Class Eligibility

The Court decided that the Settlement Class includes all persons or entities in the United States, the District of Columbia, and Puerto Rico who currently own or lease, or previously owned or leased, a model-year 2004 to 2010 U.S. specification BMW 6 Series (E64) Convertible vehicle.

Estimated Amount

Software Update

Proof of Purchase


Case Name

Gray v. BMW North America, LLC Website
Civil Action No. 2:13-cv-3417-WJM-MF
District Court for the District of New Jersey

Case Summary

This lawsuit is about model-year 2004 to 2010 U.S. specification BMW 6 Series (E64) Convertibles (“Class Vehicles”). The lawsuit alleges that the convertible top on Class Vehicles will not completely open or close, becomes stuck in a fixed position, the convertible top operation light flashes, causing the “top not locked” warning message to appear, and/or causes an alarm to sound. BMW AG, which manufactures BMW vehicles, and BMW NA, which distributes and warrants BMW vehicles in the United States, deny these allegations and stand behind and support their products.

Settlement Pool





Gray v. BMW of North America Notice Administrator,
P.O. Box 43450
Providence RI 02940-3450

58 responses to “BMW 6 Convertible Top Defect Class Action Settlement”

  1. Derrick Montgomery says:

    Convertible top moves very slow at times and sometimes stick

  2. Nette brooks says:

    I have a 645 ci convertible is it eligible for the claim

    ADMIN – Hi Nette,

    You are not telling me the year just the series. Refer to class eligibility.

  3. DarleneTaylor says:

    look me up i purchase a bmw from bmw in owing mill md.. call them they have me on file …

    ADMIN – Hi Darlene,

    If you are a member of the class kindly file a claim.

  4. Donald Snelbaker says:

    Just received a call from BMW I thought it was a recall own a 2005 645ci only been garage kept. Did not know this was time related.

  5. Donald Snelbaker says:

    I had the car at the dealer ship on June 16, 2007 I have the repair estimate. They would not tell me anything about the issue. One gentleman( serviceman) did look up the class action and did remember the issue. My car has been garage kept. I am the second owner. The plastic part covering the manual area to close or open the roof is missing that cover piece. I am sure there has been an issue concerning it. Please leave me know if there is anything that can be done at this point. Thank you.

    ADMIN – Hi Donald,

    This class action settlement is specific to the following issue: “The lawsuit alleges that the convertible top on Class Vehicles will not completely open or close, becomes stuck in a fixed position, the convertible top operation light flashes, causing the “top not locked”

  6. Donald Snelbaker says:

    Sorry typing on my phone….. 2017. Received a call from the BMW headquarters office and said there is nothing wrong at this time with your car there is nothing they can do help me at this time.

  7. Daryl & Kathy Standifer says:

    D.L. Standifer says:
    June 30 2017 at 12;25 AM
    Just received my notice (mail forwarded from a former address); would like to be considered and/or directed in the steps to repair my vehicle.

    ADMIN – Hi Daryl,

    I am not the class action admin. You must contact them directly.

  8. Mark Garand says:

    I called the BMW dealership at the end of June and they said there was no recall. When can we expect to get this proble fixed. I have a 650i

    ADMIN – Hi Mark,

    A class action settlement is not the same thing as a recall. Did you submit a claim?

  9. Mark Garand says:

    Yes I did….What do I do next….

    ADMIN – Hi Mark,

    Reach out to the class action administrator.

  10. Mark Garand says:

    Thank you for the quick response….Is there a number or email to contact the administrator. Thanks in advance Mark

    ADMIN – Hi Mark,

    The email to the admin of this case is as follows:

  11. Mark Garand says:

    I sent an email twice to that address any other suggestions? Mark

    ADMIN – Hi Mark,

    I have ran out of suggestions.

  12. Bob says:

    Hello. My vehicle just had this problem start yesterday July 31st. What are my options?

    ADMIN – Hi Bob,

    Your options are mainly to contact customer service and see if they will do something for you.

