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Old 03-26-2018, 03:41 PM
dieseldiehard's Avatar
Dieseldiehard
 
Join Date: Oct 2002
Location: Bay Area No Calif.
Posts: 4,415
MERCEDES-BENZ AIR CONDITIONER PROBLEMS KEEP LAWSUIT MOVING

wow I wonder whats to come of this?
Anyone having the same issue (odors from the A/C when first switched on) should check this out
March 19, 2018 — Mercedes-Benz air conditioner problems are being heard in a Georgia court as a lawsuit alleges the systems emit mold and mildew smells that chase occupants out of the vehicles.

According to the lawsuit, the odors are there the moment the air conditioners are turned on and are made worse by humid weather. The plaintiffs claim the air conditioners fail to remove condensation which makes the perfect environment for the growth of bacteria and mold.

While trying to cope with the smells, the plaintiffs say the air conditioner problems cause health problems, especially to the respiratory systems of occupants.

Named in the air conditioning lawsuit are the following vehicles:


2004-2012 Mercedes-Benz A-Class
2001-2017 Mercedes-Benz C-Class
2000-2014 Mercedes-Benz CL-Class
2013-2017 Mercedes-Benz CLA-Class
2003-2009 Mercedes-Benz CLK-Class
2004-2017 Mercedes-Benz CLS-Class
2003-2016 Mercedes-Benz E-Class
2007-2017 Mercedes-Benz GL-Class
2010-2016 Mercedes-Benz GLK-Class
2006-2016 Mercedes-Benz M-Class
2017 Mercedes-Benz GLE-Class
2006-2015 Mercedes-Benz R-Class
1999-2017 Mercedes-Benz S-Class
2003-2012 Mercedes-Benz SL-Class
2004-2016 Mercedes-Benz SLK-Class
2002-2013 Maybach 57 and 62
The lawsuit alleges the automaker tells dealers to replace cabin air filters and flush the air conditioning systems, but the plaintiffs claim the odors continue to make occupants sick. Additionally, Mercedes dealers allegedly refuse to pay for repairs even though the vehicles are still covered by warranties.

A big argument made by the plaintiffs concerns technical service bulletins (TSBs) Mercedes sent to dealers about how to handle situations when customers complained about air conditioner problems.

Bulletins about moldy odors were allegedly sent in 2007, 2009, 2011 and 2016 and it's these bulletins that allegedly prove the automaker has known about the odors since at least 2007.

The plaintiffs also argue Mercedes should be held accountable because owners will continue to suffer future problems and expenses.

Mercedes-Benz filed a motion to dismiss the air conditioning lawsuit and did convince the federal judge to toss claims concerning express warranties. However, the lawsuit will continue based on implied warranty claims, allegations of fraud by concealment, unjust enrichment claims and alleged Mercedes violations of fair business practices.

Mercedes told the judge the wording of the lawsuit makes it clear the plaintiffs claim design defects cause the air conditioning problems, and the judge agreed by ruling the warranty doesn't cover design defects. It was this ruling that laid the foundation for the dismissal of express warranty claims.

Although the plaintiffs claim affected BMW owners could be harmed in the future because of the air conditioning problems, the judge disagreed and ruled in the automaker's favor.

The Mercedes-Benz air conditioning lawsuit was filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division - Sunil Amin and Trushar Patel, et al., v. Mercedes-Benz USA, LLC and Daimler AG.

The plaintiffs are represented by Lieff Cabraser Heimann & Bernstein, LLP, and Corpus Law Patel, LLC

source:
https://www.carcomplaints.com/news/2018/mercedes-benz-air-conditioner-problems-lawsuit.shtml
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