Mercedes Benz has agreed to resolve a class-action lawsuit accusing the auto-giant of cheating emission tests, engaging in false advertising, and misleading customers about the real nature of its clean diesel engines. The Mercedes BlueTEC engine emission system has been designed to shut off automatically once the air temperature falls below 50 degrees Fahrenheit without sending any intimation to the drivers. Plaintiffs in the case have alleged that the emission control systems caused the vehicles to emit more nitrogen oxide than what is permitted under federal and state law.
Eligibility For Making Claim: Both current and former owner or lessees of Mercedes BlueTEC vehicles who either owned or leased and registered a subject vehicle on or before 14th September 2020 or who started owning or leasing and registered a subject vehicle post 14th September 2020 for which an AEM (approved emission modifications) has not been installed. Both resellers and dealers meeting the definition of Class members are also eligible to file for a claim under this class action settlement for the following Mercedes BlueTEC vehicles:
- E250 (2014-2016)
- E350 (2011-2013)
- GL320 (2009
- GL350 (2010-2016)
- GLE300d (2016)
- GLE350d (2016)
- GLK250 (2013-2015)
- ML250 (2015)
- ML320 (2009)
- ML350 (2010-2014)
- R320 (2009)
- R350 (2010-2012)
- S350 (2012-2013)
- Mercedes-Benz Sprinter, 4-cylinder (2014-2016)
- Freightliner Sprinter, 4-cylinder (2014-2016)
- Mercedes-Benz Sprinter, 6-cylinder (2010-2016)
- Freightliner Sprinter, 6-cylinder (2010-2016)
Proof Of Purchase:
- Dates of leasing or owning the registered subject vehicle.
- Proof of former or current vehicle ownership or lease.
- Proof of vehicle registration and the date.
- Copy of government-issued identification like your driver’s license.
- Current lessees and owners have to submit the invoice or repair order received by them when approved emission modifications were performed on the subject vehicle to prove that it received the AEM (unless AEM was not made available by 1st October 2022).
- Claimants submitting a transportation reimbursement claim have to provide a receipt as proof of the transportation costs incurred on trips both to and from the authorized dealership.
Potential Claim Amount: Mercedes-Benz is under the maximum obligation of paying $726 million to the claimants whereas Bosch will pay $63.3 million.
- Current lessees and owners will receive $3,290 from the Mercedes BlueTEC settlement and around $300 from the Bosch settlement on filing a valid claim. They might also receive an incremental payment if no valid claim has been submitted for the same vehicle by a former lessee or owner.
- If the former owner or lessee makes a valid claim or the lease or purchase began after 14th September 2020, then the current lessees or owners are eligible to receive $2,467.50 from the Mercedes BlueTEC settlement and around $225 from the Bosch settlement, alongside a potential additional amount.
- Former lessees or owners are eligible to receive $822.50 from the Mercedes settlement, plus $75 from the Bosch settlement. Former owners or lessees filing valid claims for the same vehicle are eligible to equal divisions of the payment claim.
- Class members can file a payment claim ranging from $740.25-$2632 if the approved emission modifications are not made available within 1st October 2022. The amount of claim will depend on the vehicle’s model year and whether multiple claims have been made on the vehicle till 30th November 2022.
Case Summary: Certain Mercedes-Benz BlueTEC vehicles equipped with emission control systems have been accused by the plaintiffs of emitting a dangerous level of nitrogen oxide exceeding what is permitted under the law and expected by the consumers.
Claim Form: Submit A Claim (mbbluetecsettlement.com)
Deadline for Submitting Claim:
- Former lessees or owners of registered subject vehicles have to file a valid claim form within 12th July 2021. The deadline shall shift to the date of final settlement approval if it is after 12th July.
- Current lessees or owners will be eligible to submit their claim and receive a payment within the deadline of 1st October 2022 if the AEM is installed.
- Class members have the maximum deadline of 30th November 2022 for filing a claim if the AEM is not made available within 1st October 2022.
Final Hearing Date: 05/24/2021
Settlement Pool: $789 million
Important Note: Class Members have until 24th May 2021 to either object to or exclude themselves from the Mercedes-Benz BlueTEC lawsuit settlement.
Case Name: In re: Mercedes-Benz Emissions Litigation, Case No. 2:16-cv-881-KM-ESK in the U.S. District Court for the District of New Jersey
Claims Administrator
MB Blue Tec Settlement
c/o JND Legal Administration
PO Box 91310
Seattle, WA 98111
1-877-313-0170
[email protected]
Class Counsel
James E. Cecchi
CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO PC
Steve W. Berman
HAGENS BERMAN SOBOL SHAPIRO LLP
Christopher A. Seeger
SEEGER WEISS LLP
Defense Counsel
Daniel W. Nelson
Geoffrey M. Sigler
Lucas C. Townsend
Chantale Fiebig
GIBSON, DUNN & CRUTCHER LLP
Troy M. Yoshino
Matthew J. Kemner
Eric J. Knapp
SQUIRE PATTON BOGGS (US) LLP
Matthew D. Slater
Jeffrey A. Rosenthal
Carmine D. Boccuzzi Jr.
Jennifer Kennedy Park
Abena Mainoo
CLEARY GOTTLIEB STEEN & HAMILTON LLP
