—BMW shark fin antenna lawsuit will continue but excludes certain claims, including warranty and unjust enrichment claims.
According to the class-action lawsuit, BMW’s shark fin antennas had a sealant problem that allowed water to seep into the vehicles.
Water can damage several parts of these BMW vehicles:
2017-2023 BMW M440i
2017-2023 BMW M550i
2017-2023 BMW X1
2017-2023 BMW X3
2017-2023 BMW X4
2017-2023 BMW X5
2017-2023 BMW X6
2017-2023 BMW X7
2017-2023 BMW 330
2017-2023 BMW 340i
2017-2023 BMW 750i
BMW shark fin antenna class action lawsuit includes:
“Any person or entity that: (1) is a current or former owner and/or lessee of a Class Vehicle; and (2) resides in California and purchased a Class Vehicle primarily for personal, family, or household purposes (such as California Civil Code § 1791(a).
California plaintiff Tim Craft purchased a certified pre-owned 2019 X5 xDrive 40i in April 2023. In March 2024, when his BMW had about 30,000 miles on the road, the emergency call system, GPS navigation system, hands-free phone microphone and BMW Comfort Access system malfunctioned.
The lawsuit also alleges that the BMW would intermittently start but not start, and that it appeared to happen after heavy rain.
The plaintiff said the problem became more severe, so he took the vehicle to a BMW dealership in May 2024. BMW technicians discovered water damage to the telematics control module and recommended replacing the module and shark fin antenna.
The plaintiff was told the repairs would cost $2,500, but he “paid $92 for the necessary repairs because he needed a safe and usable vehicle,” according to the BMW class action lawsuit.
He subsequently filed a class-action lawsuit against BMW, claiming more than $5 million.
The shark fin antenna lawsuit alleges that BMW knew the vehicles were defective but failed to tell the plaintiffs and other consumers. BMW also allegedly failed to adequately repair the sealant issue for free.
Motion to Dismiss BMW Shark Fin Antenna Lawsuit
The plaintiff claims he discussed the vehicle with a BMW sales representative and checked the window sticker, but BMW failed to tell him about the alleged shark fin antenna sealant issue.
The judge said he must interpret all the allegations in favor of the plaintiffs, so the plaintiffs’ allegations were sufficient to show BMW knew about the alleged defects before the vehicles were sold.
The judge also ruled that the plaintiff showed he would have acted differently with the purchase if BMW had warned him about the alleged shark fin antenna sealant problem.
“Because the plaintiff alleges that the seal defect posed a ‘significant safety threat,’ it is reasonable to infer that if the defect had been disclosed through a window sticker or a sales representative, the plaintiff ‘would not have purchased his vehicle, or would have paid less for it.'” ‘” – Judge William J. Martini
This led the judge to deny BMW’s motion to dismiss statutory and California common law fraud claims.
According to the class action lawsuit, BMW’s warranty limitations should not apply to shark fin antennas because the warranty is “unreasonable.”
BMW said its new car warranty was four years or 50,000 miles, but the plaintiff’s warranty expired before he sent the vehicle in for repair of the shark fin antenna.
Courts may refuse to enforce an unconscionable contract, but in this case, the judge granted BMW’s motion to dismiss the express and implied warranty claims.
In addition to dismissing the warranty claim, Judge Martini also dismissed the affirmative misrepresentation and unjust enrichment claims.
BMW class action lawsuit will move forward based on California consumer protection claims.
BMW shark fin antenna sealant lawsuit filed in U.S. District Court for the District of New Jersey: Tim Craft v. BMW of North America, LLC et al..
The plaintiff is represented by Sauder Schelkopf LLC.
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