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MB bluetec lawsuit in USA

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Old 07-25-2022, 06:00 PM
  #1026  
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2012 ML350 Bluetec, 2015 GL350 Bluetec
Originally Posted by wae
Well, my AEM has taken a turn for the worse. The service advisor just called me and said that because my DPF is missing and a bunch of sensors are unplugged, they can't do the AEM. Get this... They are telling me that they have to sell me a new DPF, install it, and then do the AEM. Which, of course, includes a new DPF. I've got the MAF sensors unplugged because the O2 and temp sensors are missing and I didn't feel like adapting the new MAF sensors since they're putting a new tube and sensor setup on as part of the AEM anyway. The DPF pressure sensor is capped off, and the NOx sensor is tucked up under the plastic cladding with the control box for it. The missing temp sensor is actually sitting in the trunk area since there's no place to really put it since there's no DPF.

I totally get that they want to make me buy the missing O2 sensor - in fact I told them when I dropped it off that it was missing and to go ahead and sell me one. But the thing where they want to sell me a DPF so they can take it back off again makes my head explode.

Neither the MBUSA 800 number nor the settlement administrator are any help whatsoever. To be fair, the gentleman who answered the phone at the settlement administrator was very polite and I didn't expect that they could do anything about it, but I figured I'd try to exhaust (haha, get it?) every possible avenue.

Anybody have a junk DPF they want to sell me for cheap? Or a line on a dealer within a couple hundred miles of Cincinnati that is easier to work with? Or know of a better escalation process?

They're currently putting together a list of things that they will require me to do before they'll do the AEM. Once I have that, I suppose I'll have to figure out what I'm going to do.

I truly do not understand how these people ever sell anyone a second car....
It might be that they need to send the old DPF back to the manufacturer, and with your missing DPF they cannot do that. While there are a few bad apples, most dealers do their work by the book and you can't simply try to sneak through it.
Old 07-25-2022, 07:00 PM
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Originally Posted by wae
.... But expecting me to fully fund a new DPF is a bit insane.
I have hard time to believe it really happen.
Don't know what was your reasoning for replacing DPF with straight pipe (?) but what prevents you from buying used DPF (it doesn't even have to be good), mount it on the car and take for AEM. I could not buy new DPF for my E and that what forced me for delete in 1st place.
You still need to plug all the sensors in.
I am waiting for the parts to take mine for AEM, so will not for sure if that works. Hopefully in days.

Last edited by kajtek1; 07-26-2022 at 11:56 AM.
Old 07-26-2022, 10:44 AM
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Originally Posted by wae
No, it's hardly butchered at this point and I'm not asking for anything for free that isn't included in the consent decree.
Better go read it again, unfortunately.

Not only is an unmodified system a requirement, you won’t get any sympathy from either MB or the government as the modifications you made are technically a violation of federal law.

Personally, I’d either forget about the AEM completely or get the system put back together to qualify. There is no half measure here and you won’t find a “sympathetic” dealer to complete the AEM in the present condition because they are all following the same requirements.
Old 07-31-2022, 10:44 PM
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E250 4M
This is a big part of it IMO

Originally Posted by geniushanbiao
It might be that they need to send the old DPF back to the manufacturer, and with your missing DPF they cannot do that. While there are a few bad apples, most dealers do their work by the book and you can't simply try to sneak through it.
I tried to get the service department to return my old parts when I signed the work order for the AEM. You certainly won't get them if you don't ask and you never know which bean counter is (perhaps asleep) at the switch in these places... However, no dice. They can decline to return the replaced parts when it's warranty or recall work, at least in my state, and that's exactly what they did.

Not so fun fact: Some states allow shops to simply show the old parts to you to confirm that they were actually removed, however since most owners wouldn't recognize the parts anyway, let alone whether they originated on their particular vehicle, this practice seems pretty bogus and quite the loophole for unscrupulous shops.

