MB bluetec lawsuit in USA
03-09-2021, 02:08 PM
#226
Senior Member
I quickly read through the PDF and didn't see anything about payment to owners.
B. The Consent Decree And The California Partial Consent Decree The Consent Decree requires Daimler to: (1) fix its vehicles at no cost to consumers; (2) offer an extended warranty on all parts expected to be impacted by the fix; (3) conduct future testing of the affected vehicles to demonstrate compliance with emissions standards for their full useful life; (4) perform projects to fully mitigate damage caused to the Nation’s air; (5) implement new corporate compliance measures to discourage future cheating; and (6) pay a civil penalty of $875 million, plus retroactive stipulated penalties of about $70.3 million. Gov’t’s Mot., ECF No. 7 at 11. The settlement’s total value will reach $1.5 billion, according to the government. Id.
B. The Consent Decree And The California Partial Consent Decree The Consent Decree requires Daimler to: (1) fix its vehicles at no cost to consumers; (2) offer an extended warranty on all parts expected to be impacted by the fix; (3) conduct future testing of the affected vehicles to demonstrate compliance with emissions standards for their full useful life; (4) perform projects to fully mitigate damage caused to the Nation’s air; (5) implement new corporate compliance measures to discourage future cheating; and (6) pay a civil penalty of $875 million, plus retroactive stipulated penalties of about $70.3 million. Gov’t’s Mot., ECF No. 7 at 11. The settlement’s total value will reach $1.5 billion, according to the government. Id.
03-09-2021, 02:15 PM
#227
Senior Member
In Appendix A I found what I'd been looking for for a while - the terms of the extended warranty.
Once the emission modification has been installed in your vehicle, MBUSA will extend your warranty coverage for certain emission-related components. Warranty Period:
The warranty period for the “Extended Modification Warranty” shall be the greater of:
• 10 years from the date of initial sale or 120,000 miles on the odometer, whichever occurs first; OR
• 4 years or 48,000 miles from the date on which the emission modification was performed, whichever occurs first.
The vehicle’s date of initial sale (also referred to as the vehicle’s warranty start date) is defined as the date the vehicle was delivered to either the first retail purchaser or lessee; or if the vehicle was first placed in service as a “demonstrator” or “company” car, on the date such vehicle was first placed in service. Parts Covered Under Extended Warranty: The Extended Modification Warranty covers the emission control system, including (1) all components which are replaced as part of the emission modification, and (2) any 3 component which can reasonably be impacted by effects of the emission modification. The emission control system warranty shall cover the following parts or systems:
• DOC,
• DPF,
• SCR catalyst,
• DEF injector,
• DEF injector controller,
• DEF supply module,
• DEF pump,
• Temperature sensor unit,
• Exhaust temperature sensor,
• PM sensor,
• Lambda sensor for Emission Modification Categories 1–5,
• NOx sensors,
• Fuel injectors,
• Air intake throttle,
• EGR valve,
• EGR duct,
• EGR cooler (including bypass-control),
• Intake manifold/charge air distributor,
• EGR temperature sensor,
• Turbocharger, including VGT actuator,
• ECU hardware, where replaced as part of the Approved Emission Modification,
• TCU hardware, where replaced as part of the Approved Emission Modification,
• HCU hardware, where replaced as part of the Approved Emission Modification,
• OBD System: the cost of any OBD Diagnostic Scan for malfunctions that trigger the MIL, regardless of whether the malfunction is attributable to a part that is covered under the Extended Modification Warranty, as well as the cost of troubleshooting to determine the reason for the malfunction, but only if the malfunction is determined to be attributable to a part that is covered under the Extended Modification Warranty,
• Cylinder head assembly components: camshaft, valves, springs, valve spring keepers, valve seats, cam bearing caps, and manifold studs,
• Engine timing chain,
• Intake manifold pressure sensor,
• Instrument cluster hardware, where replaced as part of the Approved Emission Modification, and
• Coolant thermostat, where replaced as part of the Approved Emission Modification.
In our continuing efforts to assure proper performance of your Mercedes-Benz vehicle, your authorized Mercedes-Benz dealer will diagnose and replace the emission-related components listed in this section, if necessary, at no cost to you as long as the vehicle remains within the time and mileage limits of this warranty extension. Please keep this letter and deliver it to any new owner, along with the owner’s manual. This warranty extension covers the diagnosis and replacement of the emission-related components listed in this section. Should you ever sell the vehicle, this warranty extension is fully transferable to subsequent owners.
This warranty extension will not cover:
• Any damage or malfunctions caused by installation of non-EPA or non-CARB certified emission related parts, including damage or malfunction to parts needed for proper diagnosis of a covered part.
