2021-2022 BMW X5, X6, X7 Cupholder SRS Warning Settlement

BMW of North America, LLC (BMW NA) has issued Service Information Bulletin SIB 01 13 23, announcing the finalization of a class action settlement. This settlement addresses a concern in certain 2019-2022 BMW X5, X6, and X7 vehicles where liquid spills from the front center console cupholders may lead to the illumination of the Supplemental Restraint System ("SRS") warning light and the display of a Check Control Message (CCM). This bulletin, SIB 01 13 23, supersedes the previous SI B01 13 23 dated May 2023.

It is important to note that this updated bulletin, finalized on September 22, 2023, is a notice regarding the Class Action Settlement and is NOT a notice of a Recall or Service Action.

Why This Matters: The Cupholder Issue

The class action lawsuit, Brightk Consulting, Inc. v. BMW of North America, LLC, Case No. 21-CV-02063-CJC-JDE, alleged that the front cupholders in certain BMW X5, X6, and X7 vehicles are permeable to spilled liquids. This permeability could allow liquids to seep through the cupholders onto underlying components, potentially causing the "SRS warning light" to illuminate and a "Check Control Message (CCM)" to appear on the dashboard. While BMW NA expressly denies any wrongdoing or liability, the settlement aims to resolve these claims.

Affected BMW Models and Production Dates

The class action settlement covers US-specification BMW vehicles from model years 2019 to 2022 that were purchased, leased, registered, and operated in the United States, including the District of Columbia and Puerto Rico. Specifically, the following models and production date ranges are included:

• F95 X5 M: 2020 to 2022 (July 23, 2019 to July 27, 2022)
• F96 X6 M: 2020 to 2022 (June 18, 2019 to July 27, 2022)
• G05 X5 sDrive40i: 2020 to 2022 (July 07, 2019 to July 25, 2022)
• G05 X5 xDrive40i: 2019 to 2022 (July 11, 2018 to July 27, 2022)
• G05 X5 xDrive50i: 2019 to 2020 (July 12, 2018 to July 26, 2020)
• G05 X5 M50i: 2020 to 2022 (July 14, 2019 to July 27, 2022)
• G05 X5 xDrive45e: 2021 to 2022 (June 04, 2020 to July 27, 2022)
• G06 X6 sDrive40i: 2020 to 2021 (July 16, 2019 to July 27, 2021)
• G06 X6 xDrive40i: 2020 to 2022 (July 15, 2019 to July 27, 2022)
• G06 X6 M50i: 2020 to 2022 (July 17, 2019 to July 27, 2022)
• G07 X7 xDrive40i: 2019 to 2022 (October 30, 2018 to June 28, 2022)
• G07 X7 xDrive50i: 2019 to 2020 (November 01, 2018 to July 26, 2020)
• G07 X7 M50i: 2020 to 2022 (July 16, 2019 to June 27, 2022)
• G07 X7 ALPINA XB7: 2021 to 2022 (July 13, 2020 to June 28, 2022)

Symptoms You Might Experience

Owners of affected vehicles may observe the following symptoms:

• Illumination of the "SRS warning light" (Airbag) on the instrument cluster.
• Display of a corresponding "Check Control Message (CCM)".

These indicators suggest a potential issue with the Supplemental Restraint System, which, in the context of this settlement, could be linked to liquid ingress from the cupholders.

Diagnostic Fault Codes

If liquid intrusion into the airbag control unit occurs, it can trigger numerous ACSM (Airbag Control Module) and BDC (Body Domain Controller)-related faults, often identified by a "930###" prefix. These may include:

• Short circuit to minus and/or ground (GND)
• Internal error
• Time out
• Communication error
• Missing LIN bus

These fault codes indicate a malfunction within the airbag system, potentially caused by liquid damage to the control unit or its wiring.

Diagnosis Procedure

When a vehicle arrives at a BMW service center with an illuminated "SRS warning light" and related "Check Control Messages," technicians will perform the following diagnostic steps:

1. Visual Inspection: The front center console cupholder will be visually inspected for any residue from liquid spillage.
2. Vehicle Test: A comprehensive vehicle test will be carried out to identify any stored fault codes.
3. Confirmation: If liquid spillage residue is found and it's determined that liquid has affected the airbag control unit and its wiring, leading to stored ACSM/BDC fault codes, the issue is confirmed as related to the settlement.

Repair Procedure Summary

If the diagnosis confirms that liquid ingress from the cupholder has caused the "SRS warning light" and associated fault codes, the primary repair involves replacing the airbag control unit. The procedure includes:

• Airbag Control Unit Replacement: The airbag control unit will be replaced according to BMW's repair instructions. This process typically involves significant labor, including the complete removal and installation of the center console to access the airbag control unit and its wiring.
• Programming and Encoding: After replacement, the new airbag control unit may require programming and encoding to ensure it functions correctly with the vehicle's systems. If other open Technical Campaigns for programming/encoding exist, they may be performed concurrently.

