MB bluetec lawsuit in USA
#576
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2005 C55 AMG; 2000 CLK320 Cabriolet, 2000 C230 Kompressor & 2001 ML430
A lot of the parts are the same parts, I used to do marketing for a couple of mbz dealers for their wholesale parts depts, both where sprinter dealers too.
#578
Member
I wrote to them about a week ago concerning the timing. They responded two days later, stating they are reviewing and processing the forms, and no exact dates can be given .
#579
Senior Member
https://www.mbbluetecsettlement.com/
#580
Some thoughts after reading the settlement approval
The settlement was approved on Monday by the court in New Jersey. Read the ruling here:
https://www.mbbluetecsettlement.com/...33&inline=true
Thoughts:
Only 18 objections to the settlement were filed and only two objections were lodged against the fees paid to the attorneys. And this is out of a class of over a hundred thousand owners/lessees and for what is essentially a “repeat” class action suit, following several similar suits that were successfully litigated in recent years. Pretty remarkable!
Less than 1% of owners/lessees opted out of the settlement. Wow! This was surprising to me. I wasn’t expecting VW numbers, but still. Clearly this was a major “W” for MB and the Class’s counsel and a pretty resounding "L" for Stern et al.
Looking at Exhibit A in the settlement (which comprises the vast majority of the document) you can see a complete list of those who opted out of the settlement and their VINs. Interestingly, there are very few large owners/lessees (I counted perhaps 6 or 7 as I informally perused the exhibit), that have more than a handful of qualifying vehicles. The largest has about 200 vehicles and appears to be a used car dealership. The vast, vast majority of opt-outs were mom and pop/non-corporate owners. I think it speaks volumes about the viability of the opt-out path of legal recourse when most of the deep-pocket owners/lessees, who no doubt had access to good legal advice, chose not to opt out. This would seem to support the fairness of the monetary award and the perceived viability of the AEM and its associated warranty, among other things. Very interesting stuff.
PS- Since the settlement was approved, July 12th stood as the deadline for all previous owners/lessees to file a claim. Therefore, if you are a Class member and a subsequent owner/lessee, you either gained or lost about $900 in settlement money on Monday depending on whether your vehicle's former owners/lessees filed. Hopefully, it was the former and not the latter. If so, cheers!
https://www.mbbluetecsettlement.com/...33&inline=true
Thoughts:
Only 18 objections to the settlement were filed and only two objections were lodged against the fees paid to the attorneys. And this is out of a class of over a hundred thousand owners/lessees and for what is essentially a “repeat” class action suit, following several similar suits that were successfully litigated in recent years. Pretty remarkable!
Less than 1% of owners/lessees opted out of the settlement. Wow! This was surprising to me. I wasn’t expecting VW numbers, but still. Clearly this was a major “W” for MB and the Class’s counsel and a pretty resounding "L" for Stern et al.
Looking at Exhibit A in the settlement (which comprises the vast majority of the document) you can see a complete list of those who opted out of the settlement and their VINs. Interestingly, there are very few large owners/lessees (I counted perhaps 6 or 7 as I informally perused the exhibit), that have more than a handful of qualifying vehicles. The largest has about 200 vehicles and appears to be a used car dealership. The vast, vast majority of opt-outs were mom and pop/non-corporate owners. I think it speaks volumes about the viability of the opt-out path of legal recourse when most of the deep-pocket owners/lessees, who no doubt had access to good legal advice, chose not to opt out. This would seem to support the fairness of the monetary award and the perceived viability of the AEM and its associated warranty, among other things. Very interesting stuff.
PS- Since the settlement was approved, July 12th stood as the deadline for all previous owners/lessees to file a claim. Therefore, if you are a Class member and a subsequent owner/lessee, you either gained or lost about $900 in settlement money on Monday depending on whether your vehicle's former owners/lessees filed. Hopefully, it was the former and not the latter. If so, cheers!
Last edited by Mawk1; 07-14-2021 at 02:47 PM.
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#581
Senior Member
@Mawk1 I am not surprised, as the case was weak to begin with. MB did not out right like VW cheat. They just never notified EPA that their emissions system shut off below a certain temperature. Is that illegal? What about EGR systems on gasoline cars they do the same thing, and do car companies have to notify EPA that their EGR systems also turn off below a certain temperature?. So I suspect the mistake is MB did not notify EPA that they turned off below a certain temperature, and are now being forced to "try" and clean-up the exhaust in the cooler temperature.
