B010719

TIS Service Bulletin
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SI B01 07 19
Warranties
March 2019
Technical Service
PRELIMINARY CLASS ACTION SETTLEMENT: X5 (E70)
VEHICLES WITH COMFORT ACCESS (OPTION CODE SA0322)
CLASS VEHICLES (MODEL)
Certain of the following US-specification BMW vehicles sold or leased in the United States and Puerto Rico are
included:
E70 (X5) Model Years 2007, 2008, 2009, 2010, 2011, 2012 and 2013 produced from
0/1/2006 to 6/30/2013
With option code SA0322 (Comfort Access)
INFORMATION
BMW of North America, LLC (BMW NA) has entered into a preliminary nationwide settlement with the plaintiffs
in the following class action: Myers, et al v. BMW of North America, et al.
This bulleting contains information about a Preliminary Class Action Lawsuit Settlement, it explains
the settlement benefits that will be available to Class Members once the settlement receives final
approval and it becomes Effective.


This is NOT a notice of a Recall or Service Action.
Except for providing and assisting your Class Member customers with this information, there is
no other action required by your center now or in the future.
Class Allegations
The lawsuit alleges that the Comfort Access System option SA0322 for model year 2007 through model year
2013 BMW X5 (E70) vehicles is defective because the vehicles’ doors can be locked from the outside of the car
when the key fob is located inside the vehicle (Spontaneous or Unintended Locking).
BMW NA’s Position
BMW NA maintains that the Comfort Access system option functions as designed and that the system’s
operational parameters are fully disclosed to vehicle owners.
Class Vehicles
The following US-specification BMW vehicles sold or leased in the United States and Puerto Rico are included:
Model Year Designation
Production Range
Model Designation
2007 to 2013
10/1/2006 to 6/30/2013
X5 (E70) with Comfort Access System
Class Members
Class Member are persons or entities who:
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TIS Service Bulletin
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I. Purchased or leased a Class Vehicle that was distributed for sale or lease in the United States or Puerto
Rico.
II. Formerly owned or leased a Class Vehicle that was distributed for sale or lease in the United States or
Puerto Rico.
Notice to the Class Members
The Claims Administrator has already sent a Class Notice mailing to the Class Members that details the
proposed settlement and the class benefits.
The Class Notice document is designed to inform members of the class of the pendency of this litigation and of
the proposed settlement and to describe their rights and options, if they are a member of this class.
Planned Effective Date of Settlement and other important deadlines for Class Member (Class
Notice CN Mailing
Requests for Exclusion from this Settlement must be submitted by mail to the specified
addressed and postmarked no later than February 22, 2019 (CN_8b). These persons or entities
that validly and timely request exclusion from the class, (1) will be excluded from the class; (2) will
not be entitled to the settlement benefits; (3) will not be bound by the terms of the settlement, the
judgment dismissing the lawsuit, or the release of claims provided by the settlement; and (4) will not
be entitled to object to the proposed settlement or be heard at the Final Approval (Fairness)
Hearing.
Objections to the settlement must be mailed (post-marked) or personally presented to the court by
filing, on or before February 22, 2019 (CN_8c). The objection must be mailed to or directly filed
with the Class Action Clerk of the Court of United States District Court for the Northern District of
California as the specified address.
The Final Approval (Fairness) Hearing (CN_9) for this case is scheduled for on or around March
27, 2019.
Class Member reimbursement request claims (For the cost allowances described in the Class
Benefits section below) must be submitted timely and with the required documentation to the Class
Administrator before the claims deadline of April 8, 2019. Please see the settlement website at
www.ComfortAccessSettlement.com for additional details, terms and conditions for reimbursement
requests.
The Effective Date of the settlement will be 30 days after the Court gives Final Approval (on or
about April 26, 2019), dependent on the date of the Court’s final approval and provided there are
no appeals.
Note: Appeals from Final Approval could delay full implementation of the settlement.
Class Member Inquiries and Questions
Inquiries and Questions
For additional information about the settlement, the reimbursement claim process or if the Class Member
customers have other questions, please refer them to either the:

Settlement website at comfortaccesssettlement.com; or by

Phone - toll free at 877-310-3707.
