— A BMW shark fin antenna lawsuit will continue, but minus certain claims, including warranty and unjust enrichment claims.
According to the class action lawsuit, there are sealant problems with the BMW shark fin antennas which allow water to leak into the vehicles.
That water can damage multiple components in 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
The BMW shark fin antenna class action lawsuit includes:
"All persons or entities who are: (1) current or former owners and/or lessees of a Class Vehicle; and (2) reside in California and purchased a Class Vehicle for primarily personal, family or household purposes, as defined by California Civil Code § 1791(a), in California."
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 it, the emergency call system, GPS navigation system, hands-free phone microphone and the BMW Comfort Access system were malfunctioning.
The lawsuit also alleges the BMW would intermittently crank but not start, and it seemed to occur after a heavy rain.
The plaintiff says the problems got worse, so in May 2024 he took his vehicle to a BMW dealership. BMW technicians discovered water had damaged the telematics control module and recommended replacement of the module and the shark fin antenna.
The BMW class action alleges the plaintiff was told repairs would cost him $2,500, but he "paid $92 for the necessary repairs because he needed a safe and working vehicle."
He then filed the BMW class action lawsuit for more than $5 million.
The shark fin antenna lawsuit alleges BMW knew the vehicles were defective but failed to tell the plaintiff and other consumers. BMW also allegedly fails to adequately repair the sealant problems for free.
Motion to Dismiss the BMW Shark Fin Antenna Lawsuit
The plaintiff asserts he discussed the vehicle with BMW's sales representatives and he reviewed the window sticker, but BMW failed to tell him about the alleged shark fin antenna sealant problem.
The judge says he must construe the totality of allegations in favor of the plaintiff, therefore the plaintiff's allegations are good enough to show BMW knew about the alleged defects before the vehicle was sold.
The judge also ruled the plaintiff showed he would have acted differently about his purchase if BMW would have warned him about the alleged shark fin antenna sealant problem.
"Because Plaintiff alleges that the Sealing Defect poses a 'substantial safety threat,' it can plausibly be inferred that had the Defect been disclosed through the window sticker or sales representatives, Plaintiff 'would not have purchased his vehicle, or would have paid less for it.'” — Judge William J. Martini
This caused the judge to deny BMW's motion to dismiss the statutory and California common law fraud claims.
According to the class action lawsuit, BMW warranty limits should not apply to the shark fin antennas because the warranty is "unconscionable."
BMW says the new vehicle warranty is 4 years or 50,000 miles, and the plaintiff's warranty expired before he took his vehicle for shark fin antenna repairs.
Courts may refuse to enforce contracts that are unconscionable, but in this case the judge granted BMW's motion to dismiss express and implied warranty claims.
In addition to dismissing the warranty claims, Judge Martini also dismissed affirmative misrepresentation and unjust enrichment claims.
The BMW class action lawsuit will move forward based on California consumer protection claims.
The BMW shark fin antenna sealant lawsuit was filed in the 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.
