Christopher J. Dalton
Daniel Z. Rivlin
Buchanan Ingersoll & Rooney PC
550 Broad Street, Suite 810
Newark, New Jersey 07102-4582

18. What’s the difference between objecting and excluding?

Objecting is simply telling Judge Arleo that you don’t like something about the Settlement. You can object only if you stay
in the Settlement. Excluding yourself is telling Judge Arleo that you don’t want to be part of the Settlement. If you exclude
yourself, you have no basis to object because the Settlement no longer affects you.
19. When and where will Judge Arleo decide whether to approve the Settlement?

Judge Arleo will hold a “Final Approval Hearing” to decide whether to approve the Settlement on September 10, 2018
at 2:30 p.m., at the United States District Court for the District of New Jersey, Rev. Dr. Martin Luther King, Jr. Federal
Building & U.S. Courthouse, 50 Walnut Street, Newark, New Jersey 07102. At this hearing, Judge Arleo will determine
whether the Settlement is fair, adequate, and reasonable and whether the objections by Class Members, if any, have merit.
If you have filed an objection on time, you may attend and ask to speak, but you don’t have to. However, Judge Arleo will
only listen to people who have asked to speak at the hearing (See Question 21 below). At this hearing, Judge Arleo will also
decide the service awards for the Class Representatives, as well as the attorney’s fees for the lawyers representing the Class
Members. We do not know how long the Court’s decision will take, and the hearing date may change due to other court
business. You should monitor www.BangClassSettlement.com to find out if any dates have changed and to learn if Judge
Arleo has approved the Settlement.
QUESTIONS? CALL TOLL-FREE 1-877-832-4402 OR VISIT www.BangClassSettlement.com
PARA UNA NOTIFICACION EN ESPANOL, LLAMAR O VISITAR NUESTRO www.BangClassSettlement.com
-9-

20. Do I need to go to the hearing?

No. Class Counsel will answer any questions Judge Arleo may have, but you are welcome to come at your own expense. If
you send an objection, you don’t have to come to Court to talk about it. As long as you mail your valid written objection on
time, Judge Arleo will consider it. You may also pay another lawyer to attend, but it’s not required.
21. May I speak at the hearing?

You may ask Judge Arleo for permission to speak at the Final Approval Hearing. To do so, you must file a “Notice of Intent
to Appear” in Bang v. BMW of North America, LLC, Case No. 2:15-cv-06945-MCA-SCM. Be sure to include your name,
address, telephone number, signature, and other requirements outlined in Answer 17. Your Notice of Intent to Appear must
be postmarked no later than August 23, 2018, and mailed to the addresses listed in Answer 17. You cannot speak at the
hearing if you have excluded yourself from the Settlement.
22. What if I do nothing?

If you do nothing, you will give up the right to be part of any other lawsuit against Defendants about the legal claims released
by the Settlement. You will be entitled to take your Class Vehicle to a BMW Center for the Service Campaign benefits
described in Answer 6.B., above. However, you will not receive any of the reimbursement benefits described in Answer 6.A.
offered by this Settlement unless you timely submit a Claim Form.
23. Are there more details about the Settlement?

This notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get copies of the
Settlement Agreement and related documents at www.BangClassSettlement.com. You may also write with questions to
Bang Settlement Administrator - 6013, PO Box 44, Minneapolis, MN 55440-0044. You can also call the toll-free number,
1-877-832-4402.

QUESTIONS? CALL TOLL-FREE 1-877-832-4402 OR VISIT www.BangClassSettlement.com
PARA UNA NOTIFICACION EN ESPANOL, LLAMAR O VISITAR NUESTRO www.BangClassSettlement.com
- 10 -

Bang Settlement Administrator - 6013
PO Box 44
Minneapolis MN 55440-0044

F O R O F F I C I A L U S E O N LY

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I MP O R TA N T L EG AL M ATERIAL S

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Page 1 of 1

CL AS S AC TI ON S E TTLEMENT O IL SERV IC E C O U PO N
Case: Bang, et al. v. BMW of North America, LLC, et al.