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TIS Service Bulletin
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Vehicle Owner’s Manual Insert
An owner’s manual insert (attached), providing further instructions on proper use of the Comfort Access system
and reminder to always carry the key fob on their person was included and sent to all Class Members with
their Class Notice.
Class Benefits (Available only after the Court grants its Final Approval)
The Class Notice also informs Class Members that they may be eligible to receive reimbursement for eligible
Emergency Out-of-Pocket Costs or Non-Emergency Out-of-Pocket Costs (as applicable) incurred as a
result of a Spontaneous or Unintended Locking incident with a Class Vehicle that are equipped with the Comfort
Access system option.
Non-Emergency Out-of-Pocket Costs

Non-Emergency Out-of-Pocket Costs means the following unreimbursed costs incurred by a Class
Member as a result of a Spontaneous or Unintended Locking of the Comfort Access System where only
personal property (rather than a child or pet) were locked inside the car:
Emergency Out-of-Pocket Costs

Emergency Out-of-Pocket Costs means the following unreimbursed costs incurred by a Class Member as
a result of a Spontaneous or Unintended Locking in which a child and/or pet was locked inside a Class
Vehicle
Maximum Reimbursement Amounts for Out-of-Pocket Costs (For requests received on or before April 8,
2019)
a. For Non-Emergency Out-of-Pockets Costs, a maximum reimbursement up to one hundred fifty dollars
($150);
Or;
b. For Emergency Lockout Out-of-Pocket Costs, a maximum reimbursement up to a combined six hundred
fifty dollars ($650) comprised of $150 maximum for Non-Emergency Out-of-Pocket Costs and up to $500
maximum for Emergency Out-of-Pocket Costs.
Please refer customers with questions about eligibility or covered out-of-pocket costs to the settlement website:
www.comfortaccesssettlement.com
REIMBURSEMENT REQUESTS - CLAIM SUBMISSION INFORMATION
Class Member reimbursement request claims (For the cost allowances described in the Class Benefits
section) must be submitted timely and with the required documentation to the Class Administrator before the
claims deadline of April 8, 2019.
Please see the attachment and the settlement website at ComfortAccessSettlement.com for additional details,
terms and conditions for reimbursement requests.
Please do not submit for these out-of-pocket reimbursement request through the DCSnet Claims entry
system.
Also, there are no Class Vehicle repairs that are required to be performed in conjunction with the Class Action
Lawsuit.
ATTACHMENTS
View PDF attachment B010719 Comfort Access DCS Msg 2_28_2019.
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TIS Service Bulletin
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View PDF attachment B010719 Myers CAL Website (3_2019).
View PDF attachment B010719 Myers Class Notice.
View PDF attachment B010719 Owner's Manual Insert.
[ Copyright ©2019 BMW of North America, Inc. ]
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Publish February 28, 2019
Date: Warranty
From: March 29, 2019
Expiration
Date:
DCSnet
Message
Important
Subject: BMW - Notice of Preliminary Class Action Settlement: X5 (E70) with
Comfort Access System Option SA0322
BMW of North America, LLC (“BMW NA”) has entered into a preliminary nationwide settlement
with the plaintiffs in the following class action: Myers, et al v. BMW of North America, et al.
This is a notice of a “Preliminary Class Action Lawsuit Settlement,” it explains the
settlement benefits that will be available to Class Members once the settlement receives
final approval and it becomes Effective.



This is NOT a notice of a Recall or Service Action.
Except for providing and assisting your Class Member customers with this
information, there is no other action required by your center now or in the future.
This information will also be available shortly in TIS, under Service Information
bulletin B01 07 19.
Class Allegations
The lawsuit alleges that the Comfort Access System option "SA0322" for model year 2007
through model year 2013 BMW X5 (E70) vehicles is defective because the vehicles’ doors can
be locked from the outside of the car when the key fob is located inside the vehicle
(Spontaneous or Unintended Locking).
BMW NA’s Position
BMW NA maintains that the Comfort Access System option functions as designed and that the
system’s operational parameters are fully disclosed to vehicle owners.
