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Hello everybody.

It has been some time since I last posted but I thought an update was due.

For those of you who don't recognize my screen name, or don't know what this is about, I have instituted a lawsuit against BMW for consumer fraud as a result of a serious problem in the Radio/Nav package in certain BMW vehicles.

The original thread (and a detailed description of the problem) can be found here:

and here

Beware though, that thread on is very very long and a lot of the issues that were debated in that post were rendered moot by BMW's own admission of the problem as evidenced by a Service Measure they issued about 3 weeks after they were served with the law suit papers back in February (2004).

Well this is where we stand today (more than 7 months later).

We know that the radio at fault is the BM-53 Radio which was installed in E46 (3 Series), E39 (last generation 5 Series) and X5 SUV's. We believe that the problem dates back to the 1999 model year but we are not sure because BMW has been utterly uncooperative in our discovery requests.

BMW's strategy thus far has been to attempt to delay any meaningful adjudication. They cannot defend themselves on the merits because the Service Measure is a de facto admission of a serious defect (and that this is a legitimate problem). Their strategy has been to make this case about everything else but the defective radio and their deplorable conduct in dumping these cars into the market for five model years without doing anything about it.

They have given us almost none of the documents we requested, they have spent an inordinate amount of time doing things like objecting to my lawyer's application to appear in a New Jersey court (usually a rubber stamp kind of application). They have moved the case to another county. They requested delays in their discovery obligations, and then asked for protectiive agreements when the documents were due. We generously gave them more time, and signed the protective documents they requested, only for them to give us virutally nothing of what we asked for. (We, on the other hand, have cooperated with everything they have asked for.)

They are trying every trick in the book to make this case about something other than their culpability for their deplorable conduct. These shenanigans are likely to come to an end soon as we have an important hearing before the judge that is coming up at the end of the month. After that we will be seeking class certification to transform this into a Class Action Litigation.

That leads me to my next point. Through my efforts on this, and other BMW web boards, I was able to locate other people who were affected by this problem. Several of those people agreed to join me as class representatives, but since this has drawn out for so long, a couple of those people have since gotten rid of their cars and have lost interest.

We still have multiple parties interested, but the case only gets stronger if we can add more people from other states. I once again am asking people to join in this lawsuit. If you have a car that has experienced the fading audio problem described in the initial thread and are interested in joining in this suit, please contact me at [email protected]

My greatest hope is that we will be able to bring enough pressure to bear on BMW that they will have to address this problem in a manner that will actually get everyone's car fixed (and maybe even get BMW to rethink their whole approach to customer service). While the service measure tells dealers how to fix the problem, it is "on a customer complaint basis only." Furthermore, unless you know about the service measure when you go to the dealer chances are good the dealer is not going to know what to do.

And once again, for the inevitable criticism that will likely be heaped my way, THIS IS NOT ABOUT GETTING RICH. THIS IS ABOUT MAKING A DIFFERENCE!!

[email protected]
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