18. What’s the difference between objecting and excluding?
19. When and where will the Court decide whether to approve the Settlement?
20. Do I need to go to the hearing?
21. May I speak at the hearing?

22. What happens if I do nothing?

23. Are there more details about the Settlement?

1. Why have I received this notice?

A Court has authorized this notice because you have a right to know about the proposed settlement of this class-action
lawsuit, and your options, before the Court decides whether to give “final approval” to the Settlement. This notice explains
the lawsuit, the proposed Settlement, and your legal rights. You have received this notice because BMW’s records indicate
that you are a current or former owner or lessee of a model-year 2009-2014 BMW 5 series, 6 series, 7 series, X5, or X6
vehicle equipped with an N63 engine purchased or leased in the United States or Puerto Rico.

Judge Madeline Cox Arleo of the United States District Court for the District of New Jersey is overseeing this class-action
lawsuit, known as Bang, et al. v. BMW of North America, LLC and Bavarian Motor Works, Civil Action No. 2:15-cv-06945
(the “Action”). Joon Bang, Razvan Victor Bengulescu, Gerald Bezems, Scott Crockett, Rifat Gorener, Christopher Lesieur,
Lawrence Marcus, and Mikhail Suleymanov, the people who sued, are called the “Plaintiffs,” and the companies that were
sued, BMW of North America, LLC (“BMW NA”), and Bayerische Motoren Werke Aktiengesellschaft (“BMW AG”), are
called the “Defendants.”
QUESTIONS? CALL TOLL-FREE 1-877-832-4402 OR VISIT www.BangClassSettlement.com
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2. What is the lawsuit about?

This lawsuit involves model-year 2009-2014 BMW 5 series, 6 series, 7 series, X5, and X6 vehicles equipped with N63
engines that were purchased or leased in the United States or Puerto Rico (the “Class Vehicles”). The lawsuit alleges that
the Class Vehicles consume excessive amounts of engine oil, requiring additional oil changes and the need for adding engine
oil between regular oil changes, as well as substantial battery drain potentially causing premature battery failure. BMW AG,
which manufactures BMW vehicles, and BMW NA, which distributes and warrants BMW vehicles in the U.S., deny these
allegations and stand behind and support their products.
3. Why is this a class action?

In a class action, one or more people called “Class Representatives” assert claims on behalf of people who have similar claims.
All of these people are the “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those
who timely exclude themselves from (or “opt out” of ) the Class. The Class Representatives in the Action are the Plaintiffs
identified above. You have received this notice because you have been identified as potentially being a Class Member.
4. Why is there a Settlement?

All parties have agreed to a Settlement to avoid further cost and risk of a trial, and so that the people affected can begin getting
benefits in exchange for releasing the Defendants from liability for the claims that were raised or could have been raised in
the Action involving the Class Vehicles’ alleged engine oil consumption and battery failure issues. The Settlement does not
mean that the Defendants broke any laws, or otherwise did anything wrong, because Judge Arleo did not decide which side
was right. The Class Representatives and the lawyers representing them think the Settlement is fair and reasonable for the
Class.
5. How do I know if I am part of the Settlement? What vehicles are included in the Settlement?

The Settlement Class includes all persons or entities in the United States and Puerto Rico who currently own or lease, or
previously owned or leased, certain U.S. specification model-year 2009-2014 BMW 5 series, 6 series, 7 series, X5, or X6
vehicles equipped with an N63 engine purchased or leased in the United States or Puerto Rico, which include the following
vehicles:
Model Year Designation
2009 to 2012
2010 to 2013
2010 to 2012
2010 to 2013
2011 to 2012
2011 to 2012
2010 to 2013
2009 to 2014
2009 to 2012

Production Range
3/2009 to 6/2012
4/2010 to 6/2012
9/2009 to 6/2012
3/2010 to 7/2013
3/2011 to 7/2012
7/2011 to 7/2012
3/2010 to 6/2013
7/2008 to 6/2014
9/2009 to 9/2011

