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MB bluetec lawsuit in USA

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Old 05-16-2021, 10:33 AM
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1922 Ford Model T / no OBD
Originally Posted by Mark3133
I have a remote starter installed on my car from midcity engineering. I have a 15 gl350. My car was at the dealer for 4 weeks. They couldn’t update the software Bc the remote start I guess wouldn’t the interfaces communicate. They removed the remote start without me authorizing. Can anything be done?
It is done already, isn't it?
I think from legal point of view they should refuse AEM and deny the warranty as the result, but what's done is done.
Did you make the remote start working after AEM ?
Old 05-18-2021, 12:34 PM
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Update as of May 18. In the shop now for 13 days, still no news. I will try to contact MBUSA if I get no news by Friday. Is that being a "Karen?" Respectfully, I think not.
Old 05-21-2021, 10:13 PM
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Originally Posted by kajtek1
It is done already, isn't it?
I think from legal point of view they should refuse AEM and deny the warranty as the result, but what's done is done.
Did you make the remote start working after AEM ?
I’m sending remote start back to midcity engineering. They’re going test it and make sure it’s operating correctly before I reinstall it

my wife noticed the sunroof is not closing
smoothly after getting the car back. It closes in small increments. Called my service advisor and have an appointment to drop it off tomorrow.

Old 05-21-2021, 10:15 PM
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I submitted my claim, when can I expect a payment?
Old 05-21-2021, 10:42 PM
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Originally Posted by Mark3133
I submitted my claim, when can I expect a payment?
calm down -- your posts are all over the place (see: sunroof nonsense tied to aem above), and you're new here. Why would we be able to tell opine on when you're getting payment for a class action lawsuit.
Old 05-21-2021, 11:50 PM
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Originally Posted by we47b1me
calm down -- your posts are all over the place (see: sunroof nonsense tied to aem above), and you're new here. Why would we be able to tell opine on when you're getting payment for a class action lawsuit.
Why don’t you calm down buddy, it’s just an Internet forum. And btw my join date is February 2010, you’re newer than me.

in regards to the sunroof nonsense, the point I was trying to make was that I didn’t have an issue before dropping off the car for the aem update. It might be a coincidence or not but the dealership said to bring it back and they’ll fix it no charge.

And lastly maybe someone has a timeframe on payments going out, why would it hurt to ask

Old 05-22-2021, 12:21 AM
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Originally Posted by Mark3133
Why don’t you calm down buddy, it’s just an Internet forum. And btw my join date is February 2010, you’re newer than me.

in regards to the sunroof nonsense, the point I was trying to make was that I didn’t have an issue before dropping off the car for the aem update. It might be a coincidence or not but the dealership said to bring it back and they’ll fix it no charge.

And lastly maybe someone has a timeframe on payments going out, why would it hurt to ask
7 posts in 11 years. Enough said. Good luck.
Old 05-22-2021, 10:43 AM
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1922 Ford Model T / no OBD
Originally Posted by Mark3133
I’m sending remote start back to midcity engineering. They’re going test it and make sure it’s operating correctly before I reinstall it

my wife noticed the sunroof is not closing
smoothly after getting the car back. It closes in small increments. Called my service advisor and have an appointment to drop it off tomorrow.
Your sunroof needs synchronization. Typical after computer reset, what AEM did.
Read the manual. But dealer should have it check.
It is always good idea to recheck the job.
Professional ethics in USA are vanishing. On 1 of my Sprinters the new NOx was just finger-tight when the module was hanging on loose screws.
Other Sprinter had SCR pipe replaced and new sensor wires were rubbing against sharp edge of heat shield.

Last edited by kajtek1; 05-22-2021 at 10:45 AM.
Old 05-22-2021, 10:51 AM
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Originally Posted by kajtek1
Your sunroof needs synchronization. Typical after computer reset, what AEM did.
Read the manual. But dealer should have it check.
It is always good idea to recheck the job.
Professional ethics in USA are vanishing. On 1 of my Sprinters the new NOx was just finger-tight when the module was hanging on loose screws.
Other Sprinter had SCR pipe replaced and new sensor wires were rubbing against sharp edge of heat shield.
not in the '15 he has, and the 12v constant the techs have hooked up to the cars during the service given the long sw update should keep all of the ecu systems and modules in line, EXCEPT, the trip odometer
Old 05-22-2021, 05:54 PM
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1922 Ford Model T / no OBD
You are confusing power down reset with computer-forced reset.
Old 05-24-2021, 10:59 PM
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FYI, today was the opt-out deadline.