There is a big market for precious metals right now, as we all know. The core charge for any catalytic-related exhaust hardware is therefore a real thing for dealers/MB. MB and many other manufacturers are now refurbishing these used/defective parts and reselling them. This is a small, but not insignificant, mitigation of their costs for the recall and they aren't givin' it up! Too bad for you Wae, cuz I'd have sold you mine. I'm going to delete if there are any problems after my warranty is up anyway. By that time my car will be at least 12 years old and not much of a loss if the deletion becomes an issue for licensing or resale. What is quite certain is that repairing or replacing a modern diesel engine's exhaust system is a sure route to the poorhouse, and that's a road I'm not travelling.
Old 08-01-2022, 01:31 PM
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1922 Ford Model T / no OBD
For years MB USA is selling "rebuild" parts, who are actually new. Some speculate that this is to remove all used parts from aftermarket and charging core, makes the buyers bringing the old stuff back.
Than rumors say that no American mechanic is allowed to open MB engine or transmission when on warranty.
The assemble gets replaced and failed one goes to Germany for inspection.
Old 08-04-2022, 04:19 PM
  #1031  
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Originally Posted by DESAL
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.
Same here...I contacted Shelby in early July, found out I had some paperwork missing...forwarded it to her and 30 days later rec'd my $878!
Old 08-06-2022, 11:32 PM
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2012 W221 S63, 2016 W166 GLE350d
So my service manager reached out that the AEM is ready for my vehicles and both the 09 ML and 16 GLE are scheduled to go in end of Sep.

He also recommended to replace the oil cooler seals on both vehicles with the ML previously identified to have an oil cooler leak and nothing on the GLE, just as a preventative measure. However, he said it would be around $1200 per vehicle (CAD).

Initially, I thought this was a great deal since when the leak was identified back in 2018 or so, they quoted around $5500-6000 in labour. My indy shop said it's a good price given they said it's a $3500-4000 job on their end and I should do it since the seals were never replaced.

However, after reading this thread and seeing people's dealers charging them $300-550 in the states, I'm rethinking this and was wondering what the scope of additional work hours is to replace the oil cooler seals when the AEM is fitted on the W164 and W166.

I'm just surprised the quoted amount has such a large discrepancy especially since they usually give us really fair quotes and a lot of items on the house and having always brought over a dozen new mb's back to them for service with the exception for one, the 09 ML since it's so old and doesn't really make sense throwing money into it; is it essentially punitive since I turned down a 7k turbo repair quote from their end and brought it to an indy instead?

What's the best way to approach this? Just ask once again for the number of work hours required when I drop the vehicles off and mention how other dealers are about to complete it in 2-2.5hrs?
Old 08-07-2022, 10:44 AM
  #1033  
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1922 Ford Model T / no OBD
All the quotes are always negotiable. ALL and ALWAYS.
I still think that if you already have a leak, $1200 Can is good deal, but beware about Sprinter owner experience, who went for such deal and engine seized 3 miles from the dealership. Turn out dealer technician did not clean the valley before cooler removal and the dirt ended on bearings.
Old 08-15-2022, 08:51 AM
  #1034  
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Originally Posted by wae
Well, my AEM has taken a turn for the worse. The service advisor just called me and said that because my DPF is missing and a bunch of sensors are unplugged, they can't do the AEM. Get this... They are telling me that they have to sell me a new DPF, install it, and then do the AEM. Which, of course, includes a new DPF. I've got the MAF sensors unplugged because the O2 and temp sensors are missing and I didn't feel like adapting the new MAF sensors since they're putting a new tube and sensor setup on as part of the AEM anyway. The DPF pressure sensor is capped off, and the NOx sensor is tucked up under the plastic cladding with the control box for it. The missing temp sensor is actually sitting in the trunk area since there's no place to really put it since there's no DPF.

I totally get that they want to make me buy the missing O2 sensor - in fact I told them when I dropped it off that it was missing and to go ahead and sell me one. But the thing where they want to sell me a DPF so they can take it back off again makes my head explode.

