BMW Assist Class Action Settlement

BMW has reached a class action lawsuit settlement over allegations it recorded BMW Assist calls without first disclosing that a call may be monitored or recorded. If you connected to the BMW Assist program between 2009 and 2011, you may be entitled to benefits, including up to $50 cash, from the class action settlement.

The BMW Assist settlement will resolve a class action lawsuit, entitled Skuro v. BMW of North America, LLC, that alleges BMW and its telematics services provider, Agero Connected Services, Inc. (formerly known as ATX Group, Inc.) violated several consumer privacy laws by allegedly recording BMW Assist calls.

BMW and ATX deny any wrongdoing, but have agreed to a class action lawsuit settlement to avoid the expense of ongoing litigation.

Class Members of the BMW Assist class action settlement include all individuals who connected to the BMW Assist program between October 13, 2009 and February 1, 2011 and the BMW vehicle owner was receiving benefits in the BMW Assist program with a California billing address.

Class Members of the BMW Assist class action lawsuit settlement can choose to receive one of the following two benefits:

1. Service Benefit. “Service Benefit” means either a 6-month upgrade to the BMW Assist “convenience plan” (for Class Members who currently have an active basic safety plan on their BMW vehicle), or a 6-month extension to the BMW Assist basic safety plan (for Class Members who currently have an active basic safety plan on their BMW vehicle, or Class Members who have no BMW Assist Service on their Class Vehicle). To receive the Service Benefit, Class Members must enter into a Subscription Agreement Addendum no later than July 10, 2012. The Service Benefit will be activated after the Effective Date of the class action settlement. A Subscription Agreement Addendum may be obtained from www.BMWAssistSettlement.com.

2. Non-Reversionary Fund. Class Members who decline or who do not have the option for the Service Benefit can file a claim for a cash payment from the Non-Revisionary Fund, which will be paid on a pro rata basis, up to $50, to Class Members who file a valid claim postmarked no later than July 10, 2012. Claim forms can be obtained online at www.BMWAssistSettlement.com.

More information on your rights in the BMW Assist Class Action Lawsuit Settlement can be found at the Settlement Administrator’s website: www.BMWAssistSettlement.com.