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On Wednesday, Mercedes-Benz USA LLC and Daimler AG were hit with a class action lawsuit alleging vehicles with Mars Red paint have a defect that causes the paint to bubble, peel and flake off, leading to rusting and corrosion.
Ten plaintiffs filed the Mercedes-Benz class action lawsuit in New Jersey federal court on behalf of themselves and a proposed Class of owners and lessees with Mercedes-Benz automobiles with Mars Red paint sold in the United States.
The court documents indicate that Mars Red is an automotive paint color made by PPG Industries Inc. It is also commonly known as Fire Opal and was used by Mercedes between 2004 and 2017. Mercedes identifies the color by paint code 590 and PPG identifies the color by paint code 905264.
According to the Mercedes-Benz class action lawsuit, the Mars Red paint defect manifests over time and causes the exterior clearcoat to bubble, peel and flake off, leading to rusting and corrosion which decreases the vehicles’ value.
The plaintiffs note that the Class Vehicles include a variety of models and model years of Mercedes-Benz automobiles, but they say the paint used and the process used to apply the paint was identical for all of the Class Vehicles.
They allege that degradation of the coatings, either due to the defective nature of the materials or the improper manner in which they were applied during the painting process, causes a loss of adhesion that manifests as peeling.
The Mercedes-Benz class action lawsuit states that the Mercedes defendants have been aware of the paint defect but concealed it from consumers while continuing to market its vehicles as “state-of-the-art,” “fine craftsmanship,” “luxury,” “enduring quality,” and “the most advanced vehicles on the road.”
The plaintiffs assert that Mercedes had a duty to disclose the paint defect at the time of sale, including the risk of rusting and corrosion and associated loss of value that could occur upon manifestation of the paint defect.
“Further, Defendants have refused, and continued to refuse, to provide a meaningful remedy to those who have suffered economic harm as a result of the Paint Defect,” the Mercedes class action lawsuit says.
Mercedes either provided the affected car owners and lessees with inadequate repairs or forced them to pay out of pocket for inadequate repairs, even when the vehicles were still under warranty, the Mercedes paint defect class action lawsuit alleges.
The plaintiffs claim that, as a result of the Mercedes defendants’ failure to disclose the paint defect, they overpaid for their vehicle because the paint defect significantly diminishes the value of the vehicles, they must suffer from premature rusting and corrosion or they must pay a significant sum of money to have the vehicle repainted inadequately and any corrosion or rust damage repaired.
The Mercedes class action lawsuit asserts claims for fraudulent concealment, unjust enrichment, violation of the Magnuson-Moss Warranty Act, breach of the implied warranty of merchantability, breach of express warranty, and violations of various state consumer protection and warranty laws. The plaintiffs are seeking damages, injunctive relief, equitable relief and declaratory relief.
The plaintiffs are represented by James E. Cecchi and Caroline F. Bartlett of Carella Byrne Cecchi Olstein Brody & Agnello PC; Mark J. Dearman, Stuart A. Davidson, Jason H. Alperstein and Eric Dwoskin of Robbins Geller Rudman & Dowd LLP; and by Steven G. Calamusa, Robert E. Gordon and Daniel G. Williams of Gordon & Doner PA.
The Mercedes-Benz Paint Defect Class Action Lawsuit is Robert Ponzio, et al. v. Mercedes-Benz USA LLC, et al., Case No. 1:18-cv-12544-JHR-JS, in the U.S. District Court for the District of New Jersey.
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58 thoughts onMercedes-Benz Class Action Alleges Paint Defect Leads to Corrosion
Please add me to the class action suit. I have a 2013 GLK350 with 17K miles and my red paint is beginning to show white crystalline looking structures under the clear coat and and small surface bubbles.
Please add me to the law suit, I had mine evaluated at the dealership locally and they would not fix mine and they even said mine was the worst they have seen yet. 2012 Mercedes GLK mars red. Love my car this is the 3rd Mercedes SUV I have had but so very disappointed in this paint and the way it looks.
Please add me to the law suit. I have a 2014 red Mercedes GlK. It’s peeling and flaking. I would’ve never expected this from a luxury vehicle. Could someone please point me in the right direction to receive help with this matter. Thank you kindly.
Contact Mercedes of america directly…you have to handle this all yourself as the dealership won’t get involved…they repainted my 2014 C300 at a cost of 10K…was a bit of a hassle but actually not too bad…well worth the effort as the car now looks great…mine was covered in white spots like frost or snow under the clear…
Wow..my daughter just went to get in her car and her 2014 C300 4matic is covered in frosty looking spots in various places all over the car. She’s only had the car for 5 months. Glad that I google this issue. We will be reaching out to Mercedes ASAP.
David, did they repaint the plastic panels also? Just bought a 2015 SLK250 Mars red with 16K miles and noticed the blistering on several panels the next morning. They have already sold my trade in and have stated they will work to have MB pay for a full car metal panel repaint. Any other thoughts on the process? Thanks,
Is anyone aware if the Federal suit became certified? My conversations with the NJ law firm in October indicated that they were to present the preliminaries to get the case certified. If rejected, the case would go no further. I bought my 2015 SLK in May, 2017 about four months prior to the end of the warranty. I was unaware until December when fading in the paint or clearcoat took place and then the bubbling began also. I spoke with MB USA who rejected my appeal for assistance in the $7000 re-painting on the grounds that I was outside the warranty when I made the request. I told them there was no way to know about the problem until it revealed itself. They still rejected the argument. They did offer me $1000 if I had it repainted at the MB Body shop, because I am a “good customer” I also own a 2016 MB C class (not red). the NJ firm indicated if certified, it would probably be two years or so before a settlement. MB does not publicly recognize any responsibility for the “590” paint issue. They conveniently stopped using that paint colors in 2018.
Please add me. Have bubble on trunk lid.
My 2014 c250 red paint is not bubbling and during the winter my paint would fade to white spotting under the Clear coat. I am having white small spot bubble then eventually crack. I called Mercedes-Benz dealer and my car was at 50,533 miles just a little over the 50,000 miles warranty and they were going to pay half of $7500 repaint the car which was $3250. So unfair to all the people who is going through this situation. Add me please and thank you
I also have a 2014 C250 Coupe and I have significant bubbling under the clear coat. It started slow, but within a few months my car looked like it was broke out in hives. I called AAA insurance to file a claim, as I figured it must’ve happened from the chemicals at a local car wash. The claims rep told me that I was one of many that have tried to file an insurance claim due to the same issue. She mentioned a standing class action lawsuit and recommended that I contact Mercedes directly to report it. I would like to be added to this class action!
I have a 2014 C250 add me
Inhave the. same problem, clear coat peeling and paint. bubbles on my 2008 CLK 350 Cabreiolet.
It has been progressing for a few years. and is unsitely now.
I jusbt became. aware of this action. Please response with information on how i can be included in this suite
I have the same issue with my C250. The dealer tried to tell me the bubbles are caused by bird poop! I asked about the bulletins that the dealers received noting issues with this paint and no response.
Have you had any success in going the law suit, and how do I join
I have the same problem on my 2013. C250. Can I be added