Mike5215

A class action requires a class. So far it's one guy. Here's how Class actions happen. Blockbuster video charges a .50 cent rewind fee even if the customer returns the tape 75% rewound. A lawyer gets one class representative who complains. The lawyer notifies Blockbuster it's going to file a class action suit and subpoena all of their transactions where the .50 cent fee was charged.

The lawyer asks the court to require Blockbuster to notify every customer who may have a claim. They become the Class. If the lawyers can convince the judge to certify the Class, it's on and settlement talks begin. To avoid a judgment and the bad press of a trial Blockbuster puts up a few million.

The settlement will break out like this:

-Millions to the lawyers
-Several thousand to the Class rep
-A coupon for a free video rental to the rest of the Class.

Class actions are a joke unless you're the lawyer or class rep. To make it tasty to the lawyers there needs to be thousands of potential class members. There literally aren't enough C43/450s in existence.

Quickburn7

just to be clear I do not have upgraded brakes or pads. If I did I would not expect MB to replace anything. I am not going to get an attorney or class action for something like this. But I thought about it and will take the report from an independent shop back to Keyes and will give them a chance to rectify a mistake or notify the BBB and Mbusa that the dealership is operating under unfair business practices

I will ask however for them to change the brakes on all 4 sides including calipers as if there is something wrong with one side there is most likely something wrong with all 4.

removedCFGaccount

http://www.prnewswire.com/news-relea...300385664.html

I think there are more than enough potential class members to interest even the most jaded lawyers, so it is a genuine threat. If all you got was a free brake job.... of course, the defendant will pay attorney's fees, and who better than a luxury car manufacturer.

PeterUbers

I never brake I just plan all coasts down to the microsecond and make amazing predictions about traffic

never replaced pads or rotors ever

removedCFGaccount

Reach your own conclusions, but when you have thousands of consumers and a deep pocket defendant....

https://law.duke.edu/grouplit/papers...nalexander.pdf

Mike5215

Ok, make some calls and get back to us.

removedCFGaccount

What?

Why should I call anyone?

Yidney

As a lawyer who defeated class certification in a case within the last month, I can tell you that MB would literally laugh out loud at a threat of a class action over this. Everybody thinks legal action is some big, scary threat. It isn't. It is only if there is some perceived merit to the claim. As Mike said, here we have one guy with a rather unusual problem and no indication it is (1) widespread, or (2) even a defect. No lawyer worth anything would invest a nickel pursuing this.

removedCFGaccount

Opinions are like ... elbows-you are speculating that no design defect exists, and MB attorney's state of mind. Odd, really.

No laughing, here: https://www.law360.com/articles/6351...t-class-action

z28lt1

Just to be clear, we have one poster, who might have one caliper gone bad. I won't speculate on the state of mind for MB's attorney, but it is probably fair to speculate on anyone's state of mind who legitimately thinks class action is a solution at this point.

removedCFGaccount

Well, without a competent opinion on the design, you are speculating. Hey, hurl all the insults you want as reasonable people can disagree.

I merely suggest he investigate his remedies, nothing more.

Yidney

After nearly 30 years dealing with corporate in-house counsel and the outside lawyers they hire (including me), it's not really speculation. Even if such a case were filed, they would just refer it out to whoever their preferred class action counsel is and go on about their business and get another cup of coffee. If you think they would think "Oh my god, we have been sued and better deal with this brake issue!" then I have a bridge to sell you. It's just another day at the office for them.

z28lt1

Keep us posted on the results, and good luck.

I don't blame you for requesting changing brakes on all 4 corners, but keep in mind, if it really is a problem with just one corner (part of the caliper, or brake line) there really isn't any justification for replacing the other calipers (or even the front pads/rotors), and it isn't likely there is something is wrong with all 4.

Will be interesting to see if it is something like just a slider or piston, if MB replaces those parts/rebuilds the caliper, or, I suspect, replace the whole caliper (that is if they even agree there is something wrong, which hopefully they will).

removedCFGaccount

@Yid. Fine, people can give your opinion such weight as they wish.

