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E60 Class Action Suit Settlement

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Old Nov 17, 2007 | 05:18 AM
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To early E60 owners,

I received a notification letter from BMWUSA stating that the class action suit for the defective passenger seat occupant detection system on certain 04/05 E60 models produced on or before 3/31/05 has been settled. The terms of the settlement provide that if the car is still in warranty, the car may receive a no cost reprogramming to correct the problem, upon request of the owner.
My question is whether the dealer can reprogram an individual function or will the car be updated with the complete most recent version of E60 software?

Bill
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Old Nov 17, 2007 | 06:03 AM
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All modules are updated.
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Old Nov 17, 2007 | 08:39 AM
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Just got that in the mail also. Too bad the warranty ran out last freakin' week! I even brought the car in last month to have them check out the airbag warning light error that I get (brought in an SI, but they couldn't find a problem. I wonder how much this "update" would cost.
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Old Nov 17, 2007 | 09:33 AM
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The next to the last sentence on page 1 states " Furthermore, if the New Vehicle Limited Warranty of your vehicle is due to expire in 2007 because of the four-year time limit of the warranty, you have until December 31, 2007 to request reprogramming". As such your entitled to the reprogram. Go see your dealer.
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Old Nov 17, 2007 | 10:03 AM
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Originally Posted by lokoloko' post='495614' date='Nov 17 2007, 09:39 AM
Just got that in the mail also. Too bad the warranty ran out last freakin' week! I even brought the car in last month to have them check out the airbag warning light error that I get (brought in an SI, but they couldn't find a problem. I wonder how much this "update" would cost.

You should be entitled to a free upgrade... you have documentation that you specifically told them to check this issue and they didnt fix it and now theres a letter in the mail. Tell them to do it for free or you'll call your lawyer. or BMW NA to make it sound nice.
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Old Nov 17, 2007 | 10:09 AM
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BMW Service should handle this as a normal procedure,
when your car is the next time in service.
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Old Nov 17, 2007 | 10:13 AM
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Can someone post the letter. Which '04 models before 3/05 does this apply to?
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Old Nov 17, 2007 | 11:02 AM
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Per my previous post, the letter he recieved states that he is entitled to the upgrade if it has not already performed.
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Old Nov 17, 2007 | 11:54 AM
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Originally Posted by EBMCS03' post='495647
The next to the last sentence on page 1 states " Furthermore, if the New Vehicle Limited Warranty of your vehicle is due to expire in 2007 because of the four-year time limit of the warranty, you have until December 31, 2007 to request reprogramming". As such your entitled to the reprogram. Go see your dealer.
Thanks, I didn't even bother to read that far and stopped right before "furthermore."


Originally Posted by bbrase' post='495652' date='Nov 17 2007, 11:13 AM
Can someone post the letter. Which '04 models before 3/05 does this apply to?
"In 2004, BMW of North America, LLC ("BMW NA") was sued alleging that certain model year 2004 and 2005 5 Series vehicles (platform designation E60), produced on or before March 31, 2005, equipped (A) with multifunction seats (option 456) but without active seat ventilation (option 453) or ( with sport seats (option 481), have a defective passenger seat occupant detection system. BMW has settled this case, and under the terms of the settlement is contacting you since our records indicate that you are the owner or lessee of a potentially affected vehicle" - First paragraph; BMW NA
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Old Nov 18, 2007 | 08:39 AM
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Didn't know all this but two weeks ago mine started acting up took it to the Dealer (still under warranty) and got it re-programmed under warranty. At first the SA seemed to act like nothing was wrong but I told him I not taking the car back until they send a Business Case to BMW NA to identify and address the problem. BMWNA ended up directly addressing the issue with re-programming.
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