• Damage or malfunctions caused by or related to outside influence, such as damage due to an accident, or vehicle misuse or neglect.
All existing warranty provisions remain in effect. The extended emission warranty includes parts and labor. The extended emission warranty shall not void or supersede any existing warranty.
The warranty period for the “Extended Modification Warranty” shall be the greater of:
• 10 years from the date of initial sale or 120,000 miles on the odometer, whichever occurs first; OR
• 4 years or 48,000 miles from the date on which the emission modification was performed, whichever occurs first.
The vehicle’s date of initial sale (also referred to as the vehicle’s warranty start date) is defined as the date the vehicle was delivered to either the first retail purchaser or lessee; or if the vehicle was first placed in service as a “demonstrator” or “company” car, on the date such vehicle was first placed in service. Parts Covered Under Extended Warranty: The Extended Modification Warranty covers the emission control system, including (1) all components which are replaced as part of the emission modification, and (2) any 3 component which can reasonably be impacted by effects of the emission modification. The emission control system warranty shall cover the following parts or systems:
• DOC,
• DPF,
• SCR catalyst,
• DEF injector,
• DEF injector controller,
• DEF supply module,
• DEF pump,
• Temperature sensor unit,
• Exhaust temperature sensor,
• PM sensor,
• Lambda sensor for Emission Modification Categories 1–5,
• NOx sensors,
• Fuel injectors,
• Air intake throttle,
• EGR valve,
• EGR duct,
• EGR cooler (including bypass-control),
• Intake manifold/charge air distributor,
• EGR temperature sensor,
• Turbocharger, including VGT actuator,
• ECU hardware, where replaced as part of the Approved Emission Modification,
• TCU hardware, where replaced as part of the Approved Emission Modification,
• HCU hardware, where replaced as part of the Approved Emission Modification,
• OBD System: the cost of any OBD Diagnostic Scan for malfunctions that trigger the MIL, regardless of whether the malfunction is attributable to a part that is covered under the Extended Modification Warranty, as well as the cost of troubleshooting to determine the reason for the malfunction, but only if the malfunction is determined to be attributable to a part that is covered under the Extended Modification Warranty,
• Cylinder head assembly components: camshaft, valves, springs, valve spring keepers, valve seats, cam bearing caps, and manifold studs,
• Engine timing chain,
• Intake manifold pressure sensor,
• Instrument cluster hardware, where replaced as part of the Approved Emission Modification, and
• Coolant thermostat, where replaced as part of the Approved Emission Modification.
In our continuing efforts to assure proper performance of your Mercedes-Benz vehicle, your authorized Mercedes-Benz dealer will diagnose and replace the emission-related components listed in this section, if necessary, at no cost to you as long as the vehicle remains within the time and mileage limits of this warranty extension. Please keep this letter and deliver it to any new owner, along with the owner’s manual. This warranty extension covers the diagnosis and replacement of the emission-related components listed in this section. Should you ever sell the vehicle, this warranty extension is fully transferable to subsequent owners.
This warranty extension will not cover:
• Any damage or malfunctions caused by installation of non-EPA or non-CARB certified emission related parts, including damage or malfunction to parts needed for proper diagnosis of a covered part.
• Damage or malfunctions caused by or related to outside influence, such as damage due to an accident, or vehicle misuse or neglect.
All existing warranty provisions remain in effect. The extended emission warranty includes parts and labor. The extended emission warranty shall not void or supersede any existing warranty.
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03-09-2021, 04:31 PM
#228
HB law says :
The Court signed the consent decree today. The website isn’t live yet because there is some information that needs to be updated (dates and deadlines). Hopefully, the website will be live by tomorrow.
The Court signed the consent decree today. The website isn’t live yet because there is some information that needs to be updated (dates and deadlines). Hopefully, the website will be live by tomorrow.
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bugelrex (03-10-2021)
03-10-2021, 09:31 PM
#231
Senior Member
If you go first and the emissions start to fail repeatedly then you have a good case for buyback... especially since the lawfirm will be very interested in early failures
03-10-2021, 10:32 PM
#232
Senior Member
03-11-2021, 12:11 PM
#233
Senior Member
Depends what you mean by emissions fail repeatedly. In my case here in TX, there is no emissions testing done. And I am not certain I am interested in a buyback, I have already gone through the VW Buyback and looking back, I regret turning my VW in during their buyback. I am hung up on owning a diesel vehicle, so turning in the Merc on a buyback is just not something I am interested in, even though others here would disagree.