  13. Mark Garand says:

    Final approval for the Class action is August 15th…I hope so great weather in the NW and my BMW top not going down

  14. Rich G. says:

    Have had the same problem on my 2005 BMW 645ci (e64) (top sticks in the half open position and top not locked warning). A few months back I saw that there was this lawsuit for this issue to be settled in July 2017 and that part of the settlement was to take it into an authorized BMW service center to have the computer reprogrammed. So, I waited until after July 2017 for the settlement and today called BMW Crevier in So. Cal. and spoke to a service advisor who said: As of now there is no recall for this issue and that BMW has not included themselves in this lawsuit and that there is no direction from BMW North America to do anything for me and my issue. The advisor was well aware of the lawsuit. So, where does that leave me. I haven’t opened my convertible top for the last four months for fear tat it will stick half open in the closing processes. What do I do?

    ADMIN – Hi Rich,

    What you are telling me is that you did not file a claim form before deadline?

  15. Bruce says:

    Any word on the August 15th final hearing?

    ADMIN – Hi Bruce,

    None so far

  16. wayne curry says:

    what was the final settlement reached by the court

    ADMIN – Hi Wayne,

    I don’t have updates on this settlement.

  17. James says:

    It is now August 17, 2017 I file my claim June 1, 2017 and I have not been contacted about my convertible top problems. Now what do I do ? Every BMW dealer I call says they no nothing about a class action settlement for 6 series (E64) convertible model-year 2004 to 2010

    ADMIN – Hi James,

    Have you reached out to the admin.

    • James says:

      If you have the Amin. contact information and give it to me I will contact them!

      ADMIN – Hi James,

      Doing a copy and paste for you from the info posted above

      Gray v. BMW of North America Notice Administrator,
      P.O. Box 43450
      Providence RI 02940-3450

  18. Steven DiOrio says:

    Can you please share the results of the 8/15/17 court date to provide us with a status update?


    ADMIN – Hi Steven,

    I don’t have an update yet.

  19. Ritt Hall says:

    Any update from the hearing on the 15th?
    I flied my claim on time and submitted all documents as required. Just want my top to work!

    ADMIN – Hi Ritt,

    No updates at the moment.

  20. Donna Valentine says:

    any updates would be appreciated, I would like to schedule my appointment for the software update!
    thank you,

    ADMIN – Hi Donna,

    Reach out to the class action admin for updates.

    • Donna Valentine says:

      can you give me the admins contact info??

      ADMIN – Hi Donna,

      I have already given that information. Just scroll up.

  21. Mark Garand says:

    Wouldn’t we all!!!

  22. Mark Garand says:

    Called that number….no way to get to a live person……recording is not even up to date.

    ADMIN – Hi Mark,

    The next level of escalation is class counsel.

  23. Scott says:

    Is there any update on this suit? When can we take our cars in to BMW to get the software to fix the top?

    ADMIN – Hi Scott,

    No updates at the moment.

  24. patrick says:

    hi this is Patrick, have any new update concerning this settlement. like many other I just want my top to work.

    ADMIN – Hi Patrick,

    Nothing at all

  25. Carol says:

    Phone number does not have an update on the ruling supposed to take place on August 15, 2017.

    So frustrating for us 6Series owners! I have had the top stick while it was pouring rain outside. I love my car but have become less and less of a BMW person. May go to Audi now after 10 BMW”s.

    ADMIN – Hi Carol,

    Audis have their fair share of problems.

    • Chi Trinh says:

      My claim was submitted for this problem. The top was stuck when it started pouring rain and now my whole dash board does not work.. I was told it would be over $2000 to fix the issue. I do not fix it yet because of a money issue. Does the settlement cover this? I have submitted a claim by the deadline but no response of my issue.

      ADMIN – Hi Chi,

      The settlement provisions read as follows:
      The Settlement provides an opportunity to be reimbursed for certain past expenses and to obtain a free software update to remedy the issue.

  26. leland ratleff says:

    I am inquiring about the settlement of the Gray v. BMW lawsuit. I filed a claimed with supporting documents showing the cost of my repair to my 2006 BMW 6501 convertible. When will I be contacted to inform me on if I was awarded part of the settlement?

    Thank you,


    ADMIN – Hi Leland,

    Your best bet is to contact class counsel.

  27. Chi Trinh says:

    I have submitted a claim but not aware that I had to pay out of pocket first for the repairs before the deadline date. Is it too late to get the top fixed to get reimbursed for it? I did not want to fix unless I was guaranteed a reimbursement.

