— A BMW 6 Series convertible class-action lawsuit won't be dismissed, despite BMW claiming it should be. A New Jersey federal judge has ruled the lawsuit can proceed based on claims model year 2004-2013 6 Series convertibles have defective retractable tops.
The lawsuit was filed by BMW owner Ronald Gray, who owned two models of BMW E64 convertibles with tops that failed to completely close, and in some cases, failed to completely open. The lawsuit claims a light would read "top not locked" even if the top looked to be closed. Additionally, the illuminated light caused the trunk to stay locked.
The lawsuit alleges BMW should have known the E64 convertibles were defective but didn't inform consumers because that would scare away consumers who wanted to purchase the cars. Additionally, Mr. Gray says the cost to replace the convertible top can reach $5,000.
BMW filed the motion to dismiss by arguing the claims in the lawsuit should not include the European division of the automaker. The federal judge didn't buy that argument because the alleged convertible top defects were in all affected BMW cars, no matter where the cars were manufactured or located.
The automaker will face the following allegations about the BMW 6 Series convertible top: common law fraud; violation of the California consumer legal remedies act; and violation of California’s unfair competition law.
The BMW convertible top lawsuit was filed in the U.S. District Court of the District of New Jersey - Gray v. BMW of North America LLC.