Mercedes Class Action Lawsuit Says Emissions Warranty Should Cover Repairs

A class action has been filed against Mercedes Benz USA by vehicle owners who claim the company does not identify all vehicle parts that should be properly classified as “high-cost emissions warranty parts” as per California’s emission control system warranty requirements.

Cory Hazdovac says he purchased a used 2015 Mercedes C300 in October 2018 from an Acura dealership in Bakersfield, Calif.

He claims his vehicle had the remainder of the factory warranty, the remainder of the federal emissions warranty and the remainder of the California Emissions Warranty.

In June 2019, when his car had reached 58,502 miles, the plaintiff took the vehicle to an MBUSA authorized dealership for repairs pursuant to the warranty. The plaintiff says his vehicle became very hot and almost overheated.

After running a short test on the car, the dealership found that the coolant temperature was too high by seeing a fault code that was stored in the vehicle’s diagnostic system. The dealership diagnosed the vehicle as having a faulty coolant thermostat and said the plaintiff would have to pay out-of-pocket for the repair as this was not covered under the warranty, according to the Mercedes class action lawsuit.

A few weeks later, the plaintiff claims he brought his car in for a repair and the dealership found the boost pressure for the turbocharger too low. Again, he claims he was told that these repairs were outside the warranty.

Another trip to the dealership found there was a fault in the cooling pump and Hazdovac was reportedly told that the warranty would not cover these repairs either.

“The cost associated with the diagnosis and repairs relating to all three repairs should have been covered and paid for by MBUSA under the 7-years or 70,000-mile California Emissions Warranty,” claims the plaintiff.

Hazdovac states the parts should have been covered by the California Code of Regulations section 2037(c), where the vacuum pump, coolant pump and coolant thermostat are supposed to be identified as high-priced emissions warranted parts.

In addition, the plaintiff asserts that the warranty booklet related to the Model Year 2015 Mercedes C300 should have labeled these parts as being high-priced emission parts.

Hazdovac says MBUSA’S failure to include the vacuum pump, coolant pump and coolant thermostat as high-priced parts are MBUSA’s “scheme to fail to properly and comprehensively identify all of the parts that should be identified as high-priced warranted parts and covered for 7-years or 70,000 miles under the California Emissions Warranty.”

The plaintiff states that MBUSA’s actions violate California’s unfair business practices statute under California Business and Professions Code section 17200 as well as the Consumers Legal Remedies Act, Civil Code section 1750.

In addition, the plaintiff is seeking injunctive relief which would compel the defendant to identify those parts that should be covered under the California Emissions Warranty as well as identifying the proper warranty periods for these parts.

In related legal news, allegations against Mercedes in the U.K. over the reported emissions scandal have been reinforced by a £1.6 billion Mercedes settlement in the United States.

Do you own a Mercedes and had to pay for parts that should have been covered by the warranty? Leave a message in the comments section below.

The plaintiff is represented by Jordan L. Lurie and Ari Y. Basser of Pomerantz LLP and Robert L. Starr of The Law Office of Robert L. Starr.

The Mercedes Warranty Class Action Lawsuit is Hazdovac v. Mercedes Benz USA LLC, Case No. 3:20-cv-00377, in the U.S. District Court for the Northern District of California.

Read More Lawsuit & Settlement News:

How Do I File an Appeal for Unum Disability?

Are 3M Dust Masks to Blame for the Rise in Black Lung Cases?

Electrolux Hot Microwave Handles Class Action Trimmed

Canned Tuna MDL Wins Class Cert. in Fed. Court