BMW Presses Again to Compel 3G Telematics Suit to Arbitration

There’s “no dispute” that plaintiff Peter Grayson “entered into a valid arbitration agreement” with BMW North America when he bought his 2014 BMW 428i xDrive Coupe in May 2014, said BMW’s reply Monday (docket 2:22-cv-06103) in U.S. District Court for New Jersey in Newark in further support of its motion to compel Grayson’s case to arbitration (see 2301310001). The only dispute before the court is whether Grayson’s claims “fall within the scope” of the arbitration agreement he signed, it said: “They do.” Grayson’s claims all stem from his inability to access BMW roadside services and other telematics features due to the wireless carriers’ phaseout of 3G services, said BMW. The plaintiff urges the court to deny BMW’s motion to compel, arguing his lawsuit concerns the operability of a piece of hardware, the telematics control unit, that's a physical part of BMW cars, the carmaker said. But Grayson’s argument is “flawed” and contrary to the allegations in his complaint, it said.