Neither the MBUSA 800 number nor the settlement administrator are any help whatsoever. To be fair, the gentleman who answered the phone at the settlement administrator was very polite and I didn't expect that they could do anything about it, but I figured I'd try to exhaust (haha, get it?) every possible avenue.

Anybody have a junk DPF they want to sell me for cheap? Or a line on a dealer within a couple hundred miles of Cincinnati that is easier to work with? Or know of a better escalation process?

They're currently putting together a list of things that they will require me to do before they'll do the AEM. Once I have that, I suppose I'll have to figure out what I'm going to do.

I truly do not understand how these people ever sell anyone a second car....
Which dealer in Cinci did you go to? I just dropped mine off today. I guess I'm not surprised they wouldn't do it as the parts would either go back to Benz or be destroyed. I've considered a delete in the past, but held off thinking I'd let something go wrong first. If it runs OK after, I'd consider sticking with it. I also heard the AEM is warranted but was not given details. My only experience with dealers is warranty work done by Toyota for a frame rust recall. That was a 6 week nightmare, but worked to my advantage in the end. If it works like the Toyota recall, I'll start getting the calls tomorrow about things that need to be fixed not part of the recall.
Old 08-15-2022, 06:33 PM
  #1035  
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Generally recall parts are always collected. Its either a safety standpoint where they dont want the old parts out in possible cerculation to be sold/installed and negate the reason for the recall in the first place. Not to mention they are required to change these parts out as the old ones were deamed incorrect and needed to be taken off the street if you will per any lawsuit or guidance by any of the government agencies.

The other aspect is with the DPF and SCR there is a decent amount of money involved with recycling and since they are replacing with new no reason they shouldnt get the core in good condition to do as such. Even gutting the DPF and expecting a replacement is gambling as the dealer if they look at it should be fully capable of rejecting the parts and not performing the AEM the same as having the parts removed. Figure $100 per part, 2 per vehicle for ones with DEF, thats $20MIL per 100k cars. Ofcourse these car manufacturers throw around billions so not sure if that amount even matters to them in the long run and honestly no idea of the recycle amount or how many vehicles total affected by this recall/modification/whatever it is.
Old 08-20-2022, 08:18 PM
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After waiting for three months, my SA reports they will have the parts in stock for the 2012 E350 BT in the next week. Here we go.
Old 08-21-2022, 09:11 AM
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Picked up mine on Friday. Took it in on Monday so I was pleased with the turn around given some of the feedback here. It took a couple of days extra because the ad blue heater died and a new one had to be ordered. Drove it Saturday and a CEL came on. 3 say the value returned from the ad blue control unit are implausible. The 4th says the adblue system has not been tested. The counter possible starts is active. I'm going to guess I'll see the 10mstarts message soon. Back to the dealer....
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Old 08-21-2022, 03:34 PM
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Does anyone know if they replace the ECU (my car is a 2012 E350 BT)?
Old 08-22-2022, 01:00 AM
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ECU suppose to be flashed.
I am not much into software, but my understanding is that they wipe out the whole computer clean and install new program on it.
Old 08-29-2022, 12:18 PM
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2011 E350 Bluetec
My E350 has been at the dealer since 8/18 . Dropped it off in perfect working condition, with DEF heater/pump, oil cooler and a few other seals replaced in recent years. Having second thoughts now (11 days already, no ETA) -- do I really need this extended warranty and the settlement $ while risking the AEM upgrade mishaps? Seems they don't even have qualified diesel specialists at the dealership, hence the delays.
Old 08-29-2022, 03:21 PM
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Per my experience, dealers use AEM to "fill the holes" in their schedule.
When on sedans AEM involve replacing some exhaust piping, on some Sprinters it comes with replacing single sensor and ECU flash, what was reported to take 3-4 hr. yet dealers like to keep vehicles for 4 days to do it at their convenience. The only way I see to push them to work on it faster is requesting the loaner.
Lately they gave me GLC with 1400 miles on it. One of the way to check what new Mercedes can offer, although the loaner was pretty bare with no GPS.
Old 08-29-2022, 10:17 PM
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Originally Posted by davidbr93
Picked up mine on Friday. Took it in on Monday so I was pleased with the turn around given some of the feedback here. It took a couple of days extra because the ad blue heater died and a new one had to be ordered. Drove it Saturday and a CEL came on. 3 say the value returned from the ad blue control unit are implausible. The 4th says the adblue system has not been tested. The counter possible starts is active. I'm going to guess I'll see the 10mstarts message soon. Back to the dealer....
Picked mine up Friday. No new CEL since then. According to dealer, metering valve on def had to be replaced.
Old 08-31-2022, 05:06 AM
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2015 mercedes benz gl350 bluetec
right
Old 09-01-2022, 02:45 AM
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R350
Originally Posted by kajtek1
Per my experience, dealers use AEM to "fill the holes" in their schedule.
When on sedans AEM involve replacing some exhaust piping, on some Sprinters it comes with replacing single sensor and ECU flash, what was reported to take 3-4 hr. yet dealers like to keep vehicles for 4 days to do it at their convenience. The only way I see to push them to work on it faster is requesting the loaner.
Lately they gave me GLC with 1400 miles on it. One of the way to check what new Mercedes can offer, although the loaner was pretty bare with no GPS.
I got the GLC as loaner for one month. It can connect with your phone, I used Google map, which might be way better than the in car navigation.
The four cylinder engine reminds me why SUV need diesel engine, even small SUV!!!!
Old 09-01-2022, 09:44 AM
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2011 E350 Bluetec
After the AEM, the dealer returned my diesel with grossly overinflated tires (>41 psi each) and a visible oil leak from the V6 valley. It did not leak a drop of oil for a year prior to this shop visit. At best, the techs did not clean up after removing the EGR, turbo and intake manifold. Keeping my fingers crossed and weighing my options.
Old 09-01-2022, 10:02 AM
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AEM deadline

