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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 2013 gl450 and c 300. Both vehicles has an rotten egg smells when the ac is turned on. It gives you an headache. My gl450 has only 34,000 miles and it’s in excellent condition. I take very good care of this car and takes it to the dealership for any issue. In 2017 I took it in for the same moldy smelling odor. They changed cabin filters and after a few months, the smell returned until today and they can’t figure out what’s the issue with the car….
Now that we all have purchased these luxury cars and Mercedes Benz/Daimler Ag is not standing behind their luxury items, the settlement to repair HVAC and reimburse for expenses does nothing
to compensate for years of allegories, headaches, and just overall miserable feeling. To know we spent all that money to make ourselves, family, friends, pets sick is utterly ridiculous. I know they have settled to pay for HVAC repairs, but there is no assurance they what they are doing will fix the issue.
One mold and mildew sets in, you have to think about all the cabin areas, the carpet, the seats, just the overall car. Can they really eradicate the mold and mildew from those areas. I would think not. So we have to ask ourselves, do we just settle for HVAC repairs, and have to pay out of pocket with no assurance of being reimbursed. When the case was settled, why did the courts not put this in a administrative law firm area and for us not to have to seek recovery from Mercedes. We are being.left mistreated again. So much for loyalty to Mercedes Benz. Also, the value of the cars have depreciated prematurely and we will have issues when trying to sell or trade. Now it has been placed on us as owners to disclose this issue with or vehicles.
Every time I get in my car I have a headache, stuffiness, tingling with my tongue, coughing and just
feeling miserable. I have owned a C 240 2002, E350 2009 and now drive a E350 2016.
I bought a 2016 Mercedes Benz from New Jersey and still have that issue. They told me to flush it out and change the cabin filters. It didn’t do anything and I have really bad allergies now. Never had allergies before. I can’t wait to get rid of this vehicle and get a Lexus again
2 Mercedes and both had the same sickening nasty and embarrassing smell. Mercedes denied the smell and did nothing to help. I should have know better to get a second Mercedes but at least it is confirmation that it’s the Vehicle that’s crap and nothing else. Bye-Bye Mercedes you not be seeing my money again
Yes I bought a 2016 C250 here in Australia and it has always emitted same foul smell from AC.
Dealer gave me a can of deodoriser to put in. Doesn’t help.
Bought a 2020 GLA 250 last April of this year. A month ago, the car started to emit a strong vinegar-puke like smell. The smell was so strong that I had to bring it to the MB service center in kearny Mesa. They denied any smell coming out of the ac and did not do anything to fix the smell. They said that everything was fine and that me and my daughter were “wrong”. How would they know that we were wrong when we’re the ones using the car?! Anyways, MB’s service is crap and I want my money back!
Hey Jhen,
Can you tell me after what time you started getting that smell and did you do anything to resolve it. We just got mercedes GLE 350 2021 model, in March and i have a baby at home who is 6 months and he started getting allergy. We have found that the allergy is everytime he sits in the car. We havent experienced any smell as such but after reading the lawsuit, i am kind of scared that the allergy might be because of this. We are stuck as we have leased the car. Did you find any solution?
I have a 2013 GL450 with 37000 miles and the bad odor from the vents. It’s a terrible smell and changing the filters do not help. My wife and my kids refused to sit in this vehicle.
I called the Mercedes dealership and I need to pay upfront and cross my fingers and hope they reimburse me. My car has been sitting in the garage for three months because I refuse to drive it with that horrible odor!
I’ve just purchased a 2017 CLA that has the same problem. That smell gets me sick. Sneeze and headache. When I got to the website, seems like I must first get your car fixed and then file a claim to get reimbursed.
As I am not able to do so due to the pandemic situation, what can I do?
Add me to the list.. I have purchased 2 mercedes and both had stale unusual
Smells