2021-2022 BMW X5/X6/X7 Cupholder SRS Warning Light Settlement

BMW of North America, LLC (BMW NA) has announced a Class Action Settlement, detailed in Service Information Bulletin (SIB) 01 13 23, concerning specific 2021-2022 BMW X5, X6, and X7 models. This settlement addresses issues where liquid spills from the front center console cupholders can seep onto underlying components, potentially leading to an illuminated "SRS warning light illumination" and a corresponding "Check Control Message (CCM)".

This Service Information Bulletin (Revision 01) supersedes a previous bulletin, SI B01 13 23 dated May 2023, and updates information following the court's finalization of the settlement on September 22, 2023. The settlement provides benefits for current and former owners and lessees of affected vehicles.

Important Warnings for Owners

It is crucial for owners to understand that this updated bulletin, SIB 01 13 23, is a notice regarding a Class Action Settlement and is NOT a notice of a Recall or Service Action. This distinction is important for how repairs and claims are handled.

Owners are also advised: "PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK'S OFFICE TO INQUIRE ABOUT THIS NOTICE, THE SETTLEMENT OR THE CLAIM PROCESS." All inquiries should be directed to the claims administrator or settlement website as specified in the official notice.

The Class Action Settlement

What the Lawsuit Alleged

The 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, X5 M, X6, X6 M, and X7 vehicles (F95, F96, G05, G06, G07 chassis codes) are permeable to spilled liquids. The plaintiff claimed that liquid seeping from the cupholders could damage components below, resulting in an "SRS warning light illumination" on the dashboard.

BMW's Stance

BMW NA expressly denies any wrongdoing, liability, or that the vehicles are defective. The settlement was reached to avoid the time, expense, and uncertainties of protracted litigation, without any admission of fault or liability by BMW NA.

Settlement Class and Eligibility

The settlement covers current and former owners and lessees of US-specification 2019-2022 BMW X5, X6, and X7 vehicles (including F95, F96, G05, G06, G07 models) purchased, leased, registered, and operated in the United States (including DC and Puerto Rico). To be eligible, Class Members must not have opted out of the settlement.

Eligible Class Vehicles will have a specific VIN-specific Vehicle Comment in the DCSnet Warranty Vehicle Inquiry, such as: "SI B01 13 23 (DC 65 77 90 07 00): THE CLASS MEMBER OWNER OR LESSEE... ARE ELIGIBLE FOR THE CLASS ACTION SETTLEMENTS ISSUE-SPECIFIC REPAIR REMEDY WHEN IT IS DETERMINED THAT AN SRS WARNING LIGHT ILLUMINATION IS CAUSED BY LIQUID INGRESS FROM A SPILL THROUGH THE FRONT CENTER CONSOLE CUPHOLDER."

Extended Warranty Period

The settlement provides an "Extended Warranty Period" for covered repairs. This period is defined as 7 years or 75,000 miles, whichever comes first, calculated from the Class Vehicle's original in-service date. This extended coverage applies specifically to repairs addressing the "SRS warning light illumination" or "Check Control Message (CCM)" caused by liquid ingress from the front center console cupholder.

Symptoms and Diagnosis

Owners of affected BMW X5, X6, or X7 vehicles may notice an illuminated "SRS warning light illumination" on the instrument cluster, possibly accompanied by a "Check Control Message (CCM)". These symptoms are the primary indicators of the issue addressed by this settlement.

When an eligible vehicle arrives at a BMW service center with these symptoms, technicians are instructed to visually inspect the front center console cupholder for liquid spillage residue and perform a vehicle test. Liquid intrusion into the airbag control unit can cause numerous ACSM and BDC-related faults, often identified by a "930###" pattern, including short circuits to ground, internal errors, timeouts, communication errors, or missing LIN bus messages.

It is important to note that an illuminated "SRS warning light illumination" can also be caused by other system or component-related faults (e.g., airbag modules, wiring harnesses, sensors). If the cause is determined to be unrelated to liquid ingress from the cupholder, the repair will fall under the vehicle's standard warranty or require customer approval for out-of-pocket costs.

Repair Procedure Summary

If diagnosis confirms that sufficient liquid spillage in the front center cupholder area has affected the airbag control unit and its wiring, leading to the observed faults, the repair involves replacing the airbag control unit. The labor operation code 65 77 518 specifically covers the replacement of the airbag control unit (without programming/coding) and includes the labor for completely removing and installing the center console to access the unit.

After replacing the airbag control unit, it may be necessary to perform vehicle programming and encoding to update the vehicle to the required I-level or higher. This ensures proper functionality and integration of the new component. Any additional programming and encoding technical campaigns can be invoiced once.

Required Parts

For the repair, specific parts may be required. The exact part number for the airbag control unit should be determined by entering the VIN/chassis number into ETK or AIR systems, which accounts for specific vehicle equipment and options. Other parts mentioned include:

• Cover cap: Part Number 65 77 5 A5A 9F7 (Quantity: 1)
• Adhesive tape ACSM: Part Number 65 77 4 A24 8B8 (Quantity: 1)

Claiming Benefits and Reimbursement

Reimbursement of Out-of-Pocket Costs Incurred Prior to Notice

Class Members who incurred eligible "Out-of-Pocket Costs" for repairs prior to the mailing date of the Class Notice may be reimbursed. An "Eligible Repair" is defined as a repair performed by a BMW Center in the United States to address an "SRS warning light illumination" determined to be caused by liquid seeping through the cupholder during the Extended Warranty Period. The deadline to submit a qualifying reimbursement claim was August 1, 2023.

Required proof for a valid claim includes a legible repair order from a BMW Center identifying the vehicle and VIN, proof of payment, vehicle mileage at the time of repair, date of repair, and a description of the eligible repair with indications of parts and labor.

Warranty Coverage for Eligible Repairs After Notice

If your vehicle requires an eligible repair after the mailing date of the Class Notice, 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, it will be addressed free of charge under warranty. No reimbursement is available for out-of-pocket costs incurred after the Class Notice mailing date.

Exclusions

Coverage under the settlement is null and void if the vehicle has been declared a total loss, sold for salvage, has an altered VIN, or if applicable covered components were previously replaced with used or salvaged parts. Additionally, prior repairs covered by BMW NA warranty, goodwill, insurance, or other third-party reimbursement programs are excluded from reimbursement under this settlement.

Owner Options in the Settlement

Class Members have several options regarding the settlement:

• Participate in the Settlement: If you agree with the settlement, you do not need to take any action to remain in the class. To receive benefits, however, you must file a claim with the required proof.
• Exclude Yourself: If you do not wish to be part of the settlement, you must send a written notice to the Claims Administrator, postmarked no later than May 18, 2023. Excluding yourself means you will not receive settlement benefits but also will not be bound by its terms.
• Object/Comment: You can write to the Claims Administrator to express your support or opposition to the settlement. You must remain in the class to comment. The objection deadline was May 18, 2023.

Final Approval Hearing

A final fairness hearing was held on August 7, 2023, at the United States District Court for the Central District of California, to decide whether the settlement should be approved as fair, reasonable, and adequate. The hearing may be postponed, adjourned, or rescheduled without further notice.

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Source: NHTSA ID: 11015850