Mercedes-Benz Mars red paint defect class action settlement

Updates:

• An appeal to the settlement was filed Dec. 29, 2021.
• Payments will not be issued until the appeal is resolved.

• The Court granted this settlement final approval Nov. 30, 2021.

Individuals who purchased or leased certain Mercedes-Benz vehicles painted with Mars Red paint may be eligible to claim reimbursement for past or future repairs thanks to a class action settlement with the automaker.

The Class consists of any current or former owner or lessee of any of the following Mercedes-Benz vehicles originally painted with 590 Mars Red paint and purchased or leased in the United States:

• C-Class (model years 2004-2015)
• GLK-Class (model years 2010-2015)
• CLS-Class (model years 2006-2007, 2009, 2014)
• CLK-Class (model years 2004-2009)
• S-Class (model years, 2008, 2015, 2017)
• SL-Class (model years 2004-2009, 2011-2017)
• CL-Class (model years 2005-2006, 2013-2014)
• SLS-Class (model years 2014-2015)
• E-Class (model years 2005-2006, 2010-2017)
• G-Class (model years 2005, 2011-2017)
• GT-Class (model years 2016-2018)
• SLC-Class (model year 2017)
• SLK-Class (model years 2005-2016)
• Maybach 57 (model year 2008)

A class action lawsuit had claimed the Mercedes’ Mars Red paint bubbled, blistered, and peeled while the vehicles were only a few years old, some still within warranty.

Under the terms of the settlement, Class Members are entitled to two benefits: reimbursement for certain qualified past repairs and coverage for qualified future repairs related to the Mars Red paint or clear coat peeling, flaking, or bubbling.

The cost for repairs to be reimbursed or covered will be determined by the following time and mileage periods:

• Period One: The time period during which the vehicle has or had fewer than seven years (84 months) or 105,000 miles from its original in-service date, whichever occurred first. Qualifying past repairs occurring in Period One will be reimbursed at 100 percent of the out-of-pocket cost paid subject to certain limitations in the settlement agreement; the cost of qualifying future repairs during Period One will be covered for 100 percent of the cost of the repair defined in the agreement.
• Period Two: The time from the end of Period One until the vehicle has or had fewer than 10 years (120 months) or 150,000 miles from its original in-service date, whichever occurred first. Qualifying past repairs and future repairs that occurred during Period Two will be reimbursed at 50 percent of the out-of-pocket cost paid subject to certain limitations in the agreement.
• Period Three: The period from the end of Period Two until the vehicle has or had fewer than 15 years (180 months) or 150,000 miles from its original in-service date, whichever occurred first. Qualifying past and future repairs occurring during Period Three will be reimbursed at 25 percent of the out-of-pocket cost paid subject to certain limitations in the settlement agreement.

If an independent service provider performed a qualified past repair, the reasonable repair cost shall not exceed 10 percent of what the same repair would have cost had the repair been done at authorized service center.

Repairs occurring after the end of Period Three will not be reimbursed.

The cost for future repairs that occur after Period Three ends will not be covered unless the Class Member presented the vehicle to an authorized Mercedes-Benz dealer or body repair facility or provided notice to the defendants and were denied warranty or goodwill coverage for a qualifying repair when the vehicle had both fewer than 15 years and fewer than 150,000 miles, whichever occurred first.

More information on qualified repairs is available on the settlement website.

Class Members seeking reimbursement for qualified past repairs must submit a reimbursement claim form, while those seeking reimbursement for a future repair must file a qualified future repair claim form.

Class Members who do nothing will not be entitled to receive a payment for reimbursement of qualified past repairs, but may qualify for coverage of qualified future repairs.

A hearing in the Mercedes Mars Red paint settlement is scheduled for Aug. 30, 2021.

The deadline to opt out of or object to the settlement is July 27, 2021.

The deadline to file a claim is also July 27, 2021.

Who’s Eligible

Any current or former owner or lessee of any of the following Mercedes-Benz vehicles originally painted with 590 Mars Red paint and purchased or leased in the United States:

• C-Class (model years 2004-2015)
• GLK-Class (model years 2010-2015)
• CLS-Class (model years 2006-2007, 2009, 2014)
• CLK-Class (model years 2004-2009)
• S-Class (model years, 2008, 2015, 2017)
• SL-Class (model years 2004-2009, 2011-2017)
• CL-Class (model years 2005-2006, 2013-2014)
• SLS-Class (model years 2014-2015)
• E-Class (model years 2005-2006, 2010-2017)
• G-Class (model years 2005, 2011-2017)
• GT-Class (model years 2016-2018)
• SLC-Class (model year 2017)
• SLK-Class (model years 2005-2016)
• Maybach 57 (model year 2008)

Potential Award

Varies.

The cost for repairs to be reimbursed or covered will be determined by the vehicle’s time and mileage at the time of the repair.

Proof of Purchase

For qualified past repairs: itemized repair order or invoice or other documentation showing the vehicle received a qualified repair and the cost of the qualified repair; proof of the Class Member’s payment for the repair, such as a credit card statement, an invoice showing a zero balance, a receipt, or similar documentation; proof of the Class Member’s ownership or leasing of the vehicle at the time of the repair.

For qualified future repairs: documentation showing the Class Member presented the vehicle to an authorized Mercedes-Benz dealer or repair facility for a qualifying repair or provided notice to the defendants at a time when the vehicle had fewer than 15 years (180 months) and 150,000 or fewer miles, and that the Class Member was denied warranty or goodwill coverage for such a repair.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

07/27/2021

Case Name

Pinon, et al. v. Mercedes-Benz USA LLC, et al., Case No. 18-CV-03984-MHC in the U.S. District Court for the Northern District of Georgia

Final Hearing

08/30/2021

Settlement Website

MarsRedPaintSettlement.com

Claims Administrator

Mercedes Mars Red Settlement
c/o JND Legal Administration
P.O. Box 91223
Seattle, WA 98111
833-961-3967
[email protected]

Class Counsel

W. Lewis Garrison Jr.
Taylor C. Bartlett
James F. McDonough III
K. Steven Jackson
HENINGER GARRISON DAVIS LLC

Defense Counsel

Troy M.Yoshino
Eric J. Knapp
Dara D. Mann
Scott J. Carr
SQUIRE PATTON BOGGS (US) LLP

Stephen B. Devereaux
Madison H. Kitchens
KING & SPALDING LLP