#582
I've read with interest the several posts here about culpability
@Mawk1 I am not surprised, as the case was weak to begin with. MB did not out right like VW cheat. They just never notified EPA that their emissions system shut off below a certain temperature. Is that illegal? What about EGR systems on gasoline cars they do the same thing, and do car companies have to notify EPA that their EGR systems also turn off below a certain temperature?. So I suspect the mistake is MB did not notify EPA that they turned off below a certain temperature, and are now being forced to "try" and clean-up the exhaust in the cooler temperature.
If you have the resources to defend yourself vigorously (as MB clearly does) and are in the right (or even being selectively prosecuted) with all that was at stake monetarily and in the court of public opinion, I think you would have seen a much stiffer and more protracted defense from Daimler. They capitulated in an slightly less than average amount of time and with below average expenses for a Class action of this size IMO. That I think speaks to their perception of the strengths/weaknesses of the case against them. Furthermore, they were also heavily fined in the EU over the same issues and settled that case as well after a slightly more vigorous, but still half-hearted, defense. Clearly, there's more to this case than simple false advertising.
Final thought: If the EPA and CARB (especially CARB) thought they could score easy money and headlines from fining gas engine manufacturers over cold-start emissions THEY WOULD HAVE ALREADY DONE IT. Clearly we're dealing with apples and oranges. I'm not an automotive engineer, but I can follow the money as well as anyone. We may have a bit of a persecution complex as diesel owners, but trust me, the people leading the EPA and CARB are equal opportunity detractors of internal combustion, PERIOD, not just diesel. If they saw the opportunity for a windfall of fine money while simultaneously blackening the eyes of companies/technologies they legitimately see as threats to the planet, it wouldn't be two seconds before those notices would be in the mail.
Last edited by Mawk1; 07-16-2021 at 10:36 PM.
#584
Got our 2015 GL350 recall work performed last week. 90k miles on the odo. The dealer also replaced the clattery stretched timing chain and tensioner under warranty, during the same visit. The GL runs great now, and having the extended warranty is a really nice piece of mind for this family hauler! Vehicle runs like new, very happy with it and with the service from the local dealer.
#585
Super Member
Same, the dealer replaced the timing chain and tensioner on my E250 free of charge as well.
In my case, the stop/start button stopped working after the AEM, so i brought the car back. After 10-11 weeks they called that it is fixed and no charge.
In the paperwork, it said that they replaced the timing chain, tensioner and something else, I cant remember atm.
In my case, the stop/start button stopped working after the AEM, so i brought the car back. After 10-11 weeks they called that it is fixed and no charge.
In the paperwork, it said that they replaced the timing chain, tensioner and something else, I cant remember atm.
#586
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1922 Ford Model T / no OBD
In my case, the stop/start button stopped working after the AEM, so i brought the car back. After 10-11 weeks they called that it is fixed and no charge.
In the paperwork, it said that they replaced the timing chain, tensioner and something else, I cant remember atm.
In the paperwork, it said that they replaced the timing chain, tensioner and something else, I cant remember atm.
How timing chain could affect electronic start?
They kept the car for 10 weeks to fix it?
I hope you've got a loaner?
#587
Super Member
I know, this doesn't really make any sense, but the button didn't work when I picked up the car from the dealer after the AEM.
Not sure why and how they decided that the timing chain is related to this, but now the start/stop button works and this is all that I care about.
The first couple of weeks a had a 2021 GLC300, then it had to go in for oil change and they gave me 2021 GLA250. The GLA had these new fancy RGB interior lights inside, which I kinda liked for the first week or so )) But GLA has zero heat insulation, I had to run the AC on LO settings all the time except the mornings. And non-perforated pleather seats really make you sweat.
Needless to say, I was really happy what I got my car back.
Not sure why and how they decided that the timing chain is related to this, but now the start/stop button works and this is all that I care about.
The first couple of weeks a had a 2021 GLC300, then it had to go in for oil change and they gave me 2021 GLA250. The GLA had these new fancy RGB interior lights inside, which I kinda liked for the first week or so )) But GLA has zero heat insulation, I had to run the AC on LO settings all the time except the mornings. And non-perforated pleather seats really make you sweat.
Needless to say, I was really happy what I got my car back.
#588
I had the recall done two months ago. Car making metallic vibration noise - very noticeable right as you lightly touch the throttle. Over the weekend the car smokes and smells very badly, like a car fire!
I brought it back to the dealer. The front of the exhaust system had come loose. The smoke, I assume, was the bluetec doing a regeneration cycle on the DPF.
Anyway...$0 to fix. Just an annoyance. Car seems good now. I assume the dealer knows they messed up which is why it was $0.
Be careful out there with the "fix". Car was perfect before they touched it, and hopefully will continue to be perfect.
