10/30/23, 2:03 PM

01 13 23_CLASS ACTION SETTLEMENT: F95 F96 G05 G06 G07 FRONT CENTER CONSOLE CUPHOLDER

SIB 01 13 23
2023-10-30
CLASS ACTION SETTLEMENT: F95 F96 G05 G06 G07 FRONT CENTER
CONSOLE CUPHOLDER
This Service Information bulletin (Revision 01) supersedes SI B01 13 23 dated May 2023
What’s New:
This Class Action Settlement was finalized by the court on September 22, 2023
The Subject, Situation, Cause, Procedure, and Claim Information sections have been updated

MODEL
E-Series
F95
F96
G05
G05
G05
G05
G05
G06
G06
G06
G07
G07
G07
G07

Model Year
2020 to 2022
2020 to 2022
2020 to 2022
2019 to 2022
2019 to 2020
2020 to 2022
2021 to 2022
2020 to 2021
2020 to 2022
2020 to 2022
2019 to 2022
2019 to 2020
2020 to 2022
2021 to 2022

Model Description
X5 M
X6 M
X5 sDrive40i
X5 xDrive40i
X5 xDrive50i
X5 M50i
X5 xDrive45e
X6 sDrive40i
X6 xDrive40i
X6 M50i
X7 xDrive40i
X7 xDrive50i
X7 M50i
X7 ALPINA XB7

Production Dates
July 23, 2019 to July 27, 2022
June 18, 2019 to July 27, 2022
July 07, 2019 to July 25, 2022
July 11, 2018 to July 27, 2022
July 12, 2018 to July 26, 2020
July 14, 2019 to July 27, 2022
June 04, 2020 to July 27, 2022
July 16, 2019 to July 27, 2021
July 15, 2019 to July 27, 2022
July 17, 2019 to July 27, 2022
October 30, 2018 to June 28, 2022
November 01, 2018 to July 26, 2020
July 16, 2019 to June 27, 2022
July 13, 2020 to June 28, 2022

SITUATION
Please see attached pdf bulletin.

Supporting Materials
picture_as_pdf B011323 Class Action Notice_Cupholder (v5).pdf
picture_as_pdf B011323.pdf

Copyright ©2023 BMW of North America, Inc.
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10/30/23, 2:03 PM

01 13 23_CLASS ACTION SETTLEMENT: F95 F96 G05 G06 G07 FRONT CENTER CONSOLE CUPHOLDER

Copyright ©2023 BMW of North America, Inc.
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Service Information Bulletin

October 27, 2023

Warranties

B01 13 23

CLASS ACTION SETTLEMENT: F95 F96 G05 G06 G07 FRONT
CENTER CONSOLE CUPHOLDER
This Service Information bulletin (Revision 01) supersedes SI B01 13 23 dated May 2023
What’s New:
•
•

This Class Action Settlement was finalized by the court on September 22, 2023
The Subject, Situation, Cause, Procedure, and Claim Information sections have been
updated

MODEL
E-Series
F95
F96
G05
G05
G05
G05
G05
G06
G06
G06
G07
G07
G07
G07

Model Year
2020 to 2022
2020 to 2022
2020 to 2022
2019 to 2022
2019 to 2020
2020 to 2022
2021 to 2022
2020 to 2021
2020 to 2022
2020 to 2022
2019 to 2022
2019 to 2020
2020 to 2022
2021 to 2022

Model Description
X5 M
X6 M
X5 sDrive40i
X5 xDrive40i
X5 xDrive50i
X5 M50i
X5 xDrive45e
X6 sDrive40i
X6 xDrive40i
X6 M50i
X7 xDrive40i
X7 xDrive50i
X7 M50i
X7 ALPINA XB7

Production Dates
July 23, 2019 to July 27, 2022
June 18, 2019 to July 27, 2022
July 07, 2019 to July 25, 2022
July 11, 2018 to July 27, 2022
July 12, 2018 to July 26, 2020
July 14, 2019 to July 27, 2022
June 04, 2020 to July 27, 2022
July 16, 2019 to July 27, 2021
July 15, 2019 to July 27, 2022
July 17, 2019 to July 27, 2022
October 30, 2018 to June 28, 2022
November 01, 2018 to July 26, 2020
July 16, 2019 to June 27, 2022
July 13, 2020 to June 28, 2022

SITUATION
BMW of North America, LLC (BMW NA) has a nationwide settlement with the plaintiffs in the following
class action: Brightk Consulting, Inc. v. BMW of North America, LLC. The Court has granted final
approval of the settlement.
Note: This updated bulletin (10/2023) is a notice that the Class Action Settlement was finalized
on September 22, 2023. This is NOT a notice of a Recall or Service Action.
Class Allegations
The plaintiff in the lawsuit alleges that the front cupholders in certain model year 2019 through 2022
BMW X5, X5 M, X6, X6 M, or X7 vehicles are permeable to spilled liquids that may seep through the
cupholders onto components, which in turn, may result in the illumination of the Supplemental
Restraint System (“SRS”) warning light along with displaying a corresponding Check Control Message
(CCM).
BMW NA expressly denies any wrongdoing alleged in the complaint and does not admit or concede
any actual or potential fault, wrongdoing, or liability.

