Question 17, below.

GO TO A HEARING

Ask to speak in court to the judge about
the Settlement.

The Final Approval Hearing is
currently scheduled for January
10, 2022. See Question 19, below.

DO NOTHING

Give up some of the benefits you may be See Question 22, below.
entitled to under the Settlement and your
right to be part of any other lawsuit against
the Defendant about the legal claims
released by the Settlement.

You may bring your Class Vehicle
to a BMW Center and/or utilize the
new vehicle discount voucher after
the Settlement is approved. See
Question 6, below.

•

These rights and options -- and the deadlines to exercise them -- are explained in this notice.

•

The Court in charge of this case still must decide whether to approve the Settlement before any benefits can be
distributed. Please be patient and check the settlement website for updates.

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WHAT THIS NOTICE CONTAINS
BASIC INFORMATION .......................................................................................PAGE 3
1.
2.
3.
4.

Why have I received this notice?
What is the lawsuit about?
Why is this a class action?
Why is there a Settlement?

WHO IS IN THE SETTLEMENT .......................................................................PAGE 3
5.

How do I know if I am part of the Settlement? What vehicles
are included in the Settlement?

THE BENEFITS: WHAT YOU GET ...................................................................PAGE 4
6.
7.

What are the benefits of the Settlement?
What am I giving up in exchange for the Settlement benefits?

HOW TO GET BENEFITS ................................................................................. PAGE 7
8.
9.
10.

How do I get the benefits of the Settlement?
What if my claim is denied?
When will I get the benefits?

EXCLUDING YOURSELF FROM THE SETTLEMENT ...............................PAGE 8
11.
12.
13.
14.

Can I exclude myself from this Settlement?
If I exclude myself, can I get anything from this Settlement?
If I don’t exclude myself, can I sue later?
How do I exclude myself from the Settlement?

THE LAWYERS REPRESENTING YOU .........................................................PAGE 8
15.
16.

Do I have a lawyer in the case?
How will the lawyers be paid?

OBJECTING TO THE SETTLEMENT ............................................................PAGE 9
17.
18.

How do I tell the Court if I don’t like the Settlement?
What’s the difference between objecting and excluding?

THE COURT’S FINAL APPROVAL HEARING .............................................PAGE 9
19.
20.
21.

When and where will the Court decide whether to approve the Settlement?
Do I need to go to the hearing?
May I speak at the hearing?

WHAT IF I DO NOTHING? ................................................................................PAGE 10
22.

What happens if I do nothing?

GETTING MORE INFORMATION ..................................................................PAGE 10
23.

Are there more details about the Settlement?

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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 2013 through 2019 BMW 5 Series, 6 Series, 7 Series, X5
or X6 vehicles that contains the N63TU1 engine purchased or leased in the United States or Puerto Rico.
Magistrate Judge Edward S. Kiel of the United States District Court for the District of New Jersey is overseeing this classaction lawsuit, known as Isley, et al. v. BMW of North America, LLC, Civil Action No. 2:19-cv-12680 (the “Action”). Thomas
Isley, Jeffery Quinn, Vipul Khanna, Walington Urena, Daniel Gulick, Michael Henchy Jr., Angela Bovenzi, Jonathan
Yehuda, and Paul Hoffner, the people who sued, are called the “Plaintiffs,” and the company that was sued, BMW of North
America, LLC (“BMW NA”), is called the “Defendant.”
2.

What is the lawsuit about?

This lawsuit involves model-year 2013 through 2019 BMW 5 Series, 6 Series, 7 Series, X5 or X6 vehicles that contain the
N63TU1 engine 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. BMW NA, which distributes and warrants BMW vehicles in the U.S.,
denies these allegations and stands behind and supports its 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 Defendant from liability for the claims that were raised or could have been
raised in the Action involving the Class Vehicles’ alleged engine oil consumption issues. The Settlement does not mean
that the Defendant broke any laws, or otherwise did anything wrong, because Judge Kiel 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 2013 through 2019 BMW 5 Series, 6 Series, 7 Series,
X5 or X6 vehicles that contain the N63TU1 engine purchased or leased in the United States or Puerto Rico, which include
the following vehicles:

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Model Description

Model Years

650i/xi (TU1)
650i/xi Convertible (TU1)
650i/xi Coupe (TU1)
750i/xi (TU1)
750Li/LXi (TU1)
550i/xi (TU1)
550i/xi GT (TU1)
X5 (TU1)
X6 (TU1)

2013 - 2019
2013 - 2018
2013 - 2017
2013 - 2015
2013 - 2015
2013 - 2017
2014 - 2016
2014 - 2018
2015 - 2019

*Model Years are not fully indicative of actual Class Vehicles, which will depend on production ranges.

Please note that not all vehicles in the model years identified above contained the N63TU1 engine at issue in the Action.
You have received this notice because BMW NA’s records indicate that you have or had a BMW vehicle with an N63TU1
engine. If you’re not sure whether you are included in the Settlement Class, you may call (toll-free) 1-888-208-0032 with
questions.
6.

What are the benefits of the Settlement?

If Judge Kiel 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 excess engine oil consumption subject
to the provision of the required proofs to support each claim.
i.
Reimbursement for Past Oil Changes
Class Members are eligible to receive reimbursement for the cost (not to exceed $95 each) of up to 4 past Oil Changes on
a Class Vehicle if:
a.
The amounts were actually paid by the Class Member at the time of Oil Change as evidenced by
a repair invoice; and
b.
The Oil Change occurred prior to 10 years/120,000 miles from the Class Vehicle’s in-service date;
and
c.
The Oil Change took place less than 12 months after a previous Oil Change as evidenced by the
repair invoice of the prior Oil Change and the invoice for the Oil Change for which reimbursement
is sought.
ii.
Reimbursement for Past Oil Purchases for up to 9 Quarts of Engine Oil Purchased Between Oil Changes
Class Members are eligible to receive reimbursement of the cost (up to $10 per quart) of up to nine (9) quarts of engine oil
that the Class Member purchased between oil changes 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 Past Oil-Consumption Testing and Subsequent Repairs
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consumption test and subsequent repairs of a Class Vehicle if:
a.

Your Class Vehicle failed an oil-consumption test at a BMW Center as evidenced by a repair order
or service invoice that identifies a Settlement Class Vehicle and VIN;

b.

The repair order or service invoice demonstrates that the Settlement Class Member paid
for the amount(s) sought for reimbursement; and

c.

The mileage of the Settlement Class Vehicle at the time of the oil-consumption test
failure.

iv.
Reimbursement for Past Replacement of an Engine
Class Members are eligible to receive reimbursement for one (1) replacement engine related to Excess Oil
Consumption subject to the customer contribution schedule below if:
a.

You have a legible repair order or invoice from an authorized BMW Center that identifies
Your Class Vehicle and VIN, the date of replacement, the part number(s) used, and the
cost of the replacement, with parts and labor separated;

b.

The mileage of the Class Vehicle at the time of engine replacement and that it had fewer
than 10 years and 120,000 miles at the time of engine replacement;

c.

The Class Vehicle failed at least one Oil-Consumption Test at a BMW Center;

d.

The BMW Center confirmed the Excess Oil Consumption caused the failure and the
engine was replaced after the last failed oil-consumption test; and

e.

You have proof of payment, in the form of a canceled check, credit-card receipt, creditcard statement, or receipt demonstrating that the Settlement Class Member paid for the
amount(s) sought for reimbursement.
Odometer Mileage at time of failed Oil
Consumption Test resulting in engine replacement
Below
50,001
60,001
70,001
80,001
90,001
100,001
105,001
110,001
115,001
120,001

50,000
60,000
70,000
80,000
90,000
100,000
105,000
110,000
115,000
120,000
Above
*

*

Customer Contribution
(parts & labor)
0%
5%
15%
27%
42%
55%
65%
70%
75%
85%
100%

*

Limitations: Defendant does 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.
B.
Service Campaign
If you currently own or lease a Class Vehicle, you may be eligible for relief going forward (after the Effective Date).
i.