Model Designation
7 Series Sedan (F01 & F02)
7 Series Active Hybrid (F04)
5 Series Gran Turismo (F07)
5 Series Sedan (F10)
6 Series Convertible (F12)
6 Series Coupe (F13)
X5 SAV (E70)
X6 SAV (E71)
X6 Active Hybrid SAV (E72)

Please note that not all vehicles in the model years identified above contained the N63 engine at issue in the Action. You have received
this notice because BMW’s records indicate that you have or had a BMW vehicle with an N63 engine. If you’re not sure whether
you are included in the Settlement Class, you may call 1-877-832-4402 with questions.

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

6. What are the benefits of the Settlement?

If Judge Arleo grants final approval of the Settlement and the Settlement becomes effective (the “Effective Date”), you may
be entitled to some or all of the following benefits.
A. Reimbursement for Past Expenses

Class Members may be eligible for reimbursement of various expenses related to excessive engine oil consumption and
premature battery failure.
i.

Reimbursement for Past Oil Services

Class Members are eligible to receive reimbursement for the cost (not to exceed $75 each) of up to 3 past Oil Services on a
Class Vehicle if:

a. The amounts were actually paid by the Class Member at the time of Oil Service as evidenced by a repair invoice;
and
b. The Oil Service occurred prior to 10 years/120,000 miles from the Class Vehicle’s in-service date; and

c. 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 reimbursement is sought.

In the alternative, Class Members may elect to receive one (1) free future Oil Service in lieu of reimbursement for each
qualifying past Oil Service, in addition to the future free Oil Services provided below (see Answer 6.B.ii).
ii. Reimbursement for Past Oil Purchases for up to 7 Quarts of Oil Purchased Between Oil Services

Class Members are eligible to receive reimbursement of the cost (up to $10 per quart) of up to seven (7) quarts of oil that
the Class Member purchased between oil services prior to the Effective Date if:

a. The oil was of the same type and grade specified for the Class Vehicle in the owner’s manual or on the vehicle,
as evidenced by proof of purchase, repair order, or service invoice; and
b. At least one (1) prior oil-consumption complaint about the Class Vehicle was communicated to BMW NA
or an authorized BMW Center, as confirmed by a repair order, Customer Relations Report, or other written
documentation of an oil-consumption complaint to BMW NA or to one of its authorized BMW Centers; and
c. The 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 oil purchase.

iii. Reimbursement for Towing/Rental/Roadside-Assistance Service

Class Members are eligible to receive reimbursement up to $50 for the cost of one (1) towing/rental/roadside assistance
incurred by Settlement Class Members because of an excess oil consumption or premature battery failure issue if:
a. the Class Vehicle was towed to an authorized BMW Center or a third-party repair facility as evidenced by a
repair/service invoice; and
b. the Class Member repair/service invoice states that the towing/rental/roadside-assistance service was related to
an excess oil consumption or a premature battery failure issue.

iv. Reimbursement for Past Replacement of a Battery that Was Less than 3 Years Old

Class Members are eligible to receive reimbursement for the cost of one (1) replacement of a 90 Ah or 105 Ah battery
purchased prior to the mailing of the Class Notice, where the Class Member provides proof that (a) the Class Member
purchased a new battery, (b) the replaced (discharged) battery was less than 3 years old, and (c) the replacement (new) battery
was purchased outside the 4 year/50,000 mile New Vehicle Limited Warranty period.
*
*
*
Limitations: Defendants do not warrant or guarantee any repairs performed at third-party (non-BMW) repair shops and,
should any such repairs fail after a Settlement Class Member has made a claim under the Settlement, the Settlement Class
Member will not be entitled to submit an additional claim.
In order to obtain reimbursement for eligible past expenses, you must submit a Claim Form and include all of the
documentation described above and identified on the Claim Form.
QUESTIONS? CALL TOLL-FREE 1-877-832-4402 OR VISIT www.BangClassSettlement.com
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B. Service Campaign for Class Vehicles

If you currently own or lease a Class Vehicle, you may be eligible for service credits and other relief going forward (after the
Effective Date).
i.