Nevertheless, the parties concluded that a settlement was desirable to avoid the time, expense, and
inherent uncertainties of protracted litigation and to resolve, finally, and completely, all pending and
potential claims related to this matter.
Class Vehicles
The US-specification model year 2019 to 2022 BMW vehicles listed above that were purchased, or
leased, registered, and operated, in the United States, including the District of Columbia (DC) and
Puerto Rico are included.
Settlement Class Members (Who did not opt-out)
All qualifying current and former owners and lessees of a Class Vehicle purchased in the United
States and Puerto Rico.
Eligible Class Vehicles that Qualify: They fulfill the applicable State’s requirements, have a
valid vehicle registration in addition to meeting the criteria that is described in the
corresponding Important Note below.
This bulletin applies to Class Members who are current owners/lessees of Class Vehicles that have
not opted out of this Settlement, therefore accepting the corresponding Class Member benefits,
terms, and conditions.
Eligible Class Vehicles will have the following VIN-specific Vehicle Comment in the DCSnet
Warranty Vehicle Inquiry.
SI B01 13 23 (DC 65 77 90 07 00): THE CLASS MEMBER OWNER OR LESSEE, AS DEFINED IN
THE SERVICE INFORMATION BULLETIN, AND THEIR CLASS VEHICLE THAT QUALIFIES ARE
ELIGIBLE FOR THE CLASS ACTION SETTLEMENTS ISSUE-SPECIFIC REPAIR REMEDY WHEN
IT IS DETERMINED THAT AN SRS WARNING LIGHT ILLUMINATION IS CAUSED BY LIQUID
INGRESS FROM A SPILL THROUGH THE FRONT CENTER CONSOLE CUPHOLDER. THE
COVERAGE PERIOD FOR THIS ISSUE-SPECIFIC REPAIR IS 7 YEARS/75,000-MILES AS
DETERMINED FROM THE ORIGINAL IN-SERVICE DATE. WHEN REQUIRED, THIS ISSUE
SPECIFIC REPAIR IS SUBJECT TO CERTAIN LIMITATIONS AND EXCLUSIONS WHICH ARE
OUTLINED IN THE SETTLEMENT AND THE SERVICE INFORMATION BULLETIN.
Note: Before performing a repair and submitting a claim, first confirm that the Class member’s Class
Vehicle has the above Notice of Eligibility in the Warranty Inquiry’s Vehicle Comments section.
Important Note:
The repair benefit that is provided by the settlement (Attachment Item 5, page 3 and 4) is subject to
the corresponding vehicle eligibility requirements, limitations, and exclusion criteria that apply to all
repairs that will result with a claim submission to BMW.
Specifically, the coverage shall be null and void because the:
•

Vehicle has been declared a total loss or sold for salvage purposes, the true mileage cannot be
determined, the Vehicle Identification Number (VIN) has been altered and cannot be determined,
and/or the

•

Applicable covered vehicle components were previously replaced with used or salvaged
automobile parts.

The BMW Warranty Vehicle Inquiry (WVI) may not contain a corresponding Vehicle Comment that
identifies that one or more of the above non-eligible vehicle situations apply. In these cases, please

use any other resources that are available at your center to confirm the vehicle’s eligibility (for
example, CARFAX®).
Non-Eligible Class Member’s and Class Vehicles (Superseding WVI Vehicle Comment Below)
Certain Class Members have opted out of this settlement. Those Class Members are excluded and
not eligible for any of the corresponding Class repair/benefits.
The non-eligible Class Vehicles have been updated with the following VIN-specific Vehicle Comment
in the DCSnet Warranty Vehicle Inquiry.
SI B01 13 23 (DC 65 77 90 07 00): THIS VIN-SPECIFIC VEHICLE COMMENT SUPERSEDES
THE PRIOR ONE THAT WAS PREVIOUSLY POSTED. THIS VEHICLE’S CLASS MEMBER
OWNER OR LESSEE, AS DEFINED IN THE SERVICE INFORMATION BULLETIN, UPON
RECEIVING THEIR CLASS ACTION NOTICE RESPONDED BY OPTING OUT. THIS VEHICLE
THEN DOES NOT QUALIFY FOR THE CORRESPONDING ISSUE-SPECIFIC REPAIR REMEDY
(SRS WARNING LIGHT ILLUMINATION DUE TO LIQUID INGRESS FROM A SPILL THROUGH
THE FRONT CENTER CONSOLE CUPHOLDER) AND/OR THE REIMBURSEMENT OF A PRIOR
CUSTOMER PAY REPAIR THAT IS DESCRIBED IN THE PRIOR VEHICLE COMMENT.
If you have vehicle repair eligibility, coverage and/or claim submission questions, please contact the
Warranty department through IDS by selecting Coverage, Policy, Coding Questions and Mileage
Corrections prior to performing any repair.

