E-Class (W212) 2010 - 2016: E 350, E 550

722.9 7G transmission lawsuit

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Old 02-28-2019, 01:43 AM
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E350
722.9 7G transmission lawsuit

Saw this on another forum, but it's the same transmission we all have. Just a fyi.

https://www.carcomplaints.com/news/2...-lawsuit.shtml
Old 02-28-2019, 02:04 AM
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There's more info here it seems.

https://www.leagle.com/decision/infdco20170921813
Old 02-28-2019, 03:47 AM
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There should NEVER be a TCM that is programmed to put any transmission into a limp mode while the vehicle is in motion. Any OEM that does that should have a few billion dollar law suit.
Same goes for engines.
Old 02-28-2019, 08:40 AM
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Hi, is there any VIN range or years? is this affecting all models with 722.9?
Old 02-28-2019, 08:52 AM
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Seems to be a common design flaw for many manufacturers

Originally Posted by exhaustgases
There should NEVER be a TCM that is programmed to put any transmission into a limp mode while the vehicle is in motion. Any OEM that does that should have a few billion dollar law suit.
Same goes for engines.
The reason I bought my E350 was because my (last and only) Hyundai tranny went into limp mode while freeway driving and almost got rear-ended by a semi. In the Hyundai design, limp mode was abruptly downshifting to third gear for a rapid deceleration and staying there.
Old 02-28-2019, 12:28 PM
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When 7G could have some software problems, the bigger IMHO problem is manufactures preventing doing the repairs outside dealerships.
The problem is wide spread and you pay for it buying milk and bread as farmers have to pay ransom to their equipment manufacturers.
Register at https://repair.org/stand-up/ to stand up against it.
Old 02-28-2019, 12:34 PM
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too many computers
Too many crappy written programs for them as well.

Let the operator decide what is best to do when something fails.
Old 02-28-2019, 12:49 PM
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1922 Ford Model T / no OBD
Originally Posted by ygmn
too many computers
Too many crappy written programs for them as well.

Let the operator decide what is best to do when something fails.
Well.... too many idiots with money buying expensive cars and butchering them. Read all those topics about 19 and 20" wheels.
I prize MB that is making their cars idiotprooof, but all in this life has the limits.
Old 02-28-2019, 01:41 PM
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Nothing is idiot proof as nature keeps making better idiots....

I understand safety and reasons for computers etc etc but sometimes the programmers cannot think of every scenario.
Like this being on interstate and this tranny drops gears down so you end up doing 30mph with semi truck behind you as you merge with no where for anyone to go....

I see a mess about to happen MB did not think of this and though "Hey if tranny fails lets go to limp home mode so the drivr can make it home in 2nd gear"
Hate to be on the autobahn with this thing in LH lane passing cars with bunch of fast cars behind me... OUCh////

No one or one company can think of every possible scenario for failure is all and sometimes their failure mode may not be the best for those they did not think of.
I am sure they did think hard about it.... and now the lawsuits are flying I doubt they will chage it for fear of admitting fault in lieu of admitting WE DID NOT THINK of that.
Old 02-28-2019, 01:46 PM
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1922 Ford Model T / no OBD
You are definitely right, that it is impossible to predict all the scenarios.
On other forum we had safety engineer giving samples how safety belts actually kill people. Typical sample a child in safety seat killed in accident when steel beam from a pickup went via the side door and crushed the child at low speed. With no safety belts- the child would be simply pushed on side, but safety belts hold it for crushing.
Still we do buckle up as statistically belts do way more good than bad.
Same with self-prevention programs MB cars have. Hard to blame the car that is trying to survive idiot driver
Typical sample on other side is Ford 6l Powerstroke.
Those engines have weak oil coolers, that gets clog, what leads to boiling coolant and with idiot behind the wheel - engine overheating,.
Ford doesn't have self-prevention program and thousands of those $10,000 engines were replaced becouse of $100 cooler failure with idiot using it -equal to catastrophic failure.

Last edited by kajtek1; 02-28-2019 at 01:50 PM.
Old 02-28-2019, 01:53 PM
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I get ya but I am more a fan of being responisble for myself in lieu of someone else...

Crazy world I mean 20 years ago this was non issue.
Old 02-28-2019, 03:56 PM
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1922 Ford Model T / no OBD
Originally Posted by ygmn

Crazy world I mean 20 years ago this was non issue.
Yes it was. Living 1/2 hr from Hoover Dam, I am always amazed how 93 men die on the project. Just few years later - Golden Gate Bridge construction adapted safety measures to complete the bridge with no casualties.
Than it took 80 years to discover that sidewalk has a gap between the bridge, that overlap I beam and is not visible from looking straight at it. Small child drop to her death before permanent maintenance crew noticed the problem and put safety cable there.
Old 02-28-2019, 09:32 PM
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There is no reason to force a limp mode for any component in a vehicle, that is as stupid as it would be putting an oil pressure kill switch on an aircraft engine. Even with zero oil pressure that airplane engine can run another amount of time that could possibly save lives. The key is keep the system up just in case. MB and planning for everything, that is nonsense, they if they had just simple common sense they should know that killing the engine or transmission at any speed that there could be a huge truck behind ready to roll over the car. Sorry MB idiots deserve major law suits over that issue.
Old 02-28-2019, 10:16 PM
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Would this type of case have to be fought in each state or country ... or if won in California - would it lead to a world wide recall?