N63 Customer Care Package

Defendants have already made available at no cost to current owners and lessees of Class Vehicles the “N63 Customer Care
Package” (described in BMW Service Information Bulletin SI B11 06 14) intended to eliminate or reduce excess engine oil
consumption and premature battery failure. The N63 Customer Care Package is available regardless of the age or mileage
of a Class Vehicle; however, each Class Vehicle is entitled to receive the N63 Customer Care Package only once. If you’re
unsure whether the N63 Customer Care Package has been performed on your Class Vehicle, you can contact your local
BMW Center or BMW NA Customer Relations (at 800-831-1117). When contacting your BMW Center or BMW NA
Customer Relations, please have your Class Vehicle’s Vehicle Identification Number (“VIN”) available. (The VIN can be
found on the metal plate at the bottom of the driver’s side front windshield or on your sale or title documents.)
If your Class Vehicle has not yet received the N63 Customer Care Package, you may schedule an appointment to take it to
your local BMW Center to have it performed at no cost.
ii. Three (3) Free Future Oil Services

Current owners or lessees of Class Vehicles will receive 3 future Oil Services (up to $75 per Oil Service) on a Class Vehicle
performed at a BMW Center during the earlier of 10 years or 120,000 miles from the in-service date of the Class Vehicle.
A voucher for those future Oil Services is included with this package. The Oil Services will become available after the
Settlement is effective.
iii. Oil-Consumption Testing

If, during the earlier of the first 10 years or 120,000 miles that a Class Vehicle has been on the road, but in no event less than
1 year or 12,000 miles from the Effective Date, the Class Vehicle’s “Low Oil” light illuminates before the Condition Based
Service (“CBS”) Indicator or the “oil service” light comes on, BMW will provide up to three (3) Oil-Consumption Tests per
Class Vehicle at a BMW Center at no cost to the then-current owner or lessee of the Class Vehicle. The Oil-Consumption
Test will help to determine whether the Class Vehicle is consuming an excess amount of oil. BMW will provide the
applicable repairs, including diagnosis, at no charge to correct a failed Oil-Consumption Test, up to the earlier of 10 years or
120,000 miles from the Class Vehicle’s in-service date at the time of the failed Oil-Consumption Test.
iv. Engine Replacement

Class Members who are then-current owners or lessees of Class Vehicles may be eligible to receive one (1) replacement
engine, which will include the cylinder heads, per Class Vehicle during the earlier of 10 years or 120,000 miles from a Class
Vehicle’s in-service date, if:

a. the N63 Customer Care Package (described in Service Information Bulletin SI B11 06 14) has been performed
on the Class Vehicle; and
b. the Class Vehicle thereafter fails two (2) Oil-Consumption Tests; and

c. BMW cannot completely resolve the excess oil consumption issue after the second failed Oil-Consumption
Test and second repair attempt; and
d. the Class Vehicle is then brought back to a BMW Center for an Oil Consumption issue and the BMW Center
confirms that there in fact remains an Oil Consumption issue; and
e. the Class Member agrees to “contribute” to the total replacement cost of the engine (inclusive of parts and labor)
as follows:
Odometer Miles at the time of Return to a BMW Center for an Oil-Consumption
Issue After Second failed Oil-Consumption Test and Second Repair Attempt
50,001
60,000
60,001
70,000
70,001
80,000
80,001
90,000
90,001
100,000

Customer Contribution BMW Contribution
5%
15%
30%
45%
60%

95%
85%
70%
55%
40%

QUESTIONS? CALL TOLL-FREE 1-877-832-4402 OR VISIT www.BangClassSettlement.com
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100,001
110,001
120,001

110,000
120,000
above

75%
90%
100%

25%
10%
0%

Note: If a Class Vehicle is brought to a BMW Center and BMW, in its discretion, determines not to attempt to make a repair related
to excess oil consumption, but instead to replace the engine due to the excess oil consumption, the Class Member will have the option
for an engine replacement but must agree to contribute to the total replacement cost of the engine (inclusive of parts and labor) in the
percentage associated with the odometer mileage of the Class Vehicle at the time BMW determines to recommend replacing the engine
rather than attempting to repair it as set forth in the chart above.
v.