CAUSE
Eligible Repair for an Eligible Class Members’ Class Vehicles (Active and Available)
When it is determined that a liquid has spilled, or otherwise seeped through the vehicle’s front center
console cupholder and is the cause for the SRS warning light’s illumination/Check Control Message,
the corresponding Settlement repair to address or remedy this specific issue is covered under the
“Extended Warranty Period.”
Settlement’s Extended Warranty Period
The “Extended Warranty Period” for a covered settlement repair is:
•

7 years or 75,000-miles, whichever occurs first,

As determined from the Class Vehicle’s in-service date.
Other SRS/Airbag-Related Faults and Repairs (Beyond the Scope of Class Action Settlement)
An illuminated SRS warning light (Airbag) on the vehicle along with any corresponding Check Control
Messages (CCM) can be caused by various system/component-related faults (i.e., airbag modules,
wiring harness, sensors, etc.).
The reason for the SRS warning light may not necessarily be related to the issue being addressed by
this Class Action Settlement and the corresponding Extended Warranty period.
Depending on the status of the vehicle’s standard 4 year/50,000-mile limited warranty for defects in
materials and workmanship, and whether the repair qualifies, if an SRS warning light is due to some
other cause that may result in an Out-of-Pocket Cost to the customer, the BMW authorized center will
review with customer what other work is needed and obtain customer’s prior approval to proceed with
the repair.

CORRECTION
Please follow the instructions in the PROCEDURE section.

PROCEDURE
When an eligible Class Member’s Class Vehicle that qualifies arrives at your center with an illuminated
SRS warning light and has related Check Control Messages displayed, visually inspect the front
center console cupholder for liquid spillage residue and carrying out a vehicle test.
Liquid intrusion into the airbag control unit will cause numerous ACSM and BDC-related (“930###”)
faults, like the following, but not limited to:
•
•
•
•
•

Short circuit to minus and/or ground (GND)
Internal error
Time out
Communication error
Missing LIN bus

If it is determined that enough liquid spillage has occurred in the front center cupholder area, and
consequently, this has affected the airbag control unit and its wiring (airbag control unit related
ACSM/BDC faults codes are stored), continue your diagnosis. If the issue and cause described above
is confirmed, replace the airbag control unit per the repair instructions.
Note: Labor operation code 65 77 518 includes labor 51 16 165/665 for “Completely removing and
installing center console” provides further access to visually inspect the airbag control unit and its
wiring.

PARTS INFORMATION
To determine the part number that applies to the specific vehicle being repaired, enter the VIN/chassis
number into either ETK or AIR, this will consider the specific equipment and/or options that are fitted
to the vehicle.
Part Number
Refer to ETK/AIR
Only in conjunction with:
65 77 5 A5A 9F7

Description
Control unit airbag
Cover cap

Quantity
1
1

Dependent on the “Cover cap” Part Number Availability, Alternate Solution
Part Number
65 77 4 A24 8B8

Description
Adhesive tape ACSM

Quantity
1

CLAIM INFORMATION
For eligible Class Members’ US-specification BMW Class Vehicles that are registered and operated in
the United States (including Puerto Rico), this “issue-specific repair” (cupholder/airbag control unit) is
covered for the first 7 years/75,000 miles, whichever occurs first as described in the Service
Information Bulletin. This coverage applies to qualifying repairs performed by authorized BMW
centers.
The applicable existing limited warranty coverage for the whole vehicle, the airbag control unit for
other issues, and for the other vehicle components has not changed.
Repair Code:

6577900700

G05 G06 G07 F95 F96 US Airbag control unit

Obtain the flat rate unit (FRU) allowances for the following that applies.

Labor Operation
00 00 006**
Or:
00 00 556**
And:
61 21 528**

Description
Carrying out vehicle test (Main work)

Labor Allowance
As applicable

Carrying out vehicle test (Plus work)

As applicable

Supporting voltage of the vehicle electrical system /
recharging vehicle battery

As applicable

Visually inspecting the front center console cupholder
for evidence of significant liquid spillage residue (Work
time)

2 FRU

Carrying out vehicle diagnosis, ABL (Work time)

WT

Diagnosis Worktime Flat Rate

2 FRU

Replace airbag control unit (After vehicle diagnosis)
(without programming/coding) (Includes (51 16 665 for
completely removing and installing center console)

As applicable

Additional work with cup holder, rear (G07 only)

As applicable

And:
51 00 001
And, as needed:
61 00 006*
Or:
00 58 500*
And:
65 77 518
And, when applicable:
51 16 998

If you are using a Main labor code for another repair, use the Plus code labor operation 00 00 556
instead of 00 00 006, or exclude (including 61 21 528) when the Vehicle Test is included in another
repair.
Vehicle Programming and Encoding when Applicable
During this workshop visit, the affected vehicle may also show one or more programming and
encoding Technical Campaign repairs open, the programming and encoding procedure may only be