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MB bluetec lawsuit in USA

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Old 06-23-2022, 09:18 AM
  #976  
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E350
Called my dealer (Euro Motor Cars in Gaithersburg Maryland) for an update yesterday.

They said EGR is on a "no ETA backorder."
Old 06-23-2022, 11:17 AM
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Originally Posted by Jfxogara
Called my dealer (Euro Motor Cars in Gaithersburg Maryland) for an update yesterday.

They said EGR is on a "no ETA backorder."
That's sad. The deadline for AEM installation is Oct 1st. I guess you can give the MBBluetecSettlement administrator a call and ask them what you can do about this.
Old 06-23-2022, 11:59 AM
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This is so disheartening.....mine has both the "AEM waiting on EGR" and "Brake Booster Failure" I can't drive, can't sell, probably miss out on 10/1 deadline....thinking about contacting an attorney to see if I have any options.
Old 06-23-2022, 01:14 PM
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1922 Ford Model T / no OBD
Originally Posted by geniushanbiao
That's sad. The deadline for AEM installation is Oct 1st. I guess you can give the MBBluetecSettlement administrator a call and ask them what you can do about this.
I had the same misunderstanding.
The Oct 1 is deadline for filling the claim (and get the check later) when performing AEM per my dealer doesn't have any time limit.
Obviously we want to file the claim.
I called the dealer for update on parts status yesterday and still wait for their call back. If I don't hear about parts in next couple of weeks, I'll be emailing Shelby.
Old 06-23-2022, 08:53 PM
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Originally Posted by kajtek1
I had the same misunderstanding.
The Oct 1 is deadline for filling the claim (and get the check later) when performing AEM per my dealer doesn't have any time limit.
Obviously we want to file the claim.
I called the dealer for update on parts status yesterday and still wait for their call back. If I don't hear about parts in next couple of weeks, I'll be emailing Shelby.
My understanding is that the AEM has to be installed before the claim can be filed, unless you are a previous owner. Is that a misunderstanding?
Old 06-23-2022, 09:10 PM
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Originally Posted by geniushanbiao
My understanding is that the AEM has to be installed before the claim can be filed, unless you are a previous owner. Is that a misunderstanding?
From the settlement letter:

Under the terms of the settlement, current owners/lessees must have the AEM installed at an authorized Dealership before they can file a claim. The deadline to have the AEM installed and to file a Claim is October 1, 2022.

If an AEM is not available by October 1, 2022 for a Registered Subject Vehicle that you own or lease, then starting on that date, you may file a claim by November 30, 2022 for a Class Member Payment under the Class Action Settlements. Class Members who cannot install an AEM because it is not available and who timely file a claim may receive the Owner/Lessee Payment or Post-Announcement Owner/Lessee Payment under the Bosch Class Action Settlement, and under the Mercedes Class Action Settlement, they may receive an additional payment.


In other words, if the EGR is still not available by then, you may receive an additional payment on top - and when the EGR does become available, you can still have the AEM installed then. There is no time limit / deadline on the AEM installation, only on when you have to file the claim.
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Old 06-24-2022, 02:38 AM
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1922 Ford Model T / no OBD
Originally Posted by geniushanbiao
My understanding is that the AEM has to be installed before the claim can be filed, unless you are a previous owner. Is that a misunderstanding?
This is not, your previous message was.
Old 06-24-2022, 09:38 AM
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Note the wording: "May Receive" My dealer implied there is no guarantee of receiving the payment if AEM isn't installed prior to deadline.
Old 06-24-2022, 10:45 AM
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1922 Ford Model T / no OBD
Originally Posted by Diabolis
....

If an AEM is not available by October 1, 2022 for a Registered Subject Vehicle that you own or lease, then starting on that date, you may file a claim by November 30, 2022 for a Class Member Payment under the Class Action Settlements. Class Members who cannot install an AEM because it is not available and who timely file a claim may receive the Owner/Lessee Payment or Post-Announcement Owner/Lessee Payment under the Bosch Class Action Settlement, and under the Mercedes Class Action Settlement, they may receive an additional payment.