Class Vehicles
The following US-specification BMW vehicles sold or leased in the United States and Puerto
Rico are included:
Model Year Designation
2007 to 2013
Production Range
10/1/2006 to 6/30/2013
Model Designation
X5 (E70) with Comfort Access System
Class Members
Class Member are persons or entities who:
I.
II.
Purchased or leased a Class Vehicle that was distributed for sale or lease in the United
States or Puerto Rico.
Formerly owned or leased a Class Vehicle that was distributed for sale or lease in the
United States or Puerto Rico.
Notice to the Class Members
The Claims Administrator has already sent a Class Notice mailing to the Class Members that
details the proposed settlement and the class benefits.
The Class Notice document is designed to inform members of the class of the pendency of this
litigation and of the proposed settlement and to describe their rights and options, if they are a
member of this class.
The Final Approval (Fairness) Hearing for this case is scheduled for on or around March
27, 2019.
The Effective Date of the settlement will be 30 days after the Court gives Final Approval
(on or aboutApril 26, 2019), dependent on the date of the Court’s final approval and provided
there are no appeals.
Note: Appeals from Final Approval could delay full implementation of the settlement.
Class Member Inquiries and Questions
Inquiries and Questions
For additional information about the settlement, the reimbursement claim process or if the
Class Member customers have other questions, please refer them to either the:


Settlement web site at comfortaccesssettlement.com; or by
Phone - toll free at 877-310-3707.
Vehicle Owner’s Manual Insert
An owner’s manual insert (attached), providing further instructions on proper use of the
Comfort Access system and reminder to alwayscarry the key fob on their person was
included and sent to all Class Members with their Class Notice.
Class Benefits (Available only after the Court grants its Final Approval)
The Class Notice also informs Class Members that they may be eligible to receive
reimbursement for eligible “Emergency Out-of-Pocket Costs” or “Non-Emergency Out-ofPocket Costs” (as applicable) incurred as a result of a “Spontaneous or Unintended Locking”
incident with a Class Vehicle that are equipped with the Comfort Access system option.
Non-Emergency Out-of-Pocket Costs

“Non-Emergency Out-of-Pocket Costs” means the following unreimbursed costs
incurred by a Class Member as a result of a Spontaneous or Unintended Locking of the
Comfort Access System where only personal property (rather than a child or pet) were
locked inside the car:
Emergency Out-of-Pocket Costs

“Emergency Out-of-Pocket Costs” means the following unreimbursed costs incurred by
a Class Member as a result of a Spontaneous or Unintended Locking in which a child
and/or pet was locked inside a Class Vehicle
Maximum Reimbursement Amounts for Out-of-Pocket Costs (For requests received on
or before April 8, 2019)
a. For Non-Emergency Out-of-Pockets Costs, a maximum reimbursement up to one
hundred fifty dollars ($150); or
b. For Emergency Lockout Out-of-Pocket Costs, a maximum reimbursement up to a
combined six hundred fifty dollars ($650) comprised of $150 maximum for NonEmergency Out-of-Pocket Costs and up to $500 maximum for Emergency Out-ofPocket Costs.
Please refer customers with questions about eligibility or covered out-of-pocket costs to the
settlement web site: www.comfortaccesssettlement.com
Reimbursement Request Claim Submission Information
Class Member reimbursement request claims (For the cost allowances described in the
Class Benefits section) must be submitted timely and with the required documentation to the
Class Administrator before the claims deadline of April 8, 2019.
Please see the attachment and the settlement web site at ComfortAccessSettlement.com for
additional details, terms and conditions for reimbursement requests.
Please do not submit for these out-of-pocket reimbursement requests through the
DCSnet Claims entry system.
Also, there are no Class Vehicle repairs that are required to be performed in conjunction with
the Class Action Lawsuit.
