BMW Loss of CD/BA Functions with Phase-Out of 3G Class Action

Consumers expect vehicles made by BMW to offer advanced features, including in the area of electronics. But the complaint for this class action sues BMW of North America, Inc. and Bayerische Motoren Werke Aktiengesellschaft AG, alleging a substantial oversight in some 2013 and later vehicles: certain Connected Drive/BMW Assist (CD/BA) systems were made to work with 3G services only, rendering them useless now that 3G is being phased out.

The class for this action is all persons who bought or leased, anywhere in the US, a car with a CD/BA with 3G-only limitations. The vehicles at issue are some manufactured since 2013, including certain X3-X7 models.

The complaint alleges that the vehicles at issue have “telematics control units” that are “connected to the engine control module which are the instruments which connect the BMW to internet service. … The CD/BA features depend on the equipment and technology of the telematics systems, not contracts with service providers.”

The complaint quotes a Consumer Reports article as saying, “As wireless carriers shut down their 3G networks over the coming months, millions of cars are losing the ability to automatically contact first responders after a crash…” An expert in the article blames the situation on “automakers adopting the least-expensive connectivity module they can find…”

The article goes on to say that many vehicles also have “an SOS button to contact emergency services” that still use 3G. Also, the article says, “Some cars may also use 3G connectivity for convenience features such as remote unlocking, remote start, emergency roadside assistance, navigation map updates, and vehicle diagnostics.”

The telematics systems provide other benefits to owners, the complaint alleges, including “reduced insurance premiums and vehicle diagnosing capabilities which reduce service costs, and fuel expenses.”

The complaint claims, “All manufacturers of 3G devices have long known that 3G was ‘spectrally inefficient’ and would be phased out as early as possible.” It also claims, “As early as August 2009, carriers supporting 3G began planning their upgrade to 4G LTE.”

BMW 2014 promotional materials, as quoted in the complaint, claim that “BMW ConnectedDrive continues to adapt year after year” even though, the complaint alleges, by then 3G was already being replaced by 4G.

The complaint alleges that BMW is “part of 5G Automatic Association,” a group that was formed to connect automakers with the telecommunications industry, and to look ahead to future mobility needs. Because of this, the complaint alleges, BMW “was very aware of 3G’s almost automatic obsolescence as soon as it was introduced.”

According to the complaint, BMW could have chosen to create systems that used downloadable software or physical spare parts to permit transition to later wireless generations, but it did not.

The complaint contrasts this with General Motors, whose 2015 and later models of Chevrolet, Buick, GMC, and Cadillac vehicles had hardware that would be affected by 3G sunsetting, but which created network updates and free, over-the-air software updates that would help their vehicles’ systems transition.

Article Type: Lawsuit
Topic: Automobile
Tags: Defective Automobile, Electronic Apps and Updates, Electronic Parts Components and Systems