In other words, if the EGR is still not available by then, you may receive an additional payment on top - and when the EGR does become available, you can still have the AEM installed then. There is no time limit / deadline on the AEM installation, only on when you have to file the claim.
What settlement letter?
Here is official settlement page and I can't find this note?
https://www.epa.gov/enforcement/daim...#vehiclerepair
Old 06-24-2022, 12:11 PM
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Originally Posted by blt212
Note the wording: "May Receive" My dealer implied there is no guarantee of receiving the payment if AEM isn't installed prior to deadline.
What the verbiage says is "Class Members who cannot install an AEM because it is not available and who timely file a claim may receive the Owner/Lessee Payment or Post-Announcement Owner/Lessee Payment under the Bosch Class Action Settlement, and under the Mercedes Class Action Settlement, they may receive an additional payment." I would interpret that to mean that you may or may not receive the part of the settlement that is paid out by Bosch, which I think is considerably smaller than the Mercedes part, and that you may or may not receive an additional payment from Mercedes presumably as an additional fine to Mercedes because they are unable to fulfill their obligations to remedy the emissions issue that are higher than claimed. You would still get the original portion of the Mercedes fine for the diminished value and the penalty that they have to pay out to all owners.

Originally Posted by kajtek1
What settlement letter?
Here is official settlement page and I can't find this note?
https://www.epa.gov/enforcement/daim...#vehiclerepair
A new user posted it here earlier in its entirety - see https://mbworld.org/forums/diesel-fo...ml#post8571634 - and despite the fact that I am located in Canada, I also recall seeing something very similar on the letters I received (our settlement is essentially a copy of the USA one - the only things that are a little different are the respective dates and the amounts paid out).
Old 06-24-2022, 02:16 PM
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As a point of reference and not wanting to stir the diesel vs gas debate, my old 164GL with the gas fueled M273 had close to 300k miles and was, next to the M113 with over 220k miles, the least maintenance needy MB engine I've ever owned. Made the mistake of repairing the intake flap on the M273 which made zero difference in the drivability. By the way, don't bother with the flap repair if you have a gas model. The M273 ran on regular unleaded and refused to quit. The car ended up dying from water intrusion, but the engine was still running like a champ needing no added oil between 10k mile oil changes.
Old 06-24-2022, 05:37 PM
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1922 Ford Model T / no OBD
At 300k miles diesel engine is just getting broken-in.
Don't want to dig the picture, but I posted it years ago on benzword.
The 1987 model of 603 engine at 290k miles still had honing marks on the cylinders, even most of those miles were with dino oils. The head gasket gave up and I had to pull the head.
Anyway, since the post this morning, I got a call from dealer that parts for my AEM arrived.
It will take me few days to get the car ready, but we are moving forward.
Old 06-27-2022, 10:41 AM
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The parts arrived for my 2012 GL350 AEM last week. I have had a code for a stuck intake flap for a few months, and was happy to get the parts because I thought the intake manifolds were being replaced. Service writer is unsure because the whole campaign is so vague with different parts for each vehicle. He seems to think if I want the manifolds definitely replaced I should get an estimate and have them done, which is crap.

Did anyone with an EMC 5 recall get new or refurbished intake manifolds? Here is what the EPA indicates will be replaced.
  • New Left and Right Charge Air Distribution Line/Intake Manifold (incl. Intake Port Shutoff Linkage)
Old 06-27-2022, 12:57 PM
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1922 Ford Model T / no OBD
Originally Posted by klxman95
..... He seems to think if I want the manifolds definitely replaced I should get an estimate and have them done, which is crap.

Service Advisers are paid to know the papers, even they might not know how to turn wrenches.
I would call hotline and report the situation.
On other hand, since you are dropping the car off for AEM, let them figure it out, while you drive a loaner.
Old 06-29-2022, 06:37 PM
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More dealer shenanigans. My dealer gave me an estimate for oil cooler seals at $980 while doing the AEM on our GL350. Seems really high but they want to replace the cooler itself at $280 in parts, which is unnecessary. I had the oil cooler seals done about 3 years ago, 20,000 miles ago. It seems like a waste to blow $1K if they are not leaking. $500 maybe, but seems like too much for preventative action
Old 06-29-2022, 07:40 PM
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1922 Ford Model T / no OBD
It is $280 now, or $2800, when it will start leaking next year or year later?
Not easy decision for sure, but beware that dealers rush for extra income, while not having qualifications for it.
Just today Sprinter owner wrapped the case, where in identical situation, the mechanic did not clean engine valley and allow dirt to enter oil passage. The engine seized 3 miles from the dealership and after some rough negotiations, the dealer put rebuild engine in the van.
Good outcome, but sure not good time between.
Old 06-29-2022, 07:58 PM
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If you had the seals replaced 3 years ago, they should already be the latest (2nd generation) Viton seals that came out sometime in 2016 or 2017. AFAIK there have been no reports of those leaking to date.
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Old 07-01-2022, 11:57 PM
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Yeah they have the viton seals done at the dealer, but I am worried they could leak anyway since the design is weak. Will ask dealer to inspect for any leakage, even minimal during the work. If any weapage is there then it makes sense to pay some again to get fresh seals and 2 year warranty from MB
Old 07-02-2022, 09:35 AM
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To replace Oil cooler or seals only while doing AEM?