Best regards,
Stephen Green
Communications Manager
Attachments:
B010719_Myers_CAL_Website[81dc92ea].pdf
B010719_Owners_Manual_Insert[81dc3fc0].pdf
B010719_Myers_Class_Notice[81dc3fbf].pdf
Recipients:
BMW SAV (Light Trucks), CC-All
BMW SAV (Light Trucks), All Offerings, All Regions, All Areas, All Departments, All Personnel
SI B01 07 19
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3/2019
SI B01 07 19
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3/2019
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
If You Have Ever Owned Or Leased A
2007 through 2013 model year BMW X5 (E70) Vehicle
(Production Date October 1, 2006 through June 30, 2013) with optional Comfort Access System
You May Be Entitled To Benefits Under This Proposed Class Action Settlement.
Please Read This Notice Carefully, As It Affects Your Legal Rights.
The United States District Court for the Northern District of California authorized this notice.
This is not a solicitation from a lawyer.
Under the terms of a proposed class action settlement, you may be entitled to receive benefits, as set forth in this notice, if:
(1) you currently own or lease, or previously owned or leased, a 2007 through 2013 model year BMW X5 vehicle (production
date October 1, 2006 through June 30, 2013) with optional Comfort Access System; and
(2) experienced a Spontaneous or Unintended Locking (as defined herein) of the Comfort Access System; and
(3) incurred Out-of-Pocket Costs (as defined herein) as a result of a Spontaneous or Unintended Locking of the Comfort
Access System.
PARTICIPATE IN THE
SETTLEMENT
EXCLUDE YOURSELF
OBJECT / COMMENT
ATTEND THE HEARING
Y L R  O  T S
If you agree with the proposed settlement, you need not do anything to remain in the class.
You will not be entitled to participate in the settlement if you choose this option. Even if you
exclude yourself, please read and review the Owner’s Manual Insert provided with this Notice
and put it in your Owner’s Manual.
Write to the Court about why you do, or do not, like the settlement. You must remain in the
class to comment in support of or in opposition to the settlement.
Ask to speak to the Court about the fairness of the settlement.
1. THE LITIGATION: Plaintiff Kieva Myers filed this lawsuit in January 2016. The litigation is captioned Myers v. BMW of
North America, LLC, and is pending in the United States District Court for the Northern District of California (Case
No. 16-cv-00412-WHO). The operative Third Amended Complaint alleges the Comfort Access System is defective
because the vehicles’ doors can be locked from the outside of the car when the key fob is located inside the vehicle. The
lawsuit asserts claims against the authorized United States distributor of BMW vehicles, BMW of North America,
LLC (“BMW NA”) for (1) breach of express warranties, (2) breach of implied warranties, and (3) breach of California
state consumer protection statutes (Cal. Civ. Code section 1750 (“CLRA”) and Cal. Bus. & Prof. Code section 17200
(“UCL”)).
2. BMW NA’S POSITION: BMW NA has expressly denied and continues to deny all charges of wrongdoing or liability
against it arising out of the allegations and claims asserted in the lawsuit, including that the Class Vehicles or the
Comfort Access System are defective. BMW NA maintains that the Comfort Access System functions as designed and
that the system’s operational parameters are fully disclosed to vehicle owners. BMW NA has vigorously resisted the
lawsuit’s allegations and claims and has asserted and continues to assert defenses to those claims.
3. NOTICE: This notice is designed to inform members of the class of the pendency of this litigation and of the proposed
settlement, and to describe your rights and options if you are a member of the class.
4. SETTLEMENT CLASS: The District Court has conditionally certified a class that includes all residents of the United
States (including Puerto Rico) who currently own or lease, or who previously owned or leased, a “Class Vehicle.” Class
Vehicles are BMW NA E70 vehicles (2007 through 2013 model year BMW X5 vehicles), made for sale and/or lease in
the U.S. market, with a production date between October 1, 2006 through June 30, 2013, equipped with the optional
Comfort Access System, and that were sold or leased to a Class Member who registered and operated the vehicle in the
United States or Puerto Rico.
