A settlement agreement has been reached that will resolve three Mercedes class action lawsuits alleging the heating, venting, and air conditioning system in 2.5 million vehicles is prone to smelling moldy.
A number of Mercedes owners lodged class action lawsuits against Mercedes-Benz USA and Daimler AG over claims that when faced with complaints over mold smells in the cars, the luxury car maker refused to cover repairs under their warranty.
Daimler attempted to escape the Mercedes HVAC defect class action lawsuit, but a federal judge ruled that the parent company must face the claims early in 2019.
While the car makers refuse to admit any wrongdoing, the Mercedes HVAC class action settlement will cover a nationwide Class of current and former owners and lessees of certain models.
The Mercedes models included in the settlement are Mercedes-Benz 2008-19 C-Class, 2010-15 GLK-Class, 2012-17 CLS-Class, 2010-19 E-Class, 2015-19 GLA-Class, 2013-16 GL-Class, 2016-19 GLE-Class, 2017-19 GLS-Class, 2012-15 M-Class, and 2016-19 GLC-Class.
Under the terms of the settlement, Class Members can receive payment for past and future repairs. Payments are based on a sliding scale. Future payments will cover repairs for up to 125,000 miles or 10 years.
Specifically, Class Members will receive 100 percent if the repair occurs during the Warranty Coverage Period, or the earlier of four years of the in-service date or 50,000 miles; 70 percent, if the repair occurs from the end of the Warranty Coverage Period to the earlier of eight years from the in-service date or 100,000 miles; and 50 percent, if the repair occurs between the previous period and 10 years from the in-service date or 125,000 miles.
For past repairs, the Mercedes HVAC defect class action settlement states, “There is no limit to the number of claims or amount of total money that Mercedes will pay to reimbursed qualified past repairs. However, the reimbursable repair cost of a single repair done by an Independent Service Provider (as opposed to an Authorized Service Provider) shall not exceed $300 and, the total reimbursement for Independent repairs shall not exceed $900 per Vehicle.”
Class Members will be able to submit claims by mail or online and supporting documentation will be required.
“Class Members can receive Qualified Future Repairs by bringing their Vehicle to an Authorized Service Center, which will determine eligibility and perform the repairs,” states the settlement agreement. “Dispute resolution is available for Class Members who dispute their reimbursements or believe they are wrongfully denied coverage.”
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Plaintiffs’ attorneys are Ketan A. Patel of Corpus Law Patel LLC and Jonathan D. Selbin, Annika K. Martin and Sean A. Petterson of Lieff Cabraser Heimann & Bernstein LLP.
The Mercedes HVAC Defect Class Action Lawsuits are Sunil Amin and Trushar Patel v. Mercedes-Benz USA LLC and Daimler AG, Case No. 1:17-cv-01701, in the U.S. District Court for the Northern District of Georgia; Manan Bhatt, et al. v. Mercedes-Benz USA LLC, Case No. 2:16-cv-03171, in the U.S. District Court for the Central District of California; and Nicholas Biase, et al. v. Mercedes-Benz USA, Case No. 2:18-cv-17128, in the U.S. District Court for the District of New Jersey.
UPDATE: January 2020, the Mercedes HVAC class action settlement website is live. Click here for more information.
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