Mercedes-Benz class action over fuel leak to proceed

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Update: 

• Mercedes-Benz must face class action claims that its 2015-2019 C-Class vehicles suffer from a manufacturing defect that causes raw fuel to leak within the engine compartment, endangering drivers, a Georgia federal judge ruled.
• On Nov. 1, U.S. District Judge William M. Ray II issued an order denying Mercedes-Benz’ motion to dismiss the class action lawsuit, which drivers refiled after mediation failed.
• The automaker argued that the drivers’ claims should be dismissed because it extended the warranty program for the 2015 to 2019 Mercedes W205 vehicles and C300 models. 
• But Judge Ray said the drivers do not simply seek reimbursement for the repairs but also damages to reflect the diminished value of the vehicles.

Mercedes-Benz C-Class class action lawsuit overview: 

• Who: Consumers in a class action lawsuit alleging Mercedes-Benz C-Class vehicles come with a defective fuel hose prone to leaks were ordered to mediation by a federal judge. 
• Why: The judge found that the automaker had taken some steps to rectify the alleged problems, but acknowledged that mediation may not be successful.  
• Where: The class action lawsuit is pending in Georgia federal court

(Aug. 27, 2022)

Consumers who say that 2015-2019 Mercedes-Benz C-Class vehicles, including its popular C300 models, suffer from a manufacturing defect that causes raw fuel to leak within the engine compartment, endangering drivers, are heading to mediation under a new ruling by a federal judge in the class action lawsuit. 

U.S. District Judge William M. Ray II issued a six-month stay on the Mercedes-Benz C-Class class action lawsuit. Judge Ray encouraged the plaintiffs and the automaker to try to work out the allegations in mediation, pointing out that Mercedes-Benz extended warranty coverage to the leaky fuel pump defect alleged in the lawsuit. 

Mercedes-Benz C-Class class action lawsuit

Lead plaintiffs Nicholas Rosen, Tamer Nassar, and Reginald St. Jean claimed in a class action lawsuit filed in February that Mercedes-Benz is aware of the defect and intentionally conceals it from consumers. 

Rosen, Nassar, and St. Jean want to represent a Nationwide Class of current or former owners of 2015-2019 Mercedes-Benz C-Class vehicles. 

The Mercedes-Benz vehicles’ propensity to leak fuel can lead to dangerous situations including the inhalation of fumes, vehicle stalling, and vehicle fire, according to the class action lawsuit. Plaintiffs claim Mercedes-Benz is “unable or unwilling” to repair the C-Class vehicles, often telling consumers the repair of fuel system components is not covered under warranty. 

This refusal includes towards drivers who have new vehicle warranties and certified pre-owned warranties, which cover 48 months or 50,000 miles and 60 months with unlimited mileage from the in-service date, respectively, say plaintiffs.

“Mercedes-Benz has done nothing to address or correct the Fuel Leak Defect when it manifests in the Class Vehicles,” states the class action lawsuit. “Instead, Mercedes-Benz has denied their requests to provide a repair under warranty and instead forced Class members to pay out of pocket.” 

Plaintiffs claim they and Class Members would not have chosen to purchase the vehicles or paid substantially less for them if they had known about the defect.

Rosen, Nassar, and St. Jean allege Mercedes-Benz violated California’s Consumer Legal Remedies Act, the California Business & Professions Code § 17200, the Connecticut Unfair Trade Practices Act, the New Jersey Consumer Fraud Act, the Georgia Fair Business Practices Act, and the Georgia Uniform Deceptive Trade Practices Act. 

The plaintiffs are seeking actual, general, special, incidental, statutory, punitive, and consequential damages for themselves and Class Members. 

Although the automaker received a temporary reprieve in this case, Mercedes-Benz was part of a nationwide recall this month involving multiple car manufacturers  after it found some vehicles had problems with their child restraint systems. 

Do you own a Mercedes-Benz C-Class vehicle that is suffering from a fuel leak? Let us know in the comments! 

The plaintiffs are represented by E. Adam Webb, Matthew C. Klase, and G. Franklin Lemond, Jr. of Webb, Klase & Lemond, LLC, and Matthew D. Schelkopf, Joseph B. Kenney, and Lori G. Kier of Sauder Schelkopf.

The Mercedes-Benz C-Class Class Action Lawsuit is Rosen et al v. Mercedes-Benz USA, L.L.C. et al, Case No. 1:21-cv-00787-WMR, in the U.S. District Court for the Northern District of Georgia Atlanta Division. 

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