Replacement Battery

For Class Vehicles that can be retrofitted with a 105Ah battery, BMW will provide the Settlement Class Member who is
a current owner or lessee with one (1) new 105Ah battery to replace the 90Ah battery if they did not previously receive a
replacement battery, and, thereafter, 105Ah replacement batteries at a BMW Center, if the 105Ah battery fails within two
(2) years of installation (not due to customer negligence) as evidenced by a prior invoice for replacement of the battery.
For Class Vehicles with a 90Ah battery (as of the Settlement Class Notice Date), that cannot accommodate the 105Ah
battery, BMW will provide the Settlement Class Member who is a current owner or lessee with 90Ah replacement batteries
at a BMW Center, if any such battery fails within two (2) years of installation (not due to customer negligence) as evidenced
by a prior invoice for replacement of the battery.
C. New Vehicle Credit Voucher

Included with this Notice is a voucher good for $1,500 towards the purchase or lease of a new BMW 6 or 7 Series vehicle or
$1,000 towards the purchase or lease of any other new BMW vehicle. The voucher will be transferable to immediate family
members (children, parents, and siblings) and will be valid for one (1) year from the Effective Date of this Settlement.
As part of the claims-confirmation process, a claim for reimbursement will be rejected if: (1) the Vehicle’s warranty was
voided because (a) the VIN has been altered or cannot be read, (b) the Vehicle has been declared a total loss or sold for
salvage purposes (for reasons unrelated to excess oil consumption or premature battery failure issues), or (c) the Vehicle
has been used in any competitive racing event (this does not include non-driving events where the Vehicle is on display);
(2) the VIN number associated with the claim does not match the Settlement Class Member’s VIN number; or (3) the
claim for reimbursement is (a) for an item or service that is not covered under this Settlement Agreement, or (b) for which
a claim under this Settlement Agreement has already been made and paid, or (c) for which the Class Member has received
“goodwill” or other cost/price adjustment, coupon, reimbursement, or refund from BMW NA, a BMW Center, an insurer or
any person or entity associated with Defendants, equal to or in excess of the amount of the claim submitted.
7. What am I giving up in exchange for the Settlement benefits?

If the Settlement becomes final, Class Members will be releasing Defendants and related people and entities from all of
the claims described and identified in Section VII.A of the Settlement Agreement. In essence, the claims released by Class
Members are all claims (except for personal injury or damage to property other than the Class Vehicle) that could arise based
on excess engine oil consumption or premature battery failure in the Class Vehicles. The Settlement Agreement is available
at www.BangClassSettlement.com. The Settlement Agreement describes the released claims with specific descriptions, in
necessarily accurate legal terminology, so read it carefully.
Judge Arleo has appointed specific lawyers to represent you in this lawsuit and Settlement. You can talk to one of the lawyers
listed in Answer 15 below, free of charge, if you have questions about the released claims or what they mean. You can also
speak with your own lawyer, should you have one, about this 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
-6-

8. How do I get the benefits of the Settlement?

If you are a Class Member and the N63 Customer Care Package has not yet been performed on your vehicle, you can
schedule an appointment with your local BMW Center to have it performed.
If are a Class Member and would like to obtain the other Service Campaign benefits described in Answer 6.B., above, you
can do so after the Effective Date of the Settlement by making an appointment for the Service Campaign with an authorized
BMW Center in your area. The Effective Date is thirty (30) days after Judge Arleo gives final approval of the Settlement, unless
an appeal is filed, in which case it may be longer.
If you are a Class Member and would like to obtain the reimbursement benefits (described in Answer 6.A., above), you
need to complete the Claim Form that accompanies this Notice and mail or email it, with all the required proofs, to the
address provided on the Claim Form. Additional Claim Forms are available at www.BangClassSettlement.com. The current
deadline for submitting Claim Forms is October 10, 2018.