    ADMIN – Hi Chi,
    It reads reimbursement for past expenses. I would contact the class action admin for clarification.

    • Chi Trinh says:

      I have contacted the number provided in the website and there is not an option to talk to someone. So basically even if I get my top fixed I will not get reimbursed for it because the claim date has passed.

      ADMIN – Hi Chi,

      It looks that way. You can always try email to see if they have a different answer.

  28. PATRICK says:

    SOME HELPFUL INFO. I was told by one of the attorneys secretary that the forms would be mailed out shortly once received then make appointment with the dealer to bring the car in for the updates. In other words if you take the car to the dealer without the forms you will be flipping the bill. Hopefully only a few more days…

  29. Suzette Abrams says:

    Any word on just getting the software update? I never had fixed and just want the update.

    ADMIN – Hi Suzette,

    No updates at the moment.

  30. Donna White says:

    Went to Irvine BMW twice in the last few months about getting the software update on my 650I and still nothing in the computer from BMW to Give the green light on updating. Can we please get an answer when this will take place. My top have been down for months.

    ADMIN – Hi Donna,

    As soon as I know I will post it

  31. Ritt Hall says:

    Updated info online:

    Home page:

    Case 2:13-cv-03417-WJM-MF Document 85 Filed 08/24/17 Page 1 of 9 PageID: 1472

    ADMIN – Hi Ritt,

    Thank you.

  32. Donna Valentine says:

    so does this mean we can get our software updates???

    ADMIN – Hi Donna,

    It sure sounds that way.

  33. Mark Garand says:

    Looks like the Attorneys will be taken care of…..

  34. Donna Valentine says:

    hey everyone, I got a letter in the mail today, check your mailboxes. can get software update!

  35. Mark Garand says:

    So here is the story.
    I received my letter Friday. I called my local Dealer and they said the knew nothing about it. They connected me to BMW…..BMW said they heard about it but nothing in the system. They told me to call the Service Manager at the Dealership…I called back and was connected to the Service Mgr(nice guy). He looked it up again and said there was nothing on the Class Action….He also said that it could take 2 to 6 months before BMW does anything.. So unless someone else finds something out I won’t be having my top down until next summer!!

    ADMIN – Hi Mark,

    Someone else left a comment with a number to call to resolve this issue.

  36. patrick says:

    Ok. Here we go. Made a trip to the dealer with letter in hand. It turned out to be a joke to the stealership. i was told that a up dated software was not available. I contacted bmw north america while in the dealership. I got the gm envolve wich he will be working the issue communication issue between the two out tuesday 9-26-17 looks likes they are gonna try and give the run around on to those of you that dont have the patience to stay on top of this matter. this is in greenville sc. Century bmw. Hope they do the right thing. If you have any problem with the dealership wich you will please call bmw north america at 1800 831 1117 give name and vin of car. They are very nice and helpfull. They also stated that no one should being doing the leg work for the dealership its thierrresponsibility to take the proper action by calling the corporate team administration.

    ADMIN – Hi Patrick,

    Thanks for the info!

  37. PATRICK says:


  38. PATRICK says:


    ADMIN – Hi Patrick,

    I have no idea what you are trying to say but you appear to be upset.

  39. Mark Garand says:

    This is from the Gray vs. BMW website

    Final Approval has been granted, but a Notice of Appeal has been filed. The website will be updated if/when the appeal is resolved and the settlement becomes effective. Until and unless the settlement becomes effective, reimbursement payments will not be made and the software update will not be made available. Please check back for updates on this process

  40. patrick says:

    yep pissed sold a 2011 with only 31k on it and the same shit is happening and she is an attorney here in town and I have my personal car to worry about. as of 10/3/17 1pm BMW NORTH AMERICA is contacting my dealer and told me that they will give them all the instruction on the intire situation and that they will have the gm to call me for scheduling. once again bmw family you must call 1800 831 1117 they will fix the problem not the dealership. good luck.

    ADMIN – Hi Patrick,

    I hope your car gets fixed soon.

  41. Mark Garand says:

    Good Luck….Let us know how the software upgrade works…once you get it done I will follow suit…

  42. Jennifer says:

    I purchased a 2007 BMW 650i in October of 2016.

