New York, NY: A settlement in a privacy violation class action against automaker BMW has been reached. The lawsuit alleged that BMW recorded BMW Assist calls without first disclosing that a call may be monitored or recorded.
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.
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. The settlement could affect anyone who connected to the BMW Assist program during the class period, including entitlement to benefits, including up to $50 cash.
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 lawsuit settlement can choose to receive one of the following two benefits:
1. Service Benefit. "ervice 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.
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.
More information about the settlement, a Subscription Agreement Addendum and claims forms can be found at the Settlement Administrator' website: www.BMWAssistSettlement.com.
