[scottwww]

I have a manual transmission, so I have no worries about this issue. But I would be VERY reluctant to sign any such an agreement if I found a problem with my car that BMW should fix.

I was once involved in an FLSA case where the lawyers were setup to win regardless of the outcome for everybody else. I wouldn't jump on board with anything like that again. The settlement was laughable ($400 for me after the lawyer 5 years before said it was worth $50,000). But it made a lot of money for the lawyers ($800,000).

In order for those who were party to the suit to not have to pay out of pocket to dismiss the whole thing, all who participated without such liability to pay the lawyer fees (most of us were on a contingency only) had to sign an agreement to not pursue it any further and to not tell the story in anything but general terms (without disclosing company names, etc.). Apparently the case was not good enough to go to trial, but the defendant company agreed to settle out of court.

I would like to have retained my right to speak out against the lawyers who had misled us. I would like to have retained my right to speak about, "Don't do this. It will get you blacklisted!"

But I did sign 2nd to last because I didn't want the two people who started the whole thing to have to pay out of pocket to get their lawyers off their backs who would demand payment since the contingency didn't pan out.

If I hadn't signed, the defendant company would have paid nothing, but we could still pursue the case individually (if we wanted to).

Don't involve a lawyer if there is any other way. And don't sign an agreement to be silent! It would not likely go your way.

If BMW has any intention of fixing this problem, they can do it in the public eye. No confidentiality agreements. No waiving rights of warranty. No hassles. They can keep their reputation by deserving a good reputation, not by pushing their weight around.