Did anyone here opt-out of the settlement?
Old 05-25-2021, 10:41 PM
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Originally Posted by Mawk1
Did anyone here opt-out of the settlement?
I did. That is such a easy choice for me.
Old 05-25-2021, 10:45 PM
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Originally Posted by Steven Gu
I did. That is such a easy choice for me.
can't wait to hear how much money you don't get, and how your parts aren't warrantied at all
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Old 05-26-2021, 08:26 AM
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Ml350 bluetec
Originally Posted by we47b1me
can't wait to hear how much money you don't get, and how your parts aren't warrantied at all
The poster and a number of others on here are planning on opting out and filing a separate lawsuit to force MB to buy back their vehicles. They are comparing MB situation with VW. Sadly they are missing the point, which is VW is/was unable to repair a number of their vehicles to meet EPA and CARB requirements, because they could not and cannot install the DEF system to compensate for the NOX emissions. While in MB's case they are able to apply the repairs to make them compliant with EPA and CARB requirements.

Remember VW ECU explicitly turn on/off their emissions system based on whether it was being tested on 2 or 4 wheel rolling road/dyno. While MB's issue is they turned off the emissions systems when vehicles were being driven in colder temperature, but the emissions system were working in warmer/normal operating temperature. What bother's me the most is EGR and other gasoline vehicle emissions systems are also turned off in colder temperature and yet we don't see EPA or CARB bouncing all over that!!! Which is why I think this entire issue is a political issue rather than an actual "we need to bring all vehicles into compliance", if they were after actual compliance, they would be after all other petro/gasoline vehicles as well which they are not. It's purely political.
Old 05-26-2021, 09:53 AM
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From what I got reading the settlement files (I did not spend too much time on it) , MB was always compliant with EPA requirements. The suite is about not delivering what MB claim Bluetecs will deliver.
My Bluteces pass annual NV smog tests with 0 recorded particles. Even the 1 with DPF delete.
It would be interesting to find what separate claims can bring. Sounds like 3-4 years process ahead?
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Old 05-26-2021, 10:15 AM
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Ml350 bluetec
Originally Posted by kajtek1
From what I got reading the settlement files (I did not spend too much time on it) , MB was always compliant with EPA requirements. The suite is about not delivering what MB claim Bluetecs will deliver.
My Bluteces pass annual NV smog tests with 0 recorded particles. Even the 1 with DPF delete.
It would be interesting to find what separate claims can bring. Sounds like 3-4 years process ahead?
That's exactly how I am interpreting the entire issue. The lawsuit that we are all in is based on marketing claims and failing to meet marketing claims and nothing about breaking or not meeting EPA requirements. So yah, another 3-5 years for those that want to jump onto another lawsuit.....By then the vehicles will likely be worthless and sold-off.....and/or broken down....Good luck to those that want to go down that path.
Old 05-26-2021, 01:16 PM
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Originally Posted by Etienne Lau
That's exactly how I am interpreting the entire issue. The lawsuit that we are all in is based on marketing claims and failing to meet marketing claims and nothing about breaking or not meeting EPA requirements. So yah, another 3-5 years for those that want to jump onto another lawsuit.....By then the vehicles will likely be worthless and sold-off.....and/or broken down....Good luck to those that want to go down that path.
opt out still entitled for AEM and the extended emission warranty.
The only danger is to get zero dollar for compensation.
The attorneys for the opt out has done it for vw cases before, so they know the risks better than me. They are confident to be profitable again in this case.
Old 05-26-2021, 01:53 PM
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Ml350 bluetec
Originally Posted by Steven Gu
opt out still entitled for AEM and the extended emission warranty.
The only danger is to get zero dollar for compensation.
The attorneys for the opt out has done it for vw cases before, so they know the risks better than me. They are confident to be profitable again in this case.
LOL, that's like listening to a Real Estate agent selling me an empty lot somewhere and telling me "The property value will go up 100% in 5 years". Sorry but, of course they want people to opt-out and sign in, they make money on legal fees, etc....I would be asking the question what their strategy they plan to use on this separate opt-out case.
Old 05-26-2021, 04:12 PM
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It is not only promised value, but rate of inflation.
The $3500 settlement can buy lot of good stuff today, even we see 20% + price increase in just last year.
What it will buy in 4 years?
Will potential $6000 in 4 years have higher value than $3500 today?
Old 05-26-2021, 06:08 PM
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Originally Posted by kajtek1
It is not only promised value, but rate of inflation.
The $3500 settlement can buy lot of good stuff today, even we see 20% + price increase in just last year.
What it will buy in 4 years?
Will potential $6000 in 4 years have higher value than $3500 today?
bottom line is: $3500 is not too much. If I am not getting it, it is OK.
I just want attorneys on my side if the AEM thing causes major issue.

BTW, I heard many owners did not opt out, neither plan to do AEM. They think the $3500 is not enough for them to risk their car through the AEM thing.
Old 05-26-2021, 06:18 PM
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Originally Posted by Steven Gu
bottom line is: $3500 is not too much. If I am not getting it, it is OK.
I just want attorneys on my side if the AEM thing causes major issue.

