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BMW Vehicles Lose Safety Features with End of 3G Class Action

Vehicles made by BMW of North America, LLC includes telematics systems in its vehicles that provide drivers with features for both safety and convenience. The complaint for this class action alleges, however, that a number of fairly recent vehicle models were provided with telematics systems that operate solely through the use of 3G services, and that safety features and other functions stopped working with the sunsetting of 3G in early 2022.

  • The Nationwide Class is all persons and entities in the US who bought or leased a class vehicle, for end use and not for resale.

In the alternative, three state classes have been proposed:

  • The New Jersey, Texas, and Florida Classes are all persons and entities in those states, respectively, who bought or leased a class vehicle, for end use and not for resale.

The exact models and years of the class vehicles have not yet been determined. “On information and belief,” the complaint claims that all model years from 2009 to 2018 may be included.

Vehicles use Connected Drive/BMW Assist (CD/MBWA) for a number of services, such as features for starting, current mileage, parking locations, roadside assistance, nearby dealerships, BMW Assist eCall, and BMW Support. The last two are safety features, according to the complaint. Owners of electric vehicles can check charge level and range, locate nearby charging stations, and choose a time of day to charge the vehicle, when electricity prices are lower.

Since 2008, BMW has been getting its wireless service for the vehicles through AT&T’s 3G network. But the complaint claims, “The sunsetting of 3G was long foreseeable” particularly after AT&T initiated its 4G services in 2011. In February 2019, the complaint alleges, AT&T officially announced the sunsetting its 3G network, with its introduction of its 5G network.

“Despite the inevitability of the 3G functionality in the Vehicles being decommissioned, and the public announcement of the timetable in February 2019,” the complaint alleges, “BMW continued to manufacture the Class Vehicles with a 3G modem. Accordingly, BMW knew or should have known when it manufactured each of the Class Vehicles that the 3G capabilities in each of them would become useless before the end of the usable life of the Class Vehicles…”

In 2021, the complaint alleges, BMW began sending notices to owners or lessees that certain CD/BMWA features would end after February 2022. It also told some of them, the complaint says, that no upgrade was available that would let them keep using these features.

A page was added to the website in April 2021 about this. As reproduced in the complaint, it reads, among other things, “As a result of the sunset of 3G services by wireless carriers, by February 2022, vehicles factory-equipped with 3G telematics devices or retrofitted 2G vehicles will no longer be able to receive any Connected Drive/BMW Assist services.”

The complaint alleges, “Due to the termination of services that provide critical safety features,” owners and lessees of the vehicles have been “stripped of safety measures and precautions.”

Article Type: Lawsuit
Topic: Automobile

Most Recent Case Event

BMW Vehicles Lose Safety Features with End of 3G Complaint

November 28, 2022

Vehicles made by BMW of North America, LLC includes telematics systems in its vehicles that provide drivers with features for both safety and convenience. The complaint for this class action alleges, however, that a number of fairly recent vehicle models were provided with telematics systems that operate solely through the use of 3G services, and that safety features and other functions stopped working with the sunsetting of 3G in early 2022.

BMW Vehicles Lose Safety Features with End of 3G Complaint

Case Event History

BMW Vehicles Lose Safety Features with End of 3G Complaint

November 28, 2022

Vehicles made by BMW of North America, LLC includes telematics systems in its vehicles that provide drivers with features for both safety and convenience. The complaint for this class action alleges, however, that a number of fairly recent vehicle models were provided with telematics systems that operate solely through the use of 3G services, and that safety features and other functions stopped working with the sunsetting of 3G in early 2022.

BMW Vehicles Lose Safety Features with End of 3G Complaint
Tags: Defective Automobile, Defective Electronics System, Security System or Device