For each future oil change (pursuant to the CBS) of a Class Vehicle at a BMW Center up to 10 years or
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120,000 miles from the in-service date (whichever comes first) but in no event less than one (1) year from
the Effective Date, Settlement Class Members will receive two (2) free quarts of oil to top-off their Class
Vehicles between required engine oil services (pursuant to the CBS).
ii.

Settlement Class Members may receive up to three (3) free engine oil consumption tests for their Class
Vehicles up to10 years or 120,000 miles from the in-service date (whichever comes first) but in no event
less than one (1) year from the Effective Date of the settlement.
a.

After one failed Oil Consumption Test of a Class Vehicle, and confirmation by an authorized BMW
Center that the Class Vehicle has an oil consumption issue, BMW NA will, at its discretion, either
authorize the BMW Center to make one engine repair attempt or offer customer an engine
replacement per paragraph (c) below.

b.

If after the BMW NA approved engine repair, the Class Vehicle returns and fails a second OilConsumption Test, the Settlement Class Member’s Class Vehicle is entitled to an engine
replacement per the provisions and exclusions below.

c.

Engine Replacement due to Excess Oil Consumption Contribution Schedule:
i. No Settlement Class Member contribution applies if the Class Vehicle engine is still covered
under either the New Vehicle Limited Warranty term or the BMW Certified Pre-Owned
warranty term.
ii. If there is no applicable warranty coverage the Settlement Class Member shall contribute to
the total replacement cost, including parts and labor, in accordance with the schedule below:
Odometer Mileage at time of failed Oil Consumption
Test resulting in engine replacement

Customer Contribution
(parts & labor)

Below

50,000

0%

50,001
60,001
70,001
80,001
90,001
100,001
105,001
110,001
115,001
120,001

60,000
70,000
80,000
90,000
100,000
105,000
110,000
115,000
120,000
Above

5%
15%
27%
42%
55%
65%
70%
75%
85%
100%

iii. Replacement N63TU1 engine will have improved components compared to engines
produced before May 2017.
iv. Subject to the mileage limitations above for all eligible Class Members, engine replacement
contribution will only be made until the later of 10 years from the Class Vehicle’s in-service
date or 1 year from the Effective Date.
v. In the event a Class Member’s engine fails or otherwise needs replacing unrelated to Excess
Oil Consumption the schedule above shall not apply and the Class Member will not be entitled
to any contribution from BMW.
C.

New Vehicle Credit Voucher

Each Settlement Class Member may file a claim to receive one credit voucher towards either one future
purchase/lease credit for (a) $1,500 for BMW 6 Series, 7 Series, X5, X6, X7; or (b) $1,000 for all other BMW models. The
voucher will be transferable to immediate family members (children, parents and siblings) or other members of the Class
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Member’s household provided proof is provided that the Class member and person to whom the voucher is being
transferred reside in the same house. The voucher will not be valid retroactively, will be valid for 1 year from the Effective
Date and may be combined with other applicable and then available and qualifying BMW purchase/lease incentives.
Notwithstanding the foregoing, Class Member(s) cannot combine and use multiple credit vouchers made available as part
of this Settlement in one lease or purchase transaction.
*

*

*

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 (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, insurer or any person or entity associated with
Defendant, 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 Defendant 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 in the Class Vehicles. The Settlement Agreement is available at
www.IsleySettlement.com. The Settlement Agreement describes the released claims with specific descriptions, in
necessarily accurate legal terminology, so read it carefully. Judge Kiel 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.
8.

How do I get the benefits of the Settlement?

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 Kiel 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.IsleySettlement.com. The current
deadline for submitting Claim Forms is February 9, 2022.
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: 1-888-2080032.
9.
What if my claim is denied?
There is a process in the Settlement Agreement to resolve disagreements between you and Defendant 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.IsleySettlement.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,
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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) After the Effective Date, you can schedule an appointment with your BMW Center for Oil-Consumption Testing
and, if required, engine replacement.
3) All other benefits discussed above 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 Defendant 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. But you may sue, continue to sue, or be part of a different lawsuit against Defendant 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 Defendant for the claims that this Settlement resolves.
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 Isley v.