Current owners or lessees of a Class Vehicle (Model Year 2009 – 2014 BMW vehicle with an N63 engine) are
eligible for the following benefit:
•

A credit of up to $75.00 toward the cost of “each” of the three (3) engine oil services* on your Class Vehicle
at an authorized BMW Center, within the earlier of 10 years or 120,000 miles from the vehicle’s original inservice date

Conditions:
 Th i s c r edit will b e availab le on or af te r the E f fe c ti ve Da te of the S e ttle men t , refer to
w w w. B an gC lassSe ttle m e nt.co m.
 This credit may be used only towards engine oil services performed at an authorized BMW Center.
 The engine oil service(s) must occur within 10 years or 120,000 miles, whichever occurs first, from the vehicle’s
original in-service date.
 You must retain and present this coupon to an authorized BMW Center when redeeming at your next scheduled
engine oil service* after the Effective Date.
 This coupon has “no cash value”. All other related costs beyond the $75.00 credit will be at your expense.
 This original voucher must be presented to the BMW Center at redemption.
 This voucher will become invalid if you opt out of this Settlement.
The BMW Center will use this coupon to determine the remaining engine oil service credit(s) by each of the following
VIN specific engine oil service codes identified below:
Oil Service 1

Oil Service 2

Oil Service 3

Dealer Stamp at time of Redemption

Dealer Stamp at time of Redemption

Dealer Stamp at time of Redemption

*6013*

Date:

/

/

Date:

/

/

Date:

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/

*CORR*

*RUST*

Bang Settlement Administrator - 6013
PO Box 44
Minneapolis MN 55440-0044

F O R O F F I C I A L U S E O N LY

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Page 1 of 1

C L AS S AC TI ON SETTLEMENT C REDIT VO U C HER
Case: Bang, et al. v. BMW of North America, LLC, et al.

VOUCHER CODE:
Current and Former Owners or Lessees of a Model Year 2009 - 2014 BMW vehicle equipped with an N63 engine (Class
Vehicle) are eligible for one of the following benefits:
$1,500.00 credit voucher toward the purchase or lease of a new BMW 6 or 7 Series vehicle at an authorized BMW
Center; or
$1,000.00 credit voucher toward the purchase or lease of any other new BMW model at an authorized BMW Center.
Conditions:
 This credit voucher is transferable to an immediate family member (children, parents, and siblings).
 This credit voucher has “no cash value”. All other related costs beyond the credit voucher will be solely at
your expense.
 You must redeem it at an authorized BMW Center towards the purchase or lease of a new BMW vehicle.
 This credit voucher can be used only once towards the purchase or lease of a new BMW vehicle.
 This credit voucher is valid for one (1) year from the Effective Date of the Settlement, refer to
www.BangClassSettlement.com.
 This original voucher must be presented to the BMW Center at redemption.
 This voucher will become invalid if you opt out of this Settlement.

Select One (The BMW Center will validate this voucher and provide you with the credit you select.)
$1,500 credit
$1,000 credit

*6013*

*CORR*

*RUST*

Bang Settlement Administrator - 6013
PO Box 44
Minneapolis MN 55440-0044

F O R O F F I C I A L U S E O N LY

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Page 1 of 4
If the pre-printed information to the left is not correct
or if there is no pre-printed information, please check
the box and complete the information below:
Name:
Address:
City:
State:

Zip Code:

CLAIM FORM TO RECEIVE REIMBURSEMENT FOR ELIGIBLE PAST EXPENSES IN
BANG v. BMW OF NORTH AMERICA, LLC
Complete this form only if you wish to make a claim for reimbursement for eligible past expenses
benefits available under the Settlement.
PLEASE TYPE OR PRINT LEGIBLY
This form must be submitted or postmarked on or before October 10, 2018
You must supply all of the following information in order to obtain reimbursement for eligible past expenses under this
Settlement.
Name:
Address:
Email address:
BMW Model Year: 20

Model:

(ex: 550 or X6)

Vehicle Identification Number:
(The VIN is 17 characters and can be found on the metal plate at the bottom of the driver’s side front windshield or on your sale
or title documents.)
Date of Purchase/Lease:

/

/

YOU MAY BE ELIGIBLE FOR ONE OR MORE OF THE FOLLOWING BENEFITS/REIMBURSEMENTS FOR PAST EXPENSES
PROVIDED UNDER THE SETTLEMENT:
A. Reimbursement for Past Oil Services or Vouchers for Future Oil Services
B. Reimbursement for up to 7 Quarts of Oil Previously Purchased Between Oil Services
C. Reimbursement for Past Towing/Rental/Roadside-Assistance Service
D. Reimbursement for the Past Replacement of a Battery that was less than 3 Years Old
PLEASE COMPLETE THIS CLAIM FORM ONLY IF YOU ARE
SEEKING ANY OF THE BENEFITS/REIMBURSEMENTS LISTED ABOVE.

QUESTIONS? CALL TOLL-FREE 1-877-832-4402 OR VISIT www.BangClassSettlement.com

*6013*

*CF*

*RUST*

*clmnt_idno*
You MUST submit this Claim Form if you are seeking reimbursement for any of the items listed in A-D on the previous page. You do
not need to submit this Claim Form if you are only seeking the relief detailed in items E-H (below):
E.

You are a current owner or lessee of a Class Vehicle seeking to have the “N63 Customer Care Package” performed on your
Class Vehicle, and your Class Vehicle has not yet received the N63 Customer Care Package; you should contact your local
BMW Center to schedule an appointment.

F.

You are a current owner or lessee of a Class Vehicle seeking Oil-Consumption Testing or engine replacement following failed
oil-consumption tests, please check the Settlement website www.BangClassSettlement.com after September 10, 2018 to
see if the Settlement has been approved and become effective. After the Settlement has become effective, you can make
an appointment with a BMW Center.

G. You are a current owner or lessee of a Class Vehicle seeking three (3) Future Oil Services on a Class Vehicle; a voucher for
those services is included with this Notice Package.* Those Future Oil Services will be available after the Settlement has
become effective.
H. You are a current or former owner or lessee of a Class Vehicle seeking to obtain the New Vehicle Discount; a voucher for that
benefit is included with this Notice Package. The New Vehicle Discount will be available after the Settlement has become
effective.
In order to expedite your claim submission and processing, please place a check mark () or (X) next to each
benefit you are seeking (you may be eligible for more than one benefit):
Reimbursement for Past Oil Services and/or Vouchers for Future Oil Services (go to “A” below)
Reimbursement for up to 7 Quarts of Oil Previously Purchased Between Oil Services (go to “B” below)
Reimbursement for Past Towing/Rental/Roadside-Assistance Service (go to “C” below)
Reimbursement for Past Replacement of a Battery that was less than 3 Years Old (go to “D” below)
PLEASE SEE QUESTIONS 7 AND 9 ON THE NOTICE FORM FOR MORE INFORMATION AND LIMITATIONS.
CLAIMS FOR REIMBURSEMENT FOR PAST EXPENSES
If you are seeking reimbursement for past expenses, please follow these instructions. You can seek reimbursement for more than
one category. Please print the applicable reimbursement category or categories (A, B, C, and/or D) on the top right-hand corner
of any documents that you submit to support a reimbursement claim.
A. Reimbursement for Past Oil Services
To obtain reimbursement for up to three (3) past oil services (not to exceed $75 each), you must submit for each oil service
claimed documents showing:
a.

The amount you paid for the oil service as evidenced by a repair invoice; and

b. That the oil service occurred prior to 10 years/120,000 miles from your Class Vehicle’s in-service date; and
c.

That the oil service took place less than 12 months/10,500 miles after a previous oil service as evidenced by the repair
invoice of the prior oil service and the invoice for the oil service for which you are seeking reimbursement.

For each set of supporting documents submitted (up to 3), please indicate that they are being submitted for Reimbursement
Category A by writing “A” in the top right-hand corner of each document. Alternatively, instead of reimbursement, you can choose
to receive a voucher good for a future oil service on a Class Vehicle. Please note your choice below.

