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UPDATE 2: On Dec. 26, 2020, Top Class Actions viewers started receiving settlement checks from the Mercedes HVAC class action settlement worth as much as $300. Congratulations to everyone who filed a claim and got PAID!
UPDATE: January 2020, the Mercedes HVAC class action settlement website is live. Click here for more information.
A class action lawsuit claims that the HVAC systems in many Mercedes-Benz vehicles are moldy and emit “foul” smells.
Plaintiffs Rosa Grue of New York, Nicholas Baise of New Jersey, John Dudasik of Illinois, Gail Mahoney of Florida, and Todd Basler of Missouri have launched a class action lawsuit against Mercedes-Benz LLC and its parent company Daimler AG.
The five plaintiffs all drive Mercedes-Benz vehicles and claim that their vehicles’ heating, ventilation, and air condition (HVAC) systems possess a defect that caused them to grow mold and emit a strongly foul smell. The drivers say that the air emitted from the HVAC system is “highly unpleasant and can cause respiratory problems and aggravate allergies.”
Allegedly, the mildew smell gets worse after rain, and the smell permeates the whole vehicle when the air is turned on.
According to the class action lawsuit, the mold problem affects many Mercedes-Benz vehicles made between 2001 and 2018 because most of the company’s vehicles are equipped with the same HVAC system.
The customers claim that when they complained of the mildew smell to Mercedes-Benz, they were advised to fix the vehicle’s air filter or “flush” the HVAC system. However, the customers argue that these solutions were temporary and did not prevent the odor from returning.
The class action lawsuit alleges that Mercedes knew or should have known about the mildew problem but failed to reimburse customers for the costs of replacing the filter or flushing the system, and did not provide customers with an in-warranty fix that would correct the problem permanently.
The Mercedes-Benz class action lawsuit says that luxury car maker knew of the problem as early as 2008 because that year, customers launched an arbitration proceeding over the same issue. The complaint notes that Mercedes-Benz lost this arbitration proceeding.
Additionally, the class action lawsuit says that Mercedes-Benz has received numerous consumer complaints submitted directly to Mercedes and posted in online forums about the HVAC mold smell. To further support their claim that the company knew or should have known that the HVAC systems were defective, the customers note that the National Highway Transportation’s Office of Defect Investigation collected data related to the complaints made by drivers.
According to the class action lawsuit, “despite this knowledge, Mercedes failed to disclose and actively concealed the HVAC system defect from class members and the public, and continued to market and advertise the class vehicles as ‘sophisticated,’ ‘comfortable,’ and ‘state-of-the-art’ vehicles.”
The drivers’ lawyers went on to say in an email to Law360 that, in stark contrast to the vehicles’ adverting, the mold defect and Mercedes-Benz’s response to it is a “staggering betrayal of its so-called ‘luxury brand.’”
The drivers say that they were financially injured by Mercedes-Benz because had they known the vehicles were defective, they would not have purchased the vehicles or would not have paid as much for them as they did. They seek damages on behalf of themselves and all other similarly affected consumers.”
The drivers are represented by Jonathan D. Selbin, Annika K. Martin, Jason L. Lichtman and John T. Spragens of Lieff Cabraser Heimann & Bernstein LLP, Ketan A. Patel of Corpus Law Patel LLC, and Brandon J. Hill of Wenzel Fenton Cabassa PA.
The Mercedes-Benz Moldy HVAC Class Action Lawsuit is 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.
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336 thoughts onMercedes-Benz Class Action Lawsuit Says HVAC Systems Emit Mold Smell
I have a 2015 E400 coupe and I too am experiencing a foul odor from the ventilation system. I’ve been experiencing a continuous “cold” from when I bough the vehicle in 2018, and couldn’t figure out why since I never had allergies and saw an allergist to confirm same and rarely got colds. So why am I sneezing and coughing with headaches every two weeks? I drive the car everyday and that seems to be the pattern.
There’s a website where you can fill out a Claim Form to be a part of the Class Action suit against MB and to get reimbursed for repairs. The website is “www.mercedeshvacsettlement.com”
Wow! I am so relieved to find out that it wasn’t just my car. I got my car roughly 2 years ago and the smell has been awful and embarrassing. I have to ask, what are the health issues associated with this. Shortly since I got the car, I have had respiratory issues (constant drainage, coughing up phlegm every morning, and other issues) and have a newly diagnosed severe peanut allergy and I have eaten nuts my whole life. I don’t know if this car has anything to do with it but the timeline certainly fits. Has anyone else had anything like that happen to them?
I have a 2016 C-300. I have taken my car for repairs 3 times changing filters for the AWFUL musty smell and nothing has changed. I was actually told not to bring it back anymore!! I’ve noticed my nose feels runny all the time.. please how can I be a part of this lawsuit. I feel I will need the money for onset of medical issues and money spent on car..
I have a 2016 C-300. I have taken my car for repairs 3 times changing filters for the AWFUL musty smell and nothing has changed. I was actually told not to bring it back anymore!! I’ve noticed my nose feels runny all the time.. please how can I be a part of this lawsuit. I feel I will need the money for onset of medical issues and money spent on car..
I have a 2010 Mercedes-Benz 300 C. I have changed all the filters and it has a disgusting odor of mold with a touch of onion. I’m sure is not healthy to breathe in mold and mildew
If someone knows where I can file a lawsuit or if a class action has already been filed please feel free to direct me in the right direction because I’m not finding it online.
It definitely takes away from the so-called exquisite experience of driving a Mercedes-Benz
My GLA250 mold smell is making me sick and I can’t seem to get anyone to fix my car. I can’t afford to fix it myself. I serviced in the military for over 8 years and lived to tell the story however my car has sent me to Outpatient Services for two cortisone shots last year after I brought it in June 2019 and I went to an Allergist on 2/21/20 who just informed me that I have a new mold allergy added to my list of allergies this year and he wanted to know have I came in to contact with any mold and I said no because I didn’t know until now that my car has a mold issue. I waited a long time to be able to get a Mercedes-Benz and now I can’t afford to keep it because it is making me sick.
I have a 2018 GLC 250 Coupe here in Australia and have the same problem. Musty, moldy smell. I brought my car in to the dealer this morning and the serviceman just rang to say ‘he can’t fault’ the air con. You pay $100k for a ‘luxury’ car and this is what you get.
I have a 2013 glk350 and also have the bad odor from the vents. It’s a terrible smell and changing the filters do not help.
I also own E350/2008 currently 96000 miles and had mouldy,musty burning like odour from AC and heat for past 3 years or so, and spent about 3000 american dollars at MB dealer in the area w/o result.
We have the same issue in Australia and this is their reply
We advise that MB Australia is not a defendant or otherwise involved in these lawsuits. However, MB Australia understands that the defendants – Daimler AG and Mercedes-Benz USA, LLC– deny that the vehicles are in any way defective and deny that they are in any way liable to the plaintiffs.
In alignment with this, MB Australia maintains that the vehicle odour you allege may be due to a wide range of potential causes, including improper maintenance (e.g., cabin filters not changed at recommended service intervals), foreign matter in the vehicle cabin (e.g., spilled liquids, old food, dirty clothing, and/or other contamination), and/or unpleasant odours entering from outside the vehicle. On this basis, MB Australia’s position is that the alleged odour is not the result of a defect nor that the proposed replacement filters fall under warranty.
We recommend that you continue to liaise with your retailer regarding their recommendation to change the filters of your vehicle at cost.