The Settlement Class excludes:
(1)
(2)
BMW NA, its related entities, parent companies, subsidiaries and affiliates, and their respective officers, directors, and
employees;
insurers of the Class Vehicles;
QUESTIONS? CALL TOLL-FREE 1-877-310-3707 OR VISIT www.ComfortAccessSettlement.com
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(3)
(4)
(5)
(6)
all persons and/or entities claiming to be subrogated to the rights of Class Members;
issuers or providers of extended vehicle warranties or extended service contracts;
individuals and/or entities who validly and timely opt-out of the Settlement;
consumers or businesses that have purchased Class Vehicles previously deemed a total loss (i.e. salvage) (subject to
verification through Carfax or other means);
(7) current and former owners of a Class Vehicle who previously have released their claims against BMW NA with respect
to the issues raised in the Litigation;
(8) United States and Puerto Rico residents who have purchased Class Vehicles in the United States but have since
transported the vehicle outside the United States for permanent use abroad;
(9) any current or former owner or lessee of a Class Vehicle that has received or obtained a goodwill or warranty payment
for Out-of-Pocket Cost(s) (unless the consumer had to pay or share in some portion of the Out-of-Pocket Cost, in
which case the unreimbursed portion of such cost is not excluded);
(10) any judge to whom this matter is assigned, and his or her immediate family (spouse, domestic partner, or children);
(11) individuals or entities that have purchased and/or leased Class Vehicles as “fleet” vehicles (i.e. rentals or company
vehicles); and
(12) Class Vehicles that were involved in accidents that resulted in damage to the Comfort Access System or related components.
To represent the above class for purposes of the settlement, the Court has appointed the named Plaintiff, Kieva Myers, to
serve as the class representative, and has appointed the Law Office of Robert L. Starr, A.P.C. (www.starrlaw.com) and the
Law Offices of Stephen M. Harris, P.C. (www.smh-legal.com) to act as Class Counsel.
5. SETTLEMENT BENEFITS. The following description of the settlement benefits and the defined terms used herein are
qualified in their entirety by reference to the Class Action Settlement Agreement and Release, a copy of which is on
file with the Court and available at the settlement website (www.ComfortAccessSettlement.com). Kindly refer to the
complete Class Action Settlement Agreement and Release for a full description of all settlement terms and conditions.
The following definitions apply to the summary below:
•
Out-Of-Pocket Costs. “Out-Of-Pocket Costs” means Non-Emergency Out-of-Pocket Costs and Emergency
Out-of-Pocket Costs collectively.
•
Emergency Out-of-Pocket Costs. “Emergency Out-of-Pocket Costs” means the following unreimbursed costs
incurred by a Class Member as a result of a Spontaneous or Unintended Locking in which a child and/or pet was
locked inside a Class Vehicle: (a) costs incurred to repair a broken window (or other damage to a Class Vehicle)
directly attributable to efforts to unlock the Class Vehicle immediately following a Spontaneous or Unintended
Locking, or (b) if Class Vehicle damage set forth in (a) was paid for by insurance, any insurance deductible paid by
the Class Member for vehicle damages described in (a) herein. Emergency Out-of-Pocket Costs are subject to the
Maximum Reimbursement Amount. No additional costs are to be reimbursed by BMW NA.
•
Non-Emergency Out-of-Pocket Costs. “Non-Emergency Out-of-Pocket Costs” means the following
unreimbursed costs incurred by a Class Member as a result of a Spontaneous or Unintended Locking of the Comfort
Access System where only personal property (rather than a child or pet) were locked inside the car: (a) locksmith
or third party lockout service costs that are directly attributable to efforts to unlock the Class Vehicle immediately
following a Spontaneous or Unintended Locking, (b) towing costs that are directly attributable to efforts to unlock
the Class Vehicle immediately following a Spontaneous or Unintended Locking, and (c) if no loaner or free rental
was otherwise provided, reasonable one-day car rental costs (subject to a maximum reimbursement $50) while the
Class Vehicle was under repair due to a Spontaneous or Unintended Locking of the Comfort Access System. NonEmergency Out-of-Pocket Costs are subject to the Maximum Reimbursement Amount. No additional costs are
to be reimbursed by BMW NA.
•
Maximum Reimbursement Amount. “Maximum Reimbursement Amount” means (a) for Non-Emergency Outof-Pockets Costs, a maximum reimbursement up to one hundred fifty dollars ($150), or (b) for Emergency Lockout
Out-of-Pocket Costs, a maximum reimbursement up to a combined six hundred fifty dollars ($650) comprised
of $150 maximum for Non-Emergency Out-of-Pocket Costs and up to $500 maximum for Emergency Out-ofPocket Costs.
