A New Jersey driver filed proposed class action suits against BMW and Porsche over the automakers’ alleged failure to disclose that the internet-enabled Porsche Connect and Connected Drive/BMW Assist features in certain vehicles would be inoperable after 3G service was phased out this year.
The 28-page suit filed in U.S. District Court for the District of New Jersey against Porsche says the automaker’s representations about the Porsche Connect feature in 2014-2019 vehicle models were false and misleading given the company failed to disclose until 2022 that the cars telematics had been built and installed with 3G-only capabilities, notes ClassAction.org. That means they wouldn’t work as 4G and 5G wireless networks were phased in. Porsche has stated publicly that “some vehicles” may be eligible for a “technology upgrade” but has offered little details on the timing, nature or cost of any such upgrades, according to the court document.
Similarly, the complaint against BMW claims the automaker did not disclose until April 2021 that the Connected Drive/BMW Assist telematics found in vehicles dating back to the 2013 model year had been built and installed to work only with the now-sunsetting 3G network and “could not be transitioned over to any more advanced technology.”
Each complaint cites a January 2022 Consumer Reports article that stresses the shutdown of 3G networks meant millions of cars with driver assist features could lose their ability to automatically contact first responders after a crash. Although some vehicles’ hardware or software could be updated, millions more could lose their connections permanently, Consumer Reports stated.
Consumer Reports highlighted that even though automakers knew 3G networks would shut down permanently between February and July of this year, many still relied on 3G as recently as their 2021 model year vehicles for cost savings.
By contrast, General Motors, whose 2015 and later models of Chevrolet, Buick, GMC and Cadillac all had the proprietary “OnStar” hardware which was also affected adversely by the 3G sunsetting, announced to its customers that in 2021, “OnStar began working with AT&T on network updates and started executing over-the-air software updates to ensure members were not impacted by the network transition.” GM committed to automatically send over-the-air software updates for free to address the 3G phase-out, according to Consumer Reports, notes the court documents.
According to the cases, the plaintiff, Peter Grayson, owns a 2014 BMW xDrive Coupe and 2018 Porsche Panamera 4S. The man alleges he and similar BMW and Porsche drivers paid for cars under the mistaken belief that their driver-assist systems would work for the life of the vehicle. He seeks the suit to be certified as a class action, a jury trial, damages for himself and members of the class, plus attorneys’ fees and expenses.
The BMW case (2:22-cv-06103) looks to cover U.S. drivers who bought or leased a 2013-present BMW vehicle with a Connected Drive/BMW Assist with 3G-only limitations. The Porsche suit (2:22-cv-06105) looks to represent U.S. drivers who bought or leased, a 2017-2019 911, 2015-2019 Cayenne, 2017-2018 Macan, 2017-2021 718, 2014-2018 Panamera, or 2014 918 Spyder with Porsche Connect with 3G-only limitations, according to ClassAction.org.
By Leslie Stimson, Inside Towers Washington Bureau Chief
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