Hi guys I'm on waiting list for the AEM since May with no ETA on when EGR will be available. What would you advise considering filing the claim. Can you file without the AEM just to meet the deadline and add the paperwork later?

Last edited by kiroCLK; 09-01-2022 at 10:11 AM.
Old 09-01-2022, 04:45 PM
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1922 Ford Model T / no OBD
read FAQ | MB Blue Tec Settlement


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.
Old 09-01-2022, 05:31 PM
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2013 E350 Bluetec
I dropped off my E350 at local dealer on Aug 19. I just got a message from my dealer that they are too busy and cannot handle my case until first week of Oct. I am wondering what that means? Technically, AEM is available by Oct 1, 2022, it is the dealer who doesn't have the bandwidth to work on the recall. Shall I reach out to the MBUSA or the settlement contact?
Old 09-01-2022, 08:27 PM
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Originally Posted by Jfxogara
Does anyone know if they replace the ECU (my car is a 2012 E350 BT)?
I was told at the dealer that a new ECU would be installed. The dealer gave me the full parts list to be installed on my 2012 R350 Bluetec. If it helps folks, I could post pictures of the parts lists. There are a few pages.

I have a question for the community. If the ECU is being replaced, is it possible for Mercedes to provide an engine tune for a more modern version of the OM642? Other versions of the engine came with a significant HP improvement. I have read as much as 260 HP instead of the 210HP I believe mine has.

Is there a contact at Mercedes that we could beg this sort information from?
Old 09-01-2022, 10:43 PM
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Originally Posted by gooregi
I dropped off my E350 at local dealer on Aug 19. I just got a message from my dealer that they are too busy and cannot handle my case until first week of Oct. I am wondering what that means? Technically, AEM is available by Oct 1, 2022, it is the dealer who doesn't have the bandwidth to work on the recall. Shall I reach out to the MBUSA or the settlement contact?
Call em both imho. Dealers in my experience dont like recalls because its a set price of money they recieve for the work. If they have a big customer base they make alot more money ripping off general public with regular work then recalls or warranty work.


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