Mercedes Class Action Says HVAC System Defect Causes Mold Growth

Certain vehicles sold by Mercedes-Benz USA LLC contain defective HVAC systems that cause mold growth and mildew to circulate within the cabin, according to a class action lawsuit removed to California federal court last week.

In July 2015, plaintiff Gary Arakelian says he entered into a lease agreement for a new 2015 Mercedes Benz ML350 vehicle.

According to the Mercedes class action lawsuit, the vehicle has a design defect that causes the HVAC system to accumulate mold growth, subsequently emitting and circulating a mildew odor throughout the vehicle when the HVAC system is in use.

Arakelian claims the mold and mildew that is circulated in the cabin causes noxious and unbearable odors and that the air is harmful to his health. He claims he first noticed the odors in September 2016 at 9,594 miles.

According to the Mercedes HVAC defect class action lawsuit, Mercedes knew of the HVAC system defect through internal sources, testing and consumer complaints.

ML350 owners have complained publicly about a “very bad or mushy smell” and “mold growing in the humid environment,” according to the Mercedes class action lawsuit. Some ML350 owners even refer to the smell as “the MB signature smell,” Arakelian alleges.

“Yet despite this knowledge, Mercedes failed to disclose and actively concealed the HVAC System Defect from Class Members and the public, and continued to force consumers to pay for out of warranty cabin filter changes, without remedying the internal issue,” the Mercedes HVAC system defect class action lawsuit says.

When Mercedes owners complained of the odor, they were reportedly told by Mercedes that all European vehicles have the smell, and were encouraged to change the cabin filter to remedy the issue. However, according to the ML350 HVAC class action lawsuit, Mercedes knew that the odor problem was widespread and that it could not be addressed by changing the cabin filters.

Further, the vehicle owners were allegedly forced to foot the cost for the cabin filter changes because the repairs fell outside the manufacturer’s warranty. Arakelian says he paid $303 out-of-pocket to replace the air filter, but his vehicle still experiences the musty odor when the air conditioning is running.

By filing the Mercedes HVAC system defect class action lawsuit, Arakelian seeks to represent himself and a proposed Class of California residents who purchased or leased any of the following vehicles with the HVAC system:

• 2004-2012 Mercedes A-Class
• 2001-2017 Mercedes C-Class
• 2000-2014 Mercedes CL-Class
• 2013-2017 Mercedes CLA-Class
• 2003-2009 Mercedes CLK-Class
• 2004-2017 Mercedes CLS-Class
• 2003-2016 Mercedes E-Class
• 2007-2017 Mercedes GL-Class
• 2010-2016 Mercedes GLK-Class
• 2006-2016 Mercedes M-Class
• 2017 Mercedes GLE-Class
• 2006-2015 Mercedes R-Class
• 1999-2017 Mercedes S-Class
• 2003-2012 Mercedes SL-Class
• 2004-2016 Mercedes SLK-Class
• 2002-2013 Maybach 57 and 62

The Mercedes class action lawsuit asserts claims under the Song-Beverly Consumer Warranty Act, breach of written warranty pursuant to the Magnuson-Moss Warranty Act, breach of implied warranty, the California False Advertising Act, and the Unfair Business Practices Act.

A similar Mercedes HVAC defect class action lawsuit was filed in Georgia federal court earlier this year.

Arakelian is represented by Todd M. Friedman, Meghan F. George and Adrian R. Bacon of the Law Offices of Todd M. Friedman PC.

The Mercedes HVAC System Defect Class Action Lawsuit is Gary Arakelian v. Mercedes-Benz USA LLC, Case No. 2:17-cv-06240-DMG-AFM, in the U.S. District Court for the Central District of California.