BTW, I heard many owners did not opt out, neither plan to do AEM. They think the $3500 is not enough for them to risk their car through the AEM thing.
that is why they are warrantying not only the exhaust / aem components, but a ****load of other parts....
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Old 05-26-2021, 10:20 PM
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Originally Posted by we47b1me
that is why they are warrantying not only the exhaust / aem components, but a ****load of other parts....
Even with these added warranty, many folks still choose not to do it.
Old 05-26-2021, 10:21 PM
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Originally Posted by Steven Gu
Even with these added warranty, many folks still choose not to do it.
godspeed to them. Would love to get updates from them in 5-10 years on their trucks
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Old 05-26-2021, 10:31 PM
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It bears mentioning these attorneys are working on contingency

Originally Posted by Etienne Lau
LOL, that's like listening to a Real Estate agent selling me an empty lot somewhere and telling me "The property value will go up 100% in 5 years". Sorry but, of course they want people to opt-out and sign in, they make money on legal fees, etc....I would be asking the question what their strategy they plan to use on this separate opt-out case.
If they don't collect for you, they don't get a dime. Clearly, the fact that they were actively soliciting, in aggressive fashion, class members to opt-out of the settlement, tells you that they think they will see money out of this, and not just chump change either. They've seen how the VW, Ford and Fiat/Chrysler cases have done and are basing things on those case outcomes. It's highly likely that those that opt-out will see a larger settlement than class members do. However, 40% of that settlement will go to their counsel, so it HAS to be larger.

My guess is that the opt-out clients, especially those represented by a big firm like Stern, will be dealt with similar to a class-action suit, i.e. collectively rather than individually. This will save both plaintiff and defendant attorneys many, many hours and court-related expenses. Neither is looking to take each case to court. It's simply not cost-effective given the relatively small amount of damages in these cases. MB and Bosch will deal with Stern and try to settle with as many of Stern's clients as possible, out of court, and in one fell swoop. What they will offer is the question, because there are significant differences between this BlueTec case and the other manufacturers' cases. I think they're going to stand their ground quite a bit more than the other defendants did, especially since the AEM seems largely to be working properly, at least to this point.

Personally, I'm not necessarily looking for a buy-back (I love my car) or a monetary settlement, but rather a lifetime warranty for the exhaust and related systems of the car (as defined and listed in the settlement), for as long as I own it. Whether any counsel I might retain will proceed with that or not is the question. Hard to monetize a warranty and figure your 40% cut. I'm seriously considering proceeding self-represented and thus make it easier for MB and Bosch to settle with me. I don't want anything to do with the legwork that it would take to collect and present evidence, like Stern has the resources to do, in an actual courtroom proceeding, or even a backroom negotiation. My offer will be simple: You can make me go away without a buy-back, or any monetary award or even any legal fees/expenses for counsel on either side. Interested? I think they will be.

Last edited by Mawk1; 05-26-2021 at 11:12 PM.
Old 05-26-2021, 10:38 PM
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Originally Posted by Mawk1
If they don't collect for you, they don't get a dime. Clearly, the fact that they were actively soliciting, in aggressive fashion, class members to opt-out of the settlement tells you that they think they will see money out of this, and not just chump change either. They've seen how the VW, Ford and Fiat/Chrysler cases have done and are basing things on those case outcomes. It's highly likely that those that opt-out will see a larger settlement than class members do. However, 40% of that settlement will go to their counsel, so it HAS TO be larger.

My guess is that the opt-out clients, especially those represented by a big firm like Stern, will be dealt with similar to a class-action suit, rather than individually. This will save both plaintiff and defendant attorneys a lot of time. Neither is looking to take each case to court. It's simply not cost-effective given the amount of damages in these cases. MB and Bosch will deal with Stern and try to settle with as many of Stern's clients as possible out of court in one fell swoop. What they will offer is the question, because there are significant differences between the BlueTec case and the other manufacturers. I think they're going to stand their ground a bit more than the other defendants did, especially since the AEM seems to be working properly to this point.

Personally, I'm not necessarily looking for a monetary settlement, but rather a life-time warranty for the exhaust system of the car, for as long as I own it. Whether any counsel I might retain will proceed with that or not is the question. Hard to monetize a warranty and take your 40% cut...
Ambulance chasing attorneys for the class action variety. They don't understand the intricacies of this versus the VW lawsuit. What people aren't realizing is the insane warranty MB is offering you for opting in, not only on the parts they're replacing, but close to the equivalent of a CPO warranty on critical components. But again, godspeed to the folks that think MB is going to do a buyback scenario close to the VW one. I'll take the added warranty + the 4k payout from MB any day.


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