NHTSA Complaint #10441747 — 2000 BMW 328CI

SUBFRAME CRACK!! ON OCTOBER 24, 2006, [XXX] FILED A CLASS ACTION COMPLAINT AGAINST BMW OF NORTH AMERICA, ALLEGING THAT 1999-2006 BMW 3 SERIES VEHICLES SUFFER FROM DEFECTIVE SUB-FRAMES. ACCORDING TO THE COMPLAINT, THE CONSTANT LOADING AND UNLOADING ASSOCIATED WITH NORMAL DRIVING CAN WEAKEN THE SUB-FRAME TO THE POINT WHERE IT CRACKS AND SEPARATES FROM THE CHASSIS, RESULTING IN THOUSANDS OF DOLLARS OF DAMAGE TO THE VEHICLE. THE COMPLAINT ALLEGES THAT BMW WAS AWARE OF THE ALLEGED SUB-FRAME DEFECT, BUT FAILED TO NOTIFY CONSUMERS OR PAY FOR SUB-FRAME REPAIRS UNDER WARRANTY. ON MARCH 3, 2009, HON. JUDGE [XXX] GRANTED PRELIMINARY APPROVAL OF A PROPOSED CLASS SETTLEMENT, UNDER WHICH BMW WILL REIMBURSE E46 OWNERS OR LESSEES IN FULL FOR THEIR SUB-FRAME REPAIR EXPENSES. AS PART OF THE SETTLEMENT, BMW HAS ALSO AGREED TO IMPLEMENT A NATIONAL SUB-FRAME INSPECTION AND REPAIR PROGRAM. ALL CURRENT OWNERS AND LESSEES OF A 1999-2006 BMW 3 SERIES VEHICLE WILL BE NOTIFIED OF THE SUB-FRAME PROBLEM AND WILL HAVE ONE YEAR TO PRESENT THEIR VEHICLE FOR A FREE INSPECTION AND REPAIR (IF NEEDED). THE COURT IS SCHEDULED TO DECIDE WHETHER TO FINALLY APPROVE THE PROPOSED SETTLEMENT ON AUGUST 3, 2009. I'VE CALLED BMWNA BUT THEY WON'T HELP ME. JUST SIMPLY CLAIM THE "LAWSUIT IS OVER." INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6) *KB