December 2019: Settlement reached with Daimler AG and Mercedes-Benz USA, LLC
On March 12, 2020, the Court gave preliminary approval to a nationwide settlement between plaintiff vehicle owners and lessees and Mercedes-Benz. This Settlement ends the class action product defect litigation over claims that certain Mercedes-Benz vehicles were affected by HVAC system defects that led to noxious odors inside the vehicles that could be severe enough to render the luxury vehicles unfit for driving. Read a copy of the Settlement Agreement.
The Settlement provides two benefits to Class Members: (1) cash reimbursement for costs paid for repairs related to a customer complaint of moldy, mildew-y, or similar odor emanating from the vehicle’s HVAC system including cleaning the evaporator and replacing the filter, and (2) coverage for those repairs in the future. The percentage of reimbursement or coverage is on a sliding scale based on the age of the vehicle.
You are a Class Member if you are a current or former owner or lessee of one of the following Mercedes-Benz vehicles and if you purchased or leased your vehicle in the United States:
|C – Class (model years 2008-2019||GL – Class (model years 2013-2016);|
|GLK – Class (model years 2010-2015);||GLE – Class (model years 2016-2019);|
|CLS – Class (model years 2012-2017);||GLS – Class (model years 2017-2019);|
|E – Class (model years 2010-2019);||M – Class (model years 2012-2015);|
|GLA – Class (model years 2015-2019);||GLC – Class (model years 2016-2019).|
Additional details about the settlement, compensation options, and timelines are all now available at the settlement website: https://www.mercedeshvacsettlement.com/. If you have any questions about the settlement, please contact the court-appointed settlement administrator at info@mercedesHVACsettlement.com or 1-844-924-0851. You can also use the form below to contact us with any questions about the settlement in this case.
Contact Lieff Cabraser
If you have any questions about the aforementioned settlement, please use the form below to contact an automotive defect attorney at Lieff Cabraser.
December 2018: Judge Denies Motion to Dismiss Georgia Mercedes-Benz Mold Case
On December 18, 2018, Judge Amy Totenberg of the U.S. District Court for the Northern District of Georgia denied Mercedes-Benz’s motion to dismiss the vehicle mold defects case, finding that the plaintiffs’ had sufficiently plead their claims against the luxury vehicle manufacturer based on allegations that defective heating and air conditioning systems in a wide range of Mercedes-Benz vehicles accumulate mold and mildew that gets pushed through the vehicle cabins when the HVAC systems are operating, rendering the vehicles unusable for their intended purpose. Read a copy of Judge Totenberg’s decision.
December 2018: New Lawsuit Filed December 2018 in Federal Court on Behalf of Mercedes-Benz Owners Nationwide
On December 12, 2018, Lieff Cabraser and co-counsel filed a larger, federal consumer fraud class action lawsuit against Mercedes-Benz USA and Daimler AG over owner allegations of defective air conditioning systems. Filed in the United States District Court for the District of New Jersey, the lawsuit claims the vehicles in question have a faulty design that, during normal and expected conditions, fails to properly evaporate or drain the accumulated system condensation, creating a rich environment for the growth of bacteria, fungi, mold, and spores, which then are blown into the passenger cabin when the AC System is in use.
April 2018: California Federal Court Decision Denies Mercedes’ and Daimler’s Attempts to Dismiss Moldy Vehicle Air Conditioning Lawsuit
On April 16, 2018, Judge Terry J. Hatter, Jr. of the United States District Court for the Central District of California issued an Order rejecting defendants Mercedes-Benz USA and Daimler AG’s motions to strike and dismiss plaintiffs’ First Amended Complaint in the litigation over allegations of defective, mold-harboring climate control systems in numerous Mercedes-Benz vehicles.
March 2018: Georgia Federal Court Decision Rejects Mercedes’s Attempt to Dismiss Plaintiffs’ Claims in Moldy AC Lawsuit
In March of 2018, U.S. District Court Judge Amy Totenberg of the Northern District of Georgia issued an order denying most of Mercedes’s arguments attempting to dismiss Plaintiffs’ putative class action against Mercedes over allegations of mold in Mercedes vehicle AC. At the same time, the Court confirmed the validity of plaintiffs’ claims that Mercedes-Benz misled its customers by selling them expensive cars Mercedes knew to have defective, mold-harboring climate control systems. Per the Court’s order, the case will now move into the discovery phase. In particular, the Court has asked the parties to consider how discovery already taken in the related California case (discussed below) can be applied in this case to save time and cost, and increase efficiency in the discovery process.
May 2017: Second Mercedes-Benz Mold Lawsuit Filed in Georgia Federal Court in 2017
In May of 2017, Lieff Cabraser and co-counsel filed a class action lawsuit in federal court in Georgia against Mercedes-Benz USA on behalf of consumers over complaints that various Mercedes vehicles dating as far back as the 1999 model year through to the present have a serious design defect that causes the air conditioning system to accumulate mold and mildew, spewing extremely unpleasant odors throughout the vehicles any time the air system is in use. The lawsuit seeks class action status and effective long-term repairs, as well as monetary damages for affected Mercedes-Benz owners and lessees, among other relief. Lieff Cabraser partner and case attorney Annika K. Martin is featured in this October 2017 WSB-TV news report alerting Georgia consumers to the Mercedes-Benz AC Mold lawsuit.
May 2016: First Mercedes-Benz Lawsuit Filed in California
In May of 2016, Lieff Cabraser and co-counsel filed an earlier class action lawsuit against Mercedes-Benz USA also on behalf of consumers over the same AC mold odor complaints, involving various Mercedes vehicles dating back to the 2003 model year and continuing to the present that allegedly have the same serious design defect causing mold and mildew to accumulate in the HVAC system, causing extremely unpleasant odors to permeate the vehicles any time the air system is in use. Among other relief, this suit also seeks class action status and effective long-term repairs, along with monetary damages for affected Mercedes-Benz owners and lessees.