TAKATA Class Action Settlement - Customer Support Program: Front Driver's Side Airbag Modules (SI B01 16 18)

Class Action Settlement and Effective Date

BMW NA entered into a nationwide settlement, as described below and in the attachments, for this matter. BMW NA received Preliminary Approval from the Court on June 9, 2017.

The Court granted Final Approval to this settlement on July 30, 2018 (the Effective Date)  .

Customer Support Program Benefits

As of the Effective Date, BMW NA shall provide Class Members a Customer Support Program for their vehicles for repairs (parts and labor, including diagnosis) which are needed to correct defects, if any, in materials or workmanship of the:

1. Original driver's side Takata PSAN airbag inflator(s); or
2. Replacement driver's side airbag inflator(s) installed pursuant to the Takata Airbag Recall.

This benefit will be automatically transferred to subsequent owners and will remain with the recalled Subject Vehicle regardless of ownership, subject to the limitations below.

Customer Support Program Timeline and Duration

1. Eligible Subject Vehicles having non-desiccated inflator Takata driver's side airbag modules  that:
   • Had been  recalled; and the
   • Recall Remedy (repair) WAS completed on or before June 9, 2017  ;

   Then, the customer support program will last for ten (10) years or (120 months) as measured from the date the Recall Remedy was performed on the Subject Vehicle, subject to a:

   1. Maximum limit of 150,000 miles measured from the date the Subject Vehicle was originally (first) sold or leased; but 
   2. Not less than 75,000 miles from the date the Recall Remedy was performed on the Subject Vehicle (Mileage when Recall Remedy was performed plus 75,000 miles);

      However, each eligible Subject Vehicle will receive: 

   3. No less than two (2) years of customer support (without mileage limit) from June 9, 2017 (covered repair/claim date up to and including June 8, 2019). 

   Whichever one of the above is later. 

2. Eligible Subject Vehicles having non-desiccated inflator Takata driver's side airbag modules  that:
   • Had been  recalled; or
   • Will be  recalled; and the
   • Recall Remedy (repair) WAS NOT completed on or before June 9, 2017  ;

   Then, the customer support program with last for ten (10) years (120 months) measured from the date Subject Vehicle was originally (first) sold or leased; or if the Recall Remedy is performed on the Subject Vehicle, on the date Recall Remedy was performed, subject to a:

   1. Maximum limit of 150,000 miles measured from the date the Subject Vehicle was originally (first) sold or leased; but 
   2. Not less than 75,000 miles from the date the Recall Remedy was performed on the Subject Vehicle (Mileage when Recall Remedy was performed plus 75,000 miles);

      However, each eligible Subject Vehicle will receive: 

   3. No less than two (2) years of customer support (without mileage limit) from June 9, 2017 (covered repair/claim date) or from the date (the Recall Remedy was performed on the Subject Vehicle; 

   Whichever one of the above is later. 

   For Takata front passenger's side airbag, please refer to SI B01 17 18  .

Vehicles with Open Takata Airbag Recall Campaign(s)

Always verify that the vehicle does not still require a Takata Airbag Recall Campaign repair to be completed. The VIN will show an "Open" campaign when checked either in AIR, the "Service Menu" of DCSnet (Dealer Communication System) or with the Key Reader. Following are the current Takata Recalls:

If the recall is open, always perform the recall repair as outlined and submit for the Takata Airbag Recall Remedy first! 

Performing Customer Support Program-Related Repairs

An illuminated airbag malfunction light and/or display message can be caused by one or more system/component-related malfunctions or issues (i.e. control unit, wiring harness, sensors, etc.).

When a vehicle arrives at your workshop with an illuminated airbag warning light and/or display message:

• Perform the corresponding diagnostic procedures to identify the cause(s);
• If there are airbag faults related to the front driver's side airbag module and its replacement will correct the issue; when eligible
• The front driver's side airbag module repair will be covered as outlined in this bulletin.

During repair order write up, please advised the customer that other "customer-pay work" may be needed to address the issue with the airbag system. It is important to obtain their approval to proceed with performing these other repairs since they would be done at their expense.

Should the customer decline these other repairs, please note it on the repair order accordingly.

The following vehicle and repair-related items are not eligible under this Customer Support Program: 

1. Class Vehicles where the VIN has been altered or cannot be read
2. Class Vehicles where the true mileage cannot be determined (TMU)
3. Class Vehicles that have been declared a total loss or sold for salvage purposes
4. Class Vehicles airbag module replacements to address cosmetic or trim-related issues
5. Class Vehicles airbag module replacements as the result of damage or deployment due to improper repair
6. Class Vehicles airbag module replacements due to accident-related deployments
7. Class Vehicles airbag module replacements that are consequential to another component/system issue

Non-Qualifying Repairs

Non-US specification vehicles, ineligible vehicles, eligible vehicles operated and repaired outside the United States and Puerto Rico and/or the diagnosis and repair of other unrelated issues are not covered under the terms of this limited warranty extension.

Qualifying Repairs - Claim Submission

Claim this work with the defect code and labor operations provided below.

E39, E46 and E53

Work time labor operation code 32 34 000 requires an individual punch time and an explanation on the repair order and in the claim comments section.

Or:

All other Ex and Fx Series Vehicles

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.

Refer to KSD2/AIR for the corresponding flat rate unit (FRU) allowances.

Work time labor operation codes 61 00 006 and 34 34 000 are not considered a Main labor operations; however, they do require an individual punch times and an explanations on the repair order and in the claim comments.

Overlapping Labor Procedure

If other repair work results in overlapping labor, you can replace the flat rate labor operation's stated KSD2/AIR "FRU allowance" with a:

• "Reduced FRU value" to eliminate the overlapping labor.

For help in identifying the overlapping labor, refer to the AIR FRU Plausibility Check (Overlapping Labor Tool) which is located in the AIR Client.

Eligible other repair work that will be claimed under a different defect code will require separate punch times.

Please identify and itemize those flat rate labor operations with "reduced FRU values" on the repair order and in the claim comment section.

Previous Customer-pay Repairs

Prior to the Final Settlement, Class Members could have filed a reimbursement request claim with the Claims Administrator, as outlined in the website below, for the expenses related to a performing qualifying previous customer-pay repair of their "Class Vehicle."

The completed reimbursement request form had to be postmarked or submitted online to the Claims Administrator no later than June 19, 2017. 

For additional information about the settlement reimbursements, please direct customers to the following settlement website: www.autoairbagsettlement.com  ; BMW's Customer Relations and Services via email at Customerrelations@bmwusa.com  or via telephone at 1-800-831-1117.

Please ensure the customer has their 17-character Vehicle Identification Number (VIN) available so it can be included all communications.