 24, 2024, at 2:00 p.m. EDT.

    At the hearing, the Court heard any comments, objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and expenses. If there were objections, the Court considered them. You did not need to attend this hearing. You also did not need to attend to have a comment or objection considered by the Court. After the hearing, the Court approved the Settlement.

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19. Did I have to attend the Fairness Hearing?

    No. Class Counsel answered all questions the Judge had about why the Settlement should be approved and all claims paid. However, you were welcome to attend the hearing at your own expense. If you submitted an objection, you did not have to attend the hearing to talk about your objection. As long as you postmarked your written objection by the deadline, the Judge considered it.

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20. May I speak at the Fairness Hearing?

    If you wished to appear at the Fairness Hearing and orally present your objection to the Court, your written objection had to include your statement of intent to appear at the Fairness Hearing.

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Your Rights—Do Nothing

21. What happens if I do nothing at all?

    If you fit the Settlement Class definition described above and do nothing, you will be part of the Settlement Class, but you will not get a Cash Award from the Settlement. Unless you requested to exclude yourself from the Settlement, you will not be permitted to continue to assert claims about the issues in this case or subject to the Release in any other lawsuit against the BMW Defendants ever again.

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Getting More Information

22. Are there more details about the Settlement?

    This website summarizes the proposed Settlement. More details are in the Settlement Agreement.

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23. How do I get more information?

    You can call toll-free 1-877-540-1859; write to P.O. Box 2390, Portland, OR 97208-2390; or read the FAQs above and the documents found on the Important Documents page of this website, where you will find answers to common questions about the Settlement, motions for approval of the Settlement and Class Counsel’s request for attorneys’ fees and expenses and other important documents in the case.

    You may also contact Class Counsel.

    PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE TO INQUIRE ABOUT THIS SETTLEMENT.

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