•
Effective Date. The “Effective Date” is the date on which the District Court’s approval of the settlement becomes
final. Updates on the Effective Date and other deadlines under the settlement will be posted on the settlement
website (www.ComfortAccessSettlement.com).
•
Proof of Spontaneous or Unintended Locking. “Proof of Spontaneous or Unintended Locking” means any of the
QUESTIONS? CALL TOLL-FREE 1-877-310-3707 OR VISIT www.ComfortAccessSettlement.com
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following documents that establish a Spontaneous or Unintended Locking complaint in a Class Vehicle: (a) dealership
repair orders, (b) police report, or (c) insurance company report. In cases where a customer has documented proof of
lockout situation (repair order, police report, or insurance company report), but the documentation submitted does
not specify a Spontaneous or Unintended Locking, an attestation under penalty of perjury that the Class Member
did not intend to lock the doors using the key fob or the comfort access system and the doors locked anyway can
be used. The attestation is in addition to documentation set forth herein and not in lieu of documentation that
evidences a lockout situation in the first place.
•
Required Documentation. “Required Documentation” means (1) a fully-completed Claim Form signed under
penalty of perjury, (2) Proof of Spontaneous or Unintended Locking, (3) an invoice that documents an Emergency
Out-of-Pocket Cost or Non-Emergency Out-of-Pocket Cost, and (4) cancelled checks, credit card statements
or other proof that evidences the Class Member personally paid for an Emergency Out-of-Pocket Cost or NonEmergency Out-of-Pocket Cost.
•
Owner’s Manual Insert. “Owner’s Manual Insert” means the document that is included with this Notice for
inclusion in your Class Vehicle’s Owners Manual, and that provides additional information and warnings regarding
locking of Class Vehicle doors using the Comfort Access System.
REIMBURSEMENT OF
OUT-OF-POCKET
COSTS INCURRED
PRIOR TO THE
SETTLEMENT
OWNER’S MANUAL
INSERT PROVIDING
FURTHER
INSTRUCTIONS ON
USE OF THE COMFORT
ACCESS SYSTEM
SUMMARY OF BENEFITS IF SETTLEMENT IS APPROVED
BMW NA will reimburse Class Members for Emergency Out-of-Pocket Costs or NonEmergency Out-of-Pocket Costs, as applicable. Reimbursement will be on a claims made basis
and will be for the lesser of the actual Out-of-Pocket Cost paid by the Class Member or the
applicable Maximum Reimbursement Amount.
To obtain reimbursement you must submit a timely Claim and Required Documentation to
the Class Administrator before the claims deadline of April 8, 2019. Please see the settlement
website at www.ComfortAccessSettlement.com for additional details, terms, and conditions for
reimbursement.
Included with this Class Notice is an Owner’s Manual Insert. This document should be placed
inside your vehicle’s Owner’s Manual and provides further instructions on the operational
parameters of the Comfort Access System. Read this insert carefully.
6. ATTORNEYS’ FEES, EXPENSES AND INCENTIVE AWARD: To date, Class Counsel has not received any payment for their
services in prosecuting the case, nor have they been reimbursed for any out-of-pocket costs. If the Court approves the
proposed settlement, Class Counsel will apply to the Court for an award of attorneys’ fees and reimbursement for costs
not to exceed $692,000. Class Counsel also will apply to the Court for a service award of $5,000 to the named Plaintiff
Kieva Myers, for her initiative and effort in pursuing this litigation for the benefit of the class. Any award of attorneys’
fees and expenses and any service award will be paid by BMW NA and will not reduce the benefits available to you
under the settlement. You are not personally liable for these attorneys’ fees and costs or the service award.