You may use the Future Oil Services and New Vehicle Discount vouchers included with this Notice after the Effective Date.
The Effective Date is thirty (30) days after Judge Arleo gives final approval of the Settlement, unless an appeal is filed, in which case
it may be longer.
These benefits are also subject to limitations, which are discussed in the answer to Question 6.

If you have any questions on how to complete the Claim Form or what information is needed, you can call the following
toll-free number: 1-877-832-4402.
9. What if my claim is denied?

There is a process in the Settlement Agreement to resolve disagreements between you and Defendants over your claim.
During this process, the court-appointed lawyers listed in the answer Question 15 below will represent you in any dispute
regarding relief under the terms of the Settlement, and the dispute will be handled in accordance with the procedures set
forth in the Settlement Agreement. You may have the right to appeal any denied claim to a Special Master. If you have
questions regarding this process, visit www.BangClassSettlement.com to see a copy of the Settlement Agreement, or contact
Class Counsel below.
10. When will I get the Settlement benefits?

1) If you have submitted a claim, your Claim Form will be processed and payments will be issued on a continuing,
rolling basis after the Effective Date.
Please be patient, and feel free to check the website or call the toll-free phone number listed above for current status.

2) If your vehicle hasn’t yet received the N63 Customer Care Package, you can contact your BMW Center to have it
performed at any time.

3) After the Effective Date, you can schedule an appointment with your BMW Center for Oil-Consumption Testing
and, if required, engine replacement.
4) The free Future Oil Services (described in Answer 6.B.ii, above) and New Vehicle Discount vouchers (described in
Answer 6.C., above) included with this Notice will be valid after the Effective Date.
11. Can I exclude myself from this Settlement?

Yes. If you want to keep the right to sue or if you are already suing Defendants in another action over the legal issues in this
case, then you must take steps to opt out of this Settlement. This is called asking to be excluded from – sometimes called
“opting out” of – the Settlement.
12. If I exclude myself, can I get anything from this Settlement?

No. If you ask to be excluded, you cannot object to the Settlement and you will not receive any of the benefits of the
Settlement, other than the N63 Customer Care Package described in Answer 6.B.i., above. But you may sue, continue to
sue, or be part of a different lawsuit against Defendants in the future, including for claims that this Settlement resolves. You
will not be bound by anything that happens in this lawsuit.
13. If I don’t exclude myself, can I sue later?

No. Unless you exclude yourself, you give up the right to sue Defendants for the claims that this Settlement resolves.
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
-7-

14. How do I exclude myself from the Settlement?

To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from Bang v.
BMW of North America, LLC, Case No. 2:15-cv-06945-MCA-SCM. Be sure to include: (1) your full name and current
address; (2) the model-year and VIN of your Class Vehicle(s) and the date(s) of purchase/lease; (3) specifically and clearly
state your desire to be excluded from the Settlement and from the Settlement Class; and (4) your signature. You cannot
ask to be excluded over the phone or via the internet. You must mail your request to be excluded, postmarked no later than
August 23, 2018, to the Settlement Administrator at the address below:
Bang Settlement Administrator - 6013
PO Box 44
Minneapolis, MN 55440-0044

Failure to comply with any of these requirements for excluding yourself may result in you being bound by this Settlement.
15. Do I have a lawyer in the case?