I had a 2010 VW Jetta TDI Sportwagen (I bought used with around 70,000 miles) and went through two separate major failures before the buyback. Both failures were caused by the emission control system problems:
Design flaw 1.
Bent connecting rod & cracked piston due to hydro-locking caused by condensate building up in the inter-cooler and entering one cylinder during highway driving. VW paid 75% I paid 25%.
Design flaw 2.
Cracked & Fubar DPF, had to be replaced at my cost.
Total dealer invoice of the above repairs was somewhere between $6,500 - $7,000 and my share was roughly $3,500 or so.
Nice little car despite these major issues, but I was glad to sell it back to VW .
They bought it back for about $13,500 including Bosch check. The car had 133,500 miles at the time of buyback.
No regrets selling it back!
No issues whatsoever so far with my W211, which I bought used 3.5 years ago with around 120,000 miles (170,000+ miles now)
Last edited by arto_wa; 03-11-2021 at 12:21 PM.
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Etienne Lau (03-11-2021)
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bugelrex (03-11-2021)
03-12-2021, 10:25 AM
#235
Why wait? Take your money and warranty and move on.
/
03-12-2021, 10:33 AM
#236
Senior Member
I don't see the value of waiting. There are multiple different fixes depending on the model and year (~dozen different fixes). It will basically be a science experiment every time. Also, any one dealer won't do it enough to get better at it. I also don't expect them to learn from each other or modify the approach.
Why wait? Take your money and warranty and move on.
/
Why wait? Take your money and warranty and move on.
/
03-12-2021, 01:48 PM
#238
Yes, the money is sent by Hans the people handling the class action. You must register with them to join the claim. Same firm as VW. hbsslaw.com
If anyone else can go to the MB site and enter their VIN to see. I get this message and signed up for email notifications. Thank you for your inquiry about your 2012 GL350 BLUETEC 4MATIC. At this time, the Emission Modification for your vehicle is not yet approved. We do not anticipate approval before quarter 03/2021. Once your Emission Modification has been approved, we will follow-up with an email to the address you provided as well as a notification by mail to the address we have identified for the current owner or lessee. We ask for your patience while we prepare for your Emission Modification.
Mercedes-Benz USA values you as a customer and if you have any questions regarding the status of your Emission Modification, please call us at 1-833-841-9362. You can always check on the status of your Emission Modification at bluetecupdate.mbusa.com.
If you have any questions regarding your eligibility for compensation relating to your vehicle under the terms of the class action settlement in the Mercedes-Benz Emissions Litigation, Civil Action No. 16-881 (DNJ), please visit mbbluetecsettlement.com for more information or 1-877-313-0170.
Thank you for your patience.
Mercedes-Benz USA
Tbh I have a fully clogged DPF car cant make boost. Not sure If ill be able to wait. I spoke to a dealer who said he's had instructions to start modifications at the end of this month. Anyone else wana poke around. Contact your dealer, ask MBUSA and post?
If anyone else can go to the MB site and enter their VIN to see. I get this message and signed up for email notifications. Thank you for your inquiry about your 2012 GL350 BLUETEC 4MATIC. At this time, the Emission Modification for your vehicle is not yet approved. We do not anticipate approval before quarter 03/2021. Once your Emission Modification has been approved, we will follow-up with an email to the address you provided as well as a notification by mail to the address we have identified for the current owner or lessee. We ask for your patience while we prepare for your Emission Modification.
Mercedes-Benz USA values you as a customer and if you have any questions regarding the status of your Emission Modification, please call us at 1-833-841-9362. You can always check on the status of your Emission Modification at bluetecupdate.mbusa.com.
If you have any questions regarding your eligibility for compensation relating to your vehicle under the terms of the class action settlement in the Mercedes-Benz Emissions Litigation, Civil Action No. 16-881 (DNJ), please visit mbbluetecsettlement.com for more information or 1-877-313-0170.
Thank you for your patience.
Mercedes-Benz USA
Tbh I have a fully clogged DPF car cant make boost. Not sure If ill be able to wait. I spoke to a dealer who said he's had instructions to start modifications at the end of this month. Anyone else wana poke around. Contact your dealer, ask MBUSA and post?
03-12-2021, 02:36 PM
#239
Modification and money are separate issues
For the money, you have to accept the class action, so that you give up your right to sue MB further.
For modification, MB must do it even if you reject the class action.
I might reject the class action if other law firm want to pursue the case. In that way, any bad thing caused by the modification will still be liable to MB.
For modification, MB must do it even if you reject the class action.
I might reject the class action if other law firm want to pursue the case. In that way, any bad thing caused by the modification will still be liable to MB.