7. RESULT IF COURT APPROVES SETTLEMENT: If you fall within the class definition and elect to remain in the class, and
the settlement is approved, the Court will enter a judgment dismissing the lawsuit with prejudice, and releasing any
and all claims that you may have against BMW NA, Bayerische Motoren Werke Aktiengesellschaft (BMW AG), and
BMW Manufacturing Co. (BMW MC), each of these entities’ respective subsidiaries and related entities, and every
other person or entity involved in the design, development, supply, manufacture, sale, lease, repair, or distribution of
the Class Vehicles, and the foregoing entities’ past and present officers, directors, shareholders, predecessors in interest,
successors in interest, and employees, including any claim for violations of federal, state, or other law, whether known
or unknown, related to Spontaneous or Inadvertent Locking of the Comfort Access System in the Class Vehicles. The
settlement and judgment will not release any claims for personal injury, property damage, or claims for subrogation.
8. YOUR OPTIONS: If you are a member of the class, you have the following options:
(a) PARTICIPATE IN THE SETTLEMENT: If you agree with the proposed Settlement, you need not do anything to remain
in the class. You are, however, required to submit a timely Claim for reimbursement if you have Out-of-Pocket
Costs that are eligible for reimbursement, or comply with other deadlines as set forth herein and in the Class Action
Settlement Agreement and Release. For information on the status of settlement approval and other settlement
related information, please visit the settlement website at www.ComfortAccessSettlement.com.
QUESTIONS? CALL TOLL-FREE 1-877-310-3707 OR VISIT www.ComfortAccessSettlement.com
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If you wish to comment in favor of the Settlement, you may send your comment to Class Counsel: Stephen M
Harris, Law Office of Stephen M. Harris, P.C., 6320 Canoga Avenue, Suite 1500, Woodland Hills, CA 91367,
Tel: (818) 924-3103, [email protected] or Law Office of Robert L. Starr, A.P.C., 23901 Calabasas Rd., Ste
2072, Calabasas, CA 91302, Tel: (818) 225-9040, [email protected].
(b) REQUEST TO BE EXCLUDED: If you do not want to stay in the Class, then you must send a written notice of your
request to exclude yourself from the Class, postmarked no later than February 22, 2019 to the Claims Administrator
at the following address:
MYERS SETTLEMENT ADMINISTRATOR - 6025
C/O RUST CONSULTING, INC.
PO BOX 44
MINNEAPOLIS, MN 55440-0044
Your request must be signed by you, include your name, and specifically state that you request to be excluded from
the Class in Myers v. BMW of North America, LLC. If you validly and timely request exclusion from the class, (1) you
will be excluded from the class; (2) you will not be entitled to the settlement benefits; (3) you will not be bound by
the terms of the settlement, the judgment dismissing the lawsuit, or the release of claims provided by the settlement;
and (4) you will not be entitled to object to the proposed settlement or be heard at the fairness hearing described in
Paragraph 9 below.
(C) OBJECT TO THE SETTLEMENT: If you are a member of the class and you do not request to be excluded, you may
object to the terms of the settlement or to Class Counsel’s request for attorneys’ fees and costs. You can ask the
Court to deny approval by filing an objection. You can’t ask the Court to order a larger settlement; the Court can
only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and
the lawsuit will continue. If that is what you want to happen, you must object. You may, but need not, enter an
appearance through counsel of your choice, but you will be responsible for paying your own attorney.
If you object to the settlement, your objection must be mailed (post-marked) or personally presented to the court
by filing, on or before February 22, 2019: (1) The objection must be mailed to or directly filed with the Class
Action Clerk of the Court of United States District Court for the Northern District of California, Office of the
Clerk, 450 Golden Gate Avenue, San Francisco, CA 94102-3489, or filed in person at any location of the United
States District Court for the Northern District of California. The written objection must include (i) a reference to
Myers v. BMW of North America, LLC, Case No. 16-cv-00412-WHO; (ii) your full name, address and telephone
number; (iii) the year, model, and vehicle identification number (VIN) of the Class Vehicle that you own or lease
or previously owned or leased; (iv) a written statement of all grounds for the objection accompanied by any legal
support for your objection; (v) copies of any papers, briefs, or other documents upon which the objection is based;
(vi) a list of all persons who will be called to testify in support of the objection (if any); (vii) a statement of whether
you intend to appear at the fairness hearing; and (viii) your signature or if you are represented by counsel, your
counsel’s signature. You are not required to personally appear at the Final Approval Hearing for your objection to
be considered by the Court.