The Plaintiffs and you have been represented by a number of lawyers and several law firms that have prosecuted this case
together. Judge Arleo has appointed the following lawyers to represent you and other Class Members as “Class Counsel”:
Matthew D. Schelkopf
Joseph G. Sauder
Joseph B. Kenney
McCune Wright Arevalo, LLP
555 Lancaster Avenue
Berwyn, Pennsylvania 19312
Telephone: (610) 200-0581
Facsimile: (610) 421-1326
[email protected]
[email protected]
[email protected]

David C. Wright
Richard D. McCune
McCune Wright Arevalo, LLP
3281 East Guasti Road, Suite 100
Ontario, California 91761
Telephone: (909) 557-1250
Facsimile: (909) 557-1275
[email protected]
[email protected]

Eric D. Barton
Sarah Ruane
Melody Dickson
Wagstaff & Cartmell LLP
4740 Grand Avenue, Suite 300
Kansas City, Missouri 64112
Telephone: (816) 701-1100
[email protected]
[email protected]

You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in
Court for you at your own expense.
16. How will the lawyers be paid?

As part of the resolution of the Action, Class Counsel and Defendants have agreed that Class Counsel may apply for an
award of attorneys’ fees, costs, and expenses not to exceed $3,022,000.00, as well as service awards to the eight Plaintiffs in
the amount of $3,500.00 ($28,000.00 in total). Defendants have agreed not to oppose this request. The Parties have also
agreed that Class Counsel will not seek payment of any amount in excess of $3,022,000.00 for attorneys’ fees, costs, and
expenses as well as service awards to the eight Plaintiffs in the amount of $3,500.00 ($28,000.00 in total) if awarded by Judge
Arleo. The Class Counsel fees and expenses, as well as the service awards to the class representatives, will be paid separate
and apart from any relief provided to the Class and will not reduce the value of the benefits distributed to Class Members.
Defendants will also separately pay the costs to administer the Settlement. Judge Arleo will determine the amount of
attorneys’ fees, costs, and expenses and service awards after evaluating Plaintiffs’ submission.

QUESTIONS? CALL TOLL-FREE 1-877-832-4402 OR VISIT www.BangClassSettlement.com
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-8-

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

You can object to the Settlement if you don’t like some part of it. You can give reasons why you think Judge Arleo should
not approve it. To object, send a letter saying that you object to the Settlement in Bang v. BMW of North America, LLC, Case
No. 2:15-cv-06945-MCA-SCM. You must include: (1) your full name, current address, current telephone number, and the
name of your lawyer and your lawyer’s address if you are represented by a lawyer other than Class Counsel; (2) the model
year and VIN of your Class Vehicle(s) and the date(s) of purchase or lease; (3) the reasons why you object and the factual and
legal reasons for your objection (including all relevant documents that pertain to your objection); (4) copies of relevant repair
history or other proof that the objector has owned or leased the Class Vehicle (i.e., a true copy of a vehicle title, registration,
or license receipt); (5) a statement that you have reviewed the Settlement Class definition and understand that you are a
Settlement Class Member, and you have not opted out of the Settlement Class; (6) a detailed list of any other objections
to any class action settlements you submitted to any court, whether state, federal, or otherwise, in the United States in the
previous five (5) years; (7) a Notice of Intention to Appear at the Final Approval Hearing if you intend to appear in person
at the hearing; and (8) your signature. The objection must be mailed to the Court, the Settlement Administrator, Class
Counsel, and Defendants’ Counsel at the below addresses. The mailed copies must be postmarked on or before August
23, 2018:
COURT

SETTLEMENT
ADMINISTRATOR
CLASS COUNSEL

DEFENDANTS’ COUNSEL

Clerk of Court
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 01702
Bang Settlement Administrator
PO Box 44
Minneapolis, MN 55440-0044
Matthew D. Schelkopf
Eric D. Barton
Joseph G. Sauder
Melody Dickson
Joseph B. Kenney
Wagstaff & Cartmell LLP
McCune Wright Arevalo, LLP
4740 Grand Avenue, Suite 300
555 Lancaster Avenue
Kansas City, MO 64112
Berwyn, Pennsylvania 19312
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
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-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

11

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

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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

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