QUESTIONS? CALL TOLL-FREE 1-877-832-4402 OR VISIT www.BangClassSettlement.com
Page 2 of 4

*clmnt_idno*
You can use the table below for each oil service that you are seeking to have reimbursed or for which you are seeking a voucher
for a future oil service.
Claim

Mileage

Date

Cash

Voucher

Oil service for which you are seeking reimbursement
1

Prior oil service
Difference (must be less than 12 months/10,500 miles)
Oil service for which you are seeking reimbursement

2

Prior oil service
Difference (must be less than 12 months/10,500 miles)
Oil service for which you are seeking reimbursement

3

Prior oil service
Difference (must be less than 12 months/10,500 miles)

B. Reimbursement for Past Oil Purchases for up to 7 Quarts of Oil Previously Purchased Between Oil Services
To obtain reimbursement for the cost (up to $10 per quart) of up to seven (7) quarts of oil that you purchased between oil services,
you must submit documents showing that:
a.

The oil was of the same type and grade specified for your Class Vehicle in the owner’s manual or on the vehicle, as
evidenced by a proof of purchase or a repair order/service invoice; and

b. There was at least one (1) prior oil-consumption complaint about your Class Vehicle to BMW NA or an authorized BMW
Center, as confirmed by a repair order, a BMW NA Customer Relations Report, or other written documentation of an oilconsumption complaint to BMW NA or to one of its authorized centers; and
c.

Your Class Vehicle had fewer than 10 years and 120,000 miles at the time of oil purchase(s) as evidenced by required
proofs, for example, service records from before and/or after the oil purchase.

For each set of supporting documents submitted (for up to seven (7) quarts of oil), please indicate that they are being submitted
for Reimbursement Category B by writing “B” in the top right hand corner of each document.
C. Reimbursement for Past Towing/Rental/Roadside-Assistance Service
To obtain reimbursement of up to $50 for the cost of one (1) towing/rental/roadside-assistance service you incurred because of
an excess oil consumption or premature battery failure issue, you must submit documents showing that:
a.

Your Class Vehicle was towed to an authorized BMW Center or a third-party repair facility as evidenced by a repair order
or service invoice; and

b. The repair order or service invoice states that the towing/rental/roadside-assistance service was related to an excess
oil consumption or a premature battery failure issue.
Please indicate that the supporting documents are being submitted for Reimbursement Category C by writing “C” in the top
right-hand corner of each document.
D. Reimbursement for Past Replacement of a Battery that Was Less than 3 Years Old
If you are seeking reimbursement for one (1) replacement of a 90 Ah or 105 Ah battery, you must submit documents showing that:
a.

You purchased a 90 Ah or 105Ah battery;

b. The replaced (discharged) battery was less than 3 years old; and
c.

You purchased the replacement (new) battery outside the 4 year/50,000 mile New Vehicle Limited Warranty period.

Please indicate that the supporting documents are being submitted for Reimbursement Category D by writing “D” in the top
right-hand corner of each document.

QUESTIONS? CALL TOLL-FREE 1-877-832-4402 OR VISIT www.BangClassSettlement.com
Page 3 of 4

*clmnt_idno*
Did you receive any “goodwill” or other cost/price adjustment, coupon, reimbursement, or refund from BMW NA, a BMW Center,
insurer or any person or entity associated with Defendants, equal to or in excess of the amount of the claim submitted in connection
with any of the above services, repairs, or replacement?
If so, please provide proof of same and explain below.

COMPLETED CLAIM FORMS CAN BE SUBMITTED BY MAIL OR ONLINE.
IF SUBMITTING BY MAIL, COMPLETE THIS CLAIM FORM AND MAIL IT, POSTMARKED ON OR BEFORE OCTOBER 10, 2018 TO:
Bang Settlement Administrator - 6013
PO Box 44
Minneapolis, MN 55440-0044
IF SUBMITTING ONLINE, COMPLETE AND SUBMIT THE CLAIM FORM AVAILABLE AT WWW.BANGCLASSSETTLEMENT.COM ON OR
BEFORE OCTOBER 10, 2018.
CLAIMANT DECLAR ATION
I declare under penalty of perjury that the information above and the documents I have supplied are true and correct to the best
of my knowledge.
Signed On:

/
/
(DD/MM/YYYY)

in

,

(City)

(State)

(Sign your name here)

(Type or print your name here)

(Capacity of person signing - if applicable)