The repair code for this issue, specifically the cupholder/airbag control unit repair, is 6577900700.

Required Parts

For the repair, the following parts may be required:

• Airbag Control Unit: The specific part number for the airbag control unit is determined by entering the vehicle's VIN/chassis number into BMW's ETK or AIR systems, which accounts for specific equipment and options.
• Cover Cap: Part number 65 77 5 A5A 9F7.
• Adhesive Tape ACSM: Part number 65 77 4 A24 8B8.

Class Action Settlement Details

What is the Settlement?

This class action settlement, finalized on September 22, 2023, resolves claims against BMW NA regarding the cupholder issue. BMW NA denies the allegations but agreed to the settlement to avoid further litigation. The settlement provides benefits to eligible class members.

Who is Covered?

The settlement covers all current and former owners and lessees of US-specification model year 2019 to 2022 BMW X5, X6, or X7 vehicles that were purchased, leased, registered, and operated in the United States, including the District of Columbia and Puerto Rico. To be eligible, vehicles must have a valid registration and meet specific criteria outlined in the settlement.

Extended Warranty Period

For covered settlement repairs, an "Extended Warranty Period" is provided. This period is 7 years or 75,000 miles, whichever occurs first, as determined from the vehicle's original in-service date. This extended warranty specifically applies to an "Eligible Repair" for the 2021 BMW X5 cupholder SRS warning and related models.

Eligible Repair Definition

An "Eligible Repair" is defined as a repair performed by an authorized BMW Center in the United States to address or remedy a customer complaint of an "SRS warning light" illumination that the BMW Center determines was caused by liquid that spilled or seeped through the front center console cupholder. If the SRS warning light is due to other causes, it is not considered an "Eligible Repair" under this settlement.

Reimbursement for Prior Repairs (Out-of-Pocket Costs)

Class members who incurred "Out-of-Pocket Costs" for an "Eligible Repair" prior to the mailing date of the class notice may have been eligible for reimbursement. The deadline to submit a qualifying reimbursement claim was August 1, 2023. To claim reimbursement, required proof included:

• A legible repair order from a BMW Center identifying the vehicle and VIN.
• Proof of payment (e.g., canceled check, credit-card receipt).
• The mileage of your vehicle at the time of the Eligible Repair.
• The date of the Eligible Repair.
• A description of the Eligible Repair performed, including parts and labor.

Prior repairs covered by BMW NA warranty, goodwill, insurance, or other third-party programs were excluded from reimbursement.

Warranty Coverage for Future Repairs

If your eligible vehicle requires an "Eligible Repair" after the class notice mailing date, you must take it to a BMW Center during the "Extended Warranty Period." If the dealer determines the "SRS warning light" illumination is an "Eligible Repair," the concern will be addressed free of charge under warranty.

Exclusions from Settlement

Certain vehicles and class members are excluded from the settlement. This includes vehicles declared a total loss or sold for salvage, those with altered VINs, or those where applicable covered components were previously replaced with used or salvaged parts. Additionally, class members who validly and timely opted out of the settlement are excluded from its benefits.

Important Warnings for Owners

• This bulletin (SIB 01 13 23) is a notice that the Class Action Settlement was finalized. It is NOT a notice of a Recall or Service Action.
• BMW NA is not notifying consumers directly about this settlement. Owners must proactively check their eligibility and follow the settlement procedures.
• The settlement website, www.warninglightspillsettlement.com, provides comprehensive information regarding the settlement, eligibility, and claim process.

What Owners Should Do

If you own a 2021-2022 BMW X5, X6, or X7, or any of the other affected models, and experience an "SRS warning light" or "Check Control Message" that you suspect is related to a cupholder liquid spill, you should:

1. Check Eligibility: Confirm if your vehicle falls within the affected model years and production dates, and if you are a qualifying class member.
2. Visit a BMW Center: Schedule an appointment with an authorized BMW center for diagnosis. Inform them about the potential link to liquid spillage and the SIB 01 13 23 settlement.
3. Consult Settlement Website: For detailed information on the settlement, eligibility, and any ongoing processes, visit www.warninglightspillsettlement.com.

Labor Operations

BMW has outlined various labor operations for diagnosis and repair related to this issue. These include:

• 00 00 006 or 00 00 556: Carrying out vehicle test.
• 61 21 528: Supporting voltage of the vehicle electrical system / recharging vehicle battery.
• 51 00 001: Visually inspecting the front center console cupholder for liquid spillage residue.
• 61 00 006 or 00 58 500: Carrying out vehicle diagnosis.
• 65 77 518: Replace airbag control unit (includes removing and installing center console).
• 51 16 998: Additional work with cup holder, rear (G07 only).
• 61 00 730: Program/encode control unit(s), includes deleting fault memory.

These labor operations are used by technicians to properly document and claim the work performed under the settlement's terms.

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Source: NHTSA ID: 10244528, SIB 01 13 23