I'm merely suggesting the guy investigate his remedies, not prejudging them.

These classes of economic loss claims tend to begin with one guy who discovers....

Believe or opine whatever you want, on any bootstrap basis you wish.

Oh, I speculate Mercedes has a huge SIR, hence inside counsel would likely deal with this guy's claim, but, ultimately, neither that nor outside counsel's status is a fact of consequence to his claim if ultimately shown to be grounded in a design defect, or deceptive or unfair trade practice.

Reasonable people can and often disagree, that's why there are two sides to the bar.

Mike5215

Welcome back.

removedCFGaccount

Thanks. French Polynesia is beautiful.

larrypmyers

I want my click back!

Mr. J

They should replace all front pads and rebuild the caliper on the affected side. They should also measure and inspect the wear pattern of the worn pad. They may also need to schedule a follow up visit to inspect the affected wheel after the new pads wear in.

These items get tricky because the default response of all service departments is "we don't cover wear items like brakes".

The first step is to try to work with the dealer service dept. The next step is to contact MB customer care and get assistance in working with that same service department, or if you've lost confidence in them, ask for assistance working with a different dealer service dept. Legal action would be the last resort. The chances of it working are small and it is going to damage any relationships built with the service department or MB Cust Care.

Personally, I would go to a different service department after contacting customer care. I'd explain the situation, and rather than making demands I would ask them what they can do to help restore your confidence in the brand and the service quality. I expect this will open more doors than any legal threats would. And if they tell you to go pound sand, you still have the legal hail Mary approach.

removedCFGaccount

Op, if you think MBUSA is your pal, that's great.

Remember, when you are told by MBUSA "support"/customer care your phone conversations are recorded for quality control and "other purposes," guard what you volunteer and guard what you agree on.

Gee, that "other purpose" is...?

Addendum: likely just as true, today. Be sure to demand to speak with "Christian," and good luck.

https://mbworld.org/forums/general-m...eos-email.html

~€€ BENZ~

I hope that I do not have the same issues when I convert to Mercedes. I've had BMW for 20 years all 3 Series and not the ///Ms but sport packages.. but I drive them all like a track car and I've had to replace brakes at about fifty thousand and a hundred thousand on all of the cars. I don't even think I replace my rotors on any of the cars maybe one of them but that was close to a hundred thousand miles. And even when they had to be replaced they were all covered by warranty why won't you be covered by warranty?

alyshehata

I actually had a similar problem at exactly 7k miles. I took it in to the dealer, and told them about the vibrations (they were very slight but still noticeable). They called me to say my vehicle was ready but didn't actually mention what they did to fix it (I was expecting them to say something like it's normal etc...) To my surprise the dealer replaced both front pads and rotors for both sides. I would say try a different dealership or ask to speak to a manager. MB dealerships usually want to earn your business even if it is just for warranty work.

Abohunu

Does the w205 have worn breakpad sensor indicator it in the 4 wheels?

I just took my car for the 1st service, I told the dealer just check break pads just because I read different things in this forum, I had no indicator in the dashboard, no vibration, the car feels great when breaking just very occasionally squeaky breaks when cold.

Is received a call telling me that they want:
- To replace all 4 breakpads (specially the read ones)
- Disc brake Rectification in the front.

I told him NO, there is no worn indicator display in my dashboard and rectify the front disk? Im not an expert, but the car is just 9000 miles! ... when I break the car feels perfect! no vibration no nothing... I dont remember to rectify a disc in my previous cars.

I have the feeling that the dealership pays some kind of commission $$ to the service guy.

Best regards!

BLAM

I remember front pads and front rotors for my 2008 CL63 was about $3200. That why I purchased the service plan from the dealer which include 1 set of replacement pads and rotors. Worn brakes at only 7000 miles seems very premature unless one drives like a clown.

dipinj

Dstopsie