To retain your right to appeal from any provision of the order approving the Settlement as fair, reasonable and
adequate, the award of incentive payments, or to the award of reasonable attorneys’ fees and expenses paid by BMW
NA and awarded to Class Counsel, you must file an objection. If you intend to appear at the fairness hearing
through counsel, the objection must also state the identity of all attorneys representing you who will appear at the
fairness hearing.
9. FAIRNESS HEARING: On March 27, 2019, in Courtroom 2 of the United States Courthouse, United States District
Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, the Honorable
William H. Orrick, United States District Judge, will hold a fairness hearing for the purpose of deciding (a) whether
the settlement should be approved as fair, reasonable, and adequate for the class; (b) whether a judgment granting
approval of the settlement and dismissing the lawsuit with prejudice should be entered; and (c) whether Class Counsel’s
application for attorneys’ fees and expenses and incentive award for the named Plaintiff should be granted. The hearing
may be postponed, adjourned, or rescheduled by the Court without further notice to the class. You do not need to
attend this hearing to remain a member of the class or participate in the settlement.
10. EXAMINATION OF PAPERS FILED IN THE CASE: This notice summarizes the proposed settlement. For full details of the
matters discussed in this notice, you may wish to review the Class Action Settlement Agreement and Release dated
November 7, 2017, a copy of the complaint, and other settlement related documents, on file with the Court, and also
QUESTIONS? CALL TOLL-FREE 1-877-310-3707 OR VISIT www.ComfortAccessSettlement.com
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available at the dedicated website of www.ComfortAccessSettlement.com., by contacting class counsel, Stephen M
Harris, Law Office of Stephen M. Harris, P.C., 6320 Canoga Avenue, Suite 1500, Woodland Hills, CA 91367, Tel:
(818) 924-3103, [email protected], Law Office of Robert L. Starr, A.P.C., 23901 Calabasas Rd., Ste 2072,
Calabasas, CA 91302, Tel: (818) 225-9040, [email protected], or by accessing the Court docket in this case through
the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting
the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450
Golden Gate Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding
Court holidays. Also, all other pleadings and papers filed in the lawsuit are available for inspection and copying during
regular business hours at the court house or through PACER, referred to above.
11. ADDITIONAL INFORMATION: You can get more information by viewing the settlement website at www.
ComfortAccessSettlement.com, or contacting Class Counsel: Stephen M Harris, Law Office of Stephen M. Harris,
P.C., 6320 Canoga Avenue, Suite 1500, Woodland Hills, CA 91367, Tel: (818) 924-3103, [email protected],
Law Office of Robert L. Starr, A.P.C., 23901 Calabasas Rd., Ste 2072, Calabasas, CA 91302, Tel: (818) 225-9040,
[email protected]. Please include the reference Myers v. BMW of North America, LLC.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE
ABOUT THIS NOTICE, THE SETTLEMENT OR THE CLAIM PROCESS.
BY ORDER OF THE COURT
Dated: January 8, 2019
Clerk of the Court
QUESTIONS? CALL TOLL-FREE 1-877-310-3707 OR VISIT www.ComfortAccessSettlement.com
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Comfort Access Locking
This insert is a supplement to the “Comfort Access” section for the “Owner’s
Manual for Vehicle.” Please place this inside your manual and keep it there.
Comfort Access uses interior and exterior vehicle antennas to detect the location of
the remote control. Although Comfort Access detects a remote control located in the
vehicle’s interior, you can still lock the remote control inside the vehicle if:
• The doors are locked using the “lock” button on the remote control (2 below)
and the doors are closed while the remote control is inside. You can lock the
doors unintentionally when the remote control is inside a purse or briefcase and
the “lock” button is pressed by other objects on top of the remote control.
• The areas on the door handle that unlock the doors (arrow 1) and lock the doors
(arrow 2) are touched at the same (or almost the same) time when opening the
door. If you then place the remote control inside the car and close the doors
from the outside, the remote control is locked inside the vehicle.
NOTE: To avoid potentially locking yourself out of the vehicle, always keep the
remote control on your person at all times. Never place the remote control inside
the vehicle (separately or inside a purse/briefcase) and close all vehicle doors
while you are outside.
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