Originally Posted by klxman95
More dealer shenanigans. My dealer gave me an estimate for oil cooler seals at $980 while doing the AEM on our GL350. Seems really high but they want to replace the cooler itself at $280 in parts, which is unnecessary. I had the oil cooler seals done about 3 years ago, 20,000 miles ago. It seems like a waste to blow $1K if they are not leaking. $500 maybe, but seems like too much for preventative action
Originally Posted by S-Vibes
I did ask for a quote on the oil seal job while they were doing the AEM: Labor 3hours $547.50, parts $393.58 = total $1024.48 includes tax. I said no to needing a new oil cooler, to which they said they wouldn’t guarantee the job if I didn’t get the oil cooler. I laughed and still refused the part.
I think the expression goes: Be careful not to be penny wise and pound foolish.

I think I am experiencing that now and would like to recommend to anyone else considering having your oil cooler seals done at the same time as your AEM to go ahead and allow Mercedes to replace the oil cooler even if not needed. I requested that they change only the seals when I had mine done to save roughly $400 but since I received the vehicle back after the service there has been more oil leaking than when I took the car in for the AEM service. Since the service writer pointed out to me that if I refused the new oil cooler I would have no warranty on the service, I am now in the position of being unable to have them fix whatever is wrong under warranty. (The cynical side of me thinks they could have intentionally left things loose knowing that I’d have no recourse but to come out of pocket for any issues.) Don’t try to save a few bucks on the oil cooler. Buy yourself peace of mind and pay for the “un-needed” oil cooler. I gambled that it would be fine without the oil cooler and I’ve lost that bet.

With diesel prices increasing and having never seen the promised superior diesel fuel economy; I’m done. I’ll sell the vehicle rather than fighting the dealership service shop about why the vehicle is leaking more oil after the service . Plus I already know they’ll point out it’s not their fault since I refused the recommended parts.
Old 07-02-2022, 09:50 AM
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1922 Ford Model T / no OBD
Originally Posted by S-Vibes
........ (The cynical side of me thinks they could have intentionally left things loose knowing that I’d have no recourse but to come out of pocket for any issues.) .
I performed 3 AEM on my vehicles and 2 of them show very bad craftsmanship.
On 1 Bluetec, the new Nox sensor was only finger-thigh, when the module was hanging on loose screws, on other the new sensor wires were run against sharp edges of heat shield.
But why replacing seals only is not giving you warranty? I would call MB hotline and get their advise.
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Old 07-02-2022, 01:26 PM
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Originally Posted by DESAL
Forget the administrator. Email Shelby Smith at shelby@hbsslaw.com. This is the contact at the law firm and has helped a number of us with payments. In my case I was missing some paperwork and once I turned it over to Shelby it didn’t get lost and Shelby kept me appraised. Last email I had was a check should be cut and mailed before end of month. Not sure of the amount but anything above $0 is a plus. I no longer have the car but was still able to get the paperwork
Got my check for $878.75 in today's mail. 2014(W212) E250 Shelby was on the money when she said it would be cut at the end of June. Without her help I not sure if I would have seen $1.

Since settlement checks are taxable, I am guessing I'll see a 1099-misc at year end.

Hope all of you owners that sill have your diesels with payment repair problems get satisfaction. I would suggest contacting Shelby with your issues. Like I said it took a few email exchanges but the money is in the bank.

Last edited by DESAL; 07-02-2022 at 01:28 PM.
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Old 07-02-2022, 02:37 PM
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1922 Ford Model T / no OBD
I hear they are not taxable and since I plan to collect about $14,000 that might be some issue.
But I am retired, so not much taxes and I have solar panels write off.
When I have odd feeling, that I am not really deserving this money, just like stimulus checks, I never refused money given to me in my life.
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Old 07-02-2022, 04:27 PM
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Originally Posted by DESAL
Since settlement checks are taxable, I am guessing I'll see a 1099-misc at year end.
FWIW, I never received a 1099 for 2021 when I received my check last year.
Old 07-02-2022, 05:50 PM
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Why would it be taxable? They're just returning part of the purchase price to you. Unless you deducted it in the first place...
Old 07-02-2022, 06:30 PM
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1922 Ford Model T / no OBD
Originally Posted by John CC
Why would it be taxable? They're just returning part of the purchase price to you. Unless you deducted it in the first place...
In Nevada I don't have state tax.
Do you have it in your state? WHY ?


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