— A BMW cup holder class action lawsuit has been filed for at least $5 million because the cup holders allegedly leak.
The BMW lawsuit alleges the cup holders are defective because they weren't designed or intended to hold cups that contain liquid.
The BMW cup holder lawsuit alleges liquid can seep through the holders and cause damage to airbag control modules located under the cup holders.
According to the class action, BMW engaged in a nationwide cup holder conspiracy to cover-up defects by refusing to document visits made to dealerships by BMW customers who complained about the cup holders.
California plaintiff Fang Lin (BRIGHTK CONSULTING INC.) purchased a new 2020 BMW X7 M501 in December 2019 for more than $113,000.
But in April 2021, the plaintiff took the vehicle to a BMW dealer because the "vehicle’s sunvisor locking bar came loose, the left rear door edge seal came loose, and the third-row seat lock message came on intermittently."
The cup holder lawsuit says the vehicle had about 7,500 miles on it at the time, and the vehicle was at the dealership for two days.
Then in July 2021, the plaintiff brought the vehicle to the BMW dealer because "the driver’s restrain system malfunction message came on display."
The plaintiff says the vehicle was at the BMW dealer for two days.
"Defendant, through its authorized dealers, was unable and/or failed to repair the Subject Vehicle within a reasonable number of attempts. Plaintiff justifiably lost confidence in the Subject Vehicle’s reliability and said defects have substantially impaired the use, value, and/or safety of the Subject Vehicle to Plaintiff." — BMW cup holder lawsuit
The BMW lawsuit says the plaintiff tried to revoke acceptance of the vehicle in writing in September 2021, but BMW "has failed to accept Plaintiff’s demand for revocation and has refused to provide Plaintiff with the remedies Plaintiff is entitled to upon revocation."
BMW allegedly should inform customers the cup holders are defective and should not be used to hold cups that contain liquid.
In addition to suing BMW, the plaintiff also sued "Defendants DOES 1 through 10," which are currently unknown corporations that allegedly conspired with BMW regarding the cup holders.
The BMW cup holder lawsuit was filed in the U.S. District Court for the Central District of California: BRIGHTK CONSULTING INC., v. BMW of North America, LLC, et al.
The plaintiff is represented by the Margarian Law Firm.