/
I brought it back to the dealer. The front of the exhaust system had come loose. The smoke, I assume, was the bluetec doing a regeneration cycle on the DPF.
Anyway...$0 to fix. Just an annoyance. Car seems good now. I assume the dealer knows they messed up which is why it was $0.
Be careful out there with the "fix". Car was perfect before they touched it, and hopefully will continue to be perfect.
/
#589
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1922 Ford Model T / no OBD
Yeah, check for lousy craftsmanship after AEM.
I had 3 of them done and on 2 they did not bother to thigh the new sensors right, so loose clamp on the exhaust kind of follow the rules.
I had 3 of them done and on 2 they did not bother to thigh the new sensors right, so loose clamp on the exhaust kind of follow the rules.
#590
Does anyone know when MB will actually mail the settlement checks in the US? I had the work done months ago now and see that the settlement was approved about a month ago in NJ. There is nothing on the settlement portal stating when they might start mailing checks. My concern is that this could mean they might start sending the checks out tomorrow or three years from now. I have to say overall I am very pleased with the 2014 E250 that I inherited. Drove from NJ to Florida with over 40 MPG and 800 mile range. Try that in an electric car!
#591
Senior Member
I'm not sure that I'm ready to excuse MB's actions quite so easily as some here. I do think there were defeat devices (both hard and soft) in these vehicles and I do think there was ample evidence to support this finding. The EPA, DOJ and CARB also reached this same conclusion and thus penalties were levied.
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om6424u (08-24-2021)
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om6424u (08-24-2021)
#594
Senior Member
Called to make my 80k service appointment and she had to check if I had any "recalls" before scheduling. She said I didn't so as of early this week, there is no AEM available for 2012 GL350s. I won't be getting the AEM completed until around this time next year anyway, so no worries for me.
#596
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1922 Ford Model T / no OBD
2012 GL350 fall under EMC5 modification. what suppose to be available in November. Bear in mind AEM is not a recall.
https://www.epa.gov/enforcement/daim...vil-settlement
https://www.epa.gov/enforcement/daim...vil-settlement
#597
I noticed the tech put an AEM sticker under the hood of my 2014 GL350 that lists the modifications and then the tech puts a check next to ones he does. I didn't get a new thermostat. Also, there is spot for instrument cluster. Anyone get a new instrument cluster?
#598
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1922 Ford Model T / no OBD
Instrument clusters are replaced only on some serial numbers, what seems to be very rare.
#599
When warranty doesn't cover whole car, it does cover DPF, DEF, fuel pumps, valves and injectors. Hardly can't ask for anything more for vehicles who can have 400,000 miles on them (and some Sprinters do).
When I love OM651 engine, my last purchased Sprinter has OM642. I agree for the engine to get body that I like and then I bought bigger boat to tow, so V6 is compromise.
Still on Sprinter the engine is way more accessible than on sedan.
I was replacing air filters on sedan and it took couple of hr. Very unfriendly engine access.
Taking about settlement - I quoted the legal source. Don't take my word for it.
Oil coolers are not spelled in the warranty, but the warranty has a line "all components who can be affected by AEM". So it might be up to dealer discretion to cover it or not.
When I love OM651 engine, my last purchased Sprinter has OM642. I agree for the engine to get body that I like and then I bought bigger boat to tow, so V6 is compromise.
Still on Sprinter the engine is way more accessible than on sedan.
I was replacing air filters on sedan and it took couple of hr. Very unfriendly engine access.
Taking about settlement - I quoted the legal source. Don't take my word for it.
Oil coolers are not spelled in the warranty, but the warranty has a line "all components who can be affected by AEM". So it might be up to dealer discretion to cover it or not.
Fuel pumps are covered in the AEM warranty?
#600
Update: 2012 GL350 we went from the 3rd quarter of 2021 to the 4th. I spoke to a rep from CARB and a rep from the EPA. Carb said they were doing the most # of cars first ie sprinters with lesser # models after. She also said that if the AEM does not hold which has happened a buyback is offered. She mentioned a California ML driver whose AEM didn't " take" and was offered market value. Not sure how much of this is correct take it as it is.
2012 Mercedes-Benz GL350 BLUETEC 4MATIC
Status
Vehicle (VIN) Eligible for Emissions Modification?
Yes
Emissions Modification Approved by EPA and CARB?
Pending Expected 4th Quarter 2021
2012 Mercedes-Benz GL350 BLUETEC 4MATIC
Status
Vehicle (VIN) Eligible for Emissions Modification?
Yes
Emissions Modification Approved by EPA and CARB?
Pending Expected 4th Quarter 2021