QUESTIONS? CALL TOLL-FREE 1-877-832-4402 OR VISIT www.BangClassSettlement.com
Page 4 of 4

United States District Court for the District of New Jersey
If you are a current or former owner or lessee of a model-year 2009 to 2014 BMW vehicle with an “N63” engine, you
could get benefits from a class-action settlement.
A federal court has authorized this notice. This is not a solicitation from a lawyer.
•
•
•

A nationwide settlement has been reached in a class action lawsuit against BMW of North America, LLC and Bayerische
Motoren Werke Aktiengesellschaft involving certain model-year 2009 to 2014 BMW 5 series, 6 series, 7 series, X5, and
X6 vehicles equipped with an N63 engine.

The Settlement provides an opportunity to be reimbursed for certain past expenses and to obtain free future benefits,
which are explained more fully below.
Your legal rights are affected whether you act or don’t act, so please read this notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
SUBMIT A CLAIM FORM
Make a claim to receive the valuable Claims must be submitted by October
AND/OR TAKE YOUR
reimbursements for eligible past 10, 2018. See Question 8, below.
CLASS VEHICLE TO AN
expenses and benefits potentially You may bring your Class Vehicle to
AUTHORIZED BMW CENTER available to you under the Settlement a BMW Center and/or utilize the
and/or take your vehicle to an new vehicle discount voucher and free
authorized BMW Center for certain future oil services vouchers after the
free services after the Settlement is Settlement is approved. See Question 6,
approved and/or utilize the new vehicle below.
discount voucher and free future oil
services vouchers.
EXCLUDE YOURSELF
Write to the Settlement Administrator Requests for Exclusion must be
to opt out of the Settlement. This is the postmarked by August 23, 2018. See
only option that allows you to be part of Question 12, below.
any other lawsuit, or your own lawsuit,
against the Defendants about the legal
claims released in this Settlement.
OBJECT
Write to the judge about why you do Objections must be postmarked by
not like the Settlement.
August 23, 2018. See Question 17,
below.
GO TO A HEARING
DO NOTHING

•
•

Ask to speak in court to the judge about The Final Approval Hearing is currently
the Settlement.
scheduled for September 10, 2018. See
Question 19, below.
Give up many of the benefits you may See Question 22, below.
be entitled to under the Settlement and
your right to be part of any other lawsuit
against the Defendants about the legal
claims released by the Settlement.

These rights and options -- and the deadlines to exercise them -- are explained in this notice.

The Court in charge of this case still must decide whether to approve the Settlement before any benefits can be distributed.
Please be patient and check the settlement website for updates.

QUESTIONS? CALL TOLL-FREE 1-877-832-4402 OR VISIT www.BangClassSettlement.com
PARA UNA NOTIFICACION EN ESPANOL, LLAMAR O VISITAR NUESTRO www.BangClassSettlement.com
-1-

BASIC INFORMATION
1.
2.
3.
4.

WHAT THIS NOTICE CONTAINS

Why have I received this notice?
What is the lawsuit about?
Why is this a class action?
Why is there a Settlement?

2-3

WHO IS IN THE SETTLEMENT

3

THE BENEFITS: WHAT YOU GET

4-6

HOW TO GET BENEFITS

7

EXCLUDING YOURSELF FROM THE SETTLEMENT

7-8

THE LAWYERS REPRESENTING YOU

8

OBJECTING TO THE SETTLEMENT

9

THE COURT’S FINAL APPROVAL HEARING

9-10

WHAT IF I DO NOTHING?

10

GETTING MORE INFORMATION

10

5. How do I know if I am part of the Settlement? What vehicles are included in the Settlement?
6. What are the benefits of the Settlement?
7. What am I giving up in exchange for the Settlement benefits?
8. How do I get the benefits of the Settlement?
9. What if my claim is denied?
10. When will I get the benefits?
11.
12.
13.
14.

Can I exclude myself from this Settlement?
If I exclude myself, can I get anything from this Settlement?
If I don’t exclude myself, can I sue later?
How do I exclude myself from the Settlement?

15. Do I have a lawyer in the case?
16. How will the lawyers be paid?

17. How do I tell the Court if I don’t like the Settlement?