03-12-2021, 03:26 PM
#240
For the money, you have to accept the class action, so that you give up your right to sue MB further.
For modification, MB must do it even if you reject the class action.
I might reject the class action if other law firm want to pursue the case. In that way, any bad thing caused by the modification will still be liable to MB.
For modification, MB must do it even if you reject the class action.
I might reject the class action if other law firm want to pursue the case. In that way, any bad thing caused by the modification will still be liable to MB.
03-12-2021, 09:16 PM
#241
Senior Member
For the money, you have to accept the class action, so that you give up your right to sue MB further.
For modification, MB must do it even if you reject the class action.
I might reject the class action if other law firm want to pursue the case. In that way, any bad thing caused by the modification will still be liable to MB.
For modification, MB must do it even if you reject the class action.
I might reject the class action if other law firm want to pursue the case. In that way, any bad thing caused by the modification will still be liable to MB.
03-12-2021, 09:35 PM
#242
This is a big gamble to find another law firm to pursue the case. Originally there were many law firms that had jumped on this, but all have dropped out, because unlike the VW case where VW blatantly lied, MB did not. And therefore the legal grounds to soak them for money is very slim.They are not even being sued for lying about their emissions, they are being sued for making false advertising claims. If you read the lawsuit and settlement, you will see it was never proven they blatantly hid so called "Defeat Devices".
For everyone who modify the car, it is a 4 year deal with MB. If you accept the class action, MB has a lot of power to refuse to fix your car if something goes wrong. Which easily double or triple 3000 dollar....
03-12-2021, 09:55 PM
#243
Senior Member
Copied from one of the law firms that decided it was not worth there effort to continue the Class Action:
The Mercedes-Benz company marketed its BlueTEC diesel vehicles as environmentally “friendly” and charged a premium for that “green” technology. The company is accused of defrauding consumers with false claims that the automobiles are “clean” vehicles, producing 30% fewer greenhouse gases without informing consumers that the engines become “dirty diesels” when operated in moderate and low temperatures, under 50 degrees. Testing has shown that BlueTEC diesel Nitrogen Oxide (NOx) emissions may be 19 to over 65 times the legal limit established by the U.S. Environmental Testing Agency.
The Mercedes-Benz company marketed its BlueTEC diesel vehicles as environmentally “friendly” and charged a premium for that “green” technology. The company is accused of defrauding consumers with false claims that the automobiles are “clean” vehicles, producing 30% fewer greenhouse gases without informing consumers that the engines become “dirty diesels” when operated in moderate and low temperatures, under 50 degrees. Testing has shown that BlueTEC diesel Nitrogen Oxide (NOx) emissions may be 19 to over 65 times the legal limit established by the U.S. Environmental Testing Agency.
03-14-2021, 01:26 PM
#245
Senior Member
03-14-2021, 03:48 PM
#246
Has anyone dealt with Stern Law? They're calling, emailing me, and texting me everyday regarding this after I inquired about it. It's making me think about how much resource they are putting into getting me to sign up.
03-14-2021, 08:44 PM
#247
Senior Member
03-17-2021, 10:42 AM
#248
Junior Member
I just received an email from MBUSA that stated the modification for my 2014 ML is approved and ready to be installed. Instructions are to call Dealer and schedule it. I will,do this next week. The way I read the warranty that will be in affect for 4 years or 48,000 miles whichever comes first from date of modification includes the intake manifold and so the swirl,flaps should be covered if they break or clog up. ‘Tis ML has been a great vehicles and I am moving forward assuming MB knows what it is doing. Will report back on performance changes if any when complete, also how long it takes to,do it and what was actually replaced.
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bugelrex (03-17-2021)
03-17-2021, 12:03 PM
#249
Senior Member
Will the warranty cover preexisting issues? For example if timing chain needs to be replaced should be replaced prior to modification or it will be replaced during modification free of charge?
03-17-2021, 12:23 PM
#250
Senior Member
I just received an email from MBUSA that stated the modification for my 2014 ML is approved and ready to be installed. Instructions are to call Dealer and schedule it. I will,do this next week. The way I read the warranty that will be in affect for 4 years or 48,000 miles whichever comes first from date of modification includes the intake manifold and so the swirl,flaps should be covered if they break or clog up. ‘Tis ML has been a great vehicles and I am moving forward assuming MB knows what it is doing. Will report back on performance changes if any when complete, also how long it takes to,do it and what was actually replaced.
Wondering what the correct procedure is to get the $. Ie dont go to dealer until you've filled in details on the website (which isn't live yet)?