    I ve had issues off and on the entire ownership. Top not locked error all the time. Recently my top was open, started raining, and I couldn’t get the darn button to release the top from the trunk to cover my car. Terrible day!

    My question: I had no idea a lawsuit was going on until research led me to your site today. I see June/2017 as a deadline date. Is they any recourse at this point for BMW to fixed this well documented 6 series issue for me? Or late submission to the class action suit? HELP Please!

    ADMIN – Hi Jennifer,

    You can always contact BMW customer service and see if they will do something for you.

  43. Charles h Meredith says:

    My 2006 BMW has this issue. I’ve responded and am awaiting payment for past expenses. I’ve contacted two local BMW dealerships who claim they have nothing on their system regarding this issue, the software fix and the settlement, thus they won’t do anything. Who in BMW can I contact to get the software fix?

    ADMIN – Hi Charles,

    Contact the national customer service line.

  44. Mike says:

    New twist on this. The dealership (BMW of Towson, MD) says they have the software update, but I have to pay a $149 diagnostic fee to determine whether the software is the issue. If it’s the software, I don’t pay the diagnostic fee, and they fix it. At least they have the software fix… finally.

    ADMIN – Hi Mike,

    So if it is not and something else is defective you have to pay both for the diagnostic and repair? So much for luxury service.

    • Mike says:

      Yep. Servicewriter was a real jerk about it on the phone, too. I hate dealerships. And I used to work at one (in high school).

      • Mike says:

        Just called BMW NA. They say the $149 diagnostic fee is both fairly standard and at the dealer’s discretion.

        ADMIN – Hi Mike,

        I would tell the dealer if they want my business going forward they better lean on the side of discretion.

  45. Mark Garand says:

    Just got this off of the Gray vs. BMW site

    The appeal of the Court’s Order granting final approval of the Settlement has been dismissed and the Settlement is now effective. Reimbursement payments and deficiency notifications will proceed in accordance with the timeline set forth in the Settlement Agreement. Additionally, the Software Update will be released to authorized BMW service centers shortly. If you intend to seek a software update, you can contact your local BMW Service Center and make an appointment to have to the Software Update performed free-of-charge

    • Nick says:

      When will checks be cut? I was looking for a settlement aggreement and can’t find it. Ive had repair reciepts sent in for a yr.

      ADMIN – Hi Nick,

      The admin is working on processing the claims. This is the last update:

      The appeal of the Court’s Order granting final approval of the Settlement has been dismissed and the Settlement is now effective. Reimbursement payments and deficiency notifications will proceed in accordance with the timeline set forth in the Settlement Agreement. Additionally, the Software Update will be released to authorized BMW service centers shortly. If you intend to seek a software update, you can contact your local BMW Service Center and make an appointment to have to the Software Update performed free-of-charge.

  46. Mr Carey Cason says:

    “What does this software exactly do”
    This has been an on going problem and they’ve known about this for years.

    ADMIN – Hi Mr. Cason,

    If this is a problem that has been know for years why are you asking what the software does? The software ensures the problem that has been going on for years does not happen.

  47. TAMMY SCHNURR says:

    I filed my claim on time with all receipts from BMW dealership for repairs on 2007 M6 convertible top sensor replacements.. how long till I receive reimbursement?

    ADMIN – Hi Tammy,

    Soon. The admin appears to be working on processing the claims as I type this response.

  48. Alberta says:

    Ok, it is now January 2, 2018 and I cannot find anyone to ask about the refund. I submitted all the forms on May 5, 2017. I also send another letter to the Class Administrator on December 4, 2017 asking about the refund and have not heard one word. There is NO telephone number to call; there is NO fax number to use; there is NO email to send a communication. In other words, there is NO WAY to contact the class administrator about the refund. So far, ALL the dates stated in the final settlement requiring action on the refunds have passed. I don’t know what to do next. I will try reaching out to the Court and see what they say. This is just incredible. Copping out on a court order!

    ADMIN – Hi Alberta,

    Have you called class counsel at · (973) 228-9898?

  49. Mark G. says:

    Has anyone received the software update?

    ADMIN – Hi Community Members,

    Please help Mark with his question.

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