that is a lot of transmissions to fix.
Old 02-28-2019, 11:21 PM
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All semi trucks in the US(or at least the ones I had experience with for the past 10 years) have a configurable shutdown in case of a part failure.If a truck is configured for this(most large fleets with rookie drivers have this) and for example you loose oil pressure, coolant leak, etc you get a notice on the dashboard and 15 seconds later the truck shuts down. This is sketchy as hell when you are hauling close to 80k lbs and you loose power steering because the engine shuts down. I rather seize or overheat an engine than have it shut down on me in the middle of a highway and no one lets you over to the shoulder or safety in time. It would be nice if one could program it in a way that it only shuts down while idling but not when you are driving at highway speeds.

Last edited by s140s; 02-28-2019 at 11:23 PM.
Old 03-01-2019, 02:08 PM
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I want to look further into what component repair/replacement can be done while transmission fluid/filter is being changed. I'm sure it involves the conductor plate (valve body) R&R, but might be a bit more cost effective to include with the pan coming off anyway. I think I remember reading where a dealer repair had been done (not transmission replacement). Apologies if it's been stated, more research needed on my part.
Old 03-01-2019, 03:48 PM
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1922 Ford Model T / no OBD
Originally Posted by s140s
All semi trucks in the US(or at least the ones I had experience with for the past 10 years) have a configurable shutdown in case of a part failure.If a truck is configured for this(most large fleets with rookie drivers have this) and for example you loose oil pressure, coolant leak, etc you get a notice on the dashboard and 15 seconds later the truck shuts down. This is sketchy as hell when you are hauling close to 80k lbs and you loose power steering because the engine shuts down. I rather seize or overheat an engine than have it shut down on me in the middle of a highway and no one lets you over to the shoulder or safety in time. It would be nice if one could program it in a way that it only shuts down while idling but not when you are driving at highway speeds.
The 1972 Detroit I had in bus conversion had no delay.
Once it overheated, the buzzer would come on and engine got killed. Brakes been pneumatic, where tank had supply good for few uses, but turning 16 tons beast without PS was really building your biceps.
I eventually disconnect the kill switch as summer driving in CA traffic was putting me on the edge quite often.

Last edited by kajtek1; 03-01-2019 at 03:50 PM.
Old 03-02-2019, 05:28 AM
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Originally Posted by s140s
All semi trucks in the US(or at least the ones I had experience with for the past 10 years) have a configurable shutdown in case of a part failure.If a truck is configured for this(most large fleets with rookie drivers have this) and for example you loose oil pressure, coolant leak, etc you get a notice on the dashboard and 15 seconds later the truck shuts down. This is sketchy as hell when you are hauling close to 80k lbs and you loose power steering because the engine shuts down. I rather seize or overheat an engine than have it shut down on me in the middle of a highway and no one lets you over to the shoulder or safety in time. It would be nice if one could program it in a way that it only shuts down while idling but not when you are driving at highway speeds.
I would really like to know what happened to common sense with out fits like the DOT, that should not even be legal. As well as the stupid bright head and tail lights on some new vehicles.
Yeah really dumb to save an engine or what ever component, from damage due to oil loss or what ever, just to have it destroyed in a horrible accident as well as the lives lost , huge safety issue especially on a huge truck.
Old 03-02-2019, 05:33 AM
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Originally Posted by kajtek1
The 1972 Detroit I had in bus conversion had no delay.
Once it overheated, the buzzer would come on and engine got killed. Brakes been pneumatic, where tank had supply good for few uses, but turning 16 tons beast without PS was really building your biceps.
I eventually disconnect the kill switch as summer driving in CA traffic was putting me on the edge quite often.
Yeah more unbelievable idiocy. I can see that on say a pump or genset type of application but not on a manned vehicle, and like you say there goes your air supply for the brakes. Can you imagine being on a wet slippery road and having all the brakes set up on you? Another case of an illogical attempt to save the engine from over heat damage, and then have it cracked in half in the huge wreck when it goes through a guard rail and over a 400 foot cliff . Such stupidity.
Old 01-22-2020, 07:59 AM
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Any new updates? When can we go in for our repairs? lol
Old 01-22-2020, 03:10 PM
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Originally Posted by Jorgegee89
Any new updates? When can we go in for our repairs? lol
Yes, any updates? My 2010 E350 is currently suffering from this issue... over $1K repair cost. This is ridiculous.
Old 01-22-2020, 10:18 PM
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Lost the case to MBUSA. =(
A California federal judge dismissed one named plaintiff’s state law claim in a proposed class action alleging Mercedes-Benz USA LLC sold vehicles with defective transmissions, ruling that because he got the car in Illinois, he can’t bring his case under Kansas state law.Case No. 5:16-cv-03370-EJD

09-30-2019

TERRY HAMM, et al., Plaintiffs, v. MERCEDES-BENZ USA, LLC, Defendant.
EDWARD J. DAVILA United States District Judge

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFFS' CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT OR SUMMARY ADJUDICATION OF ISSUES

Old 01-22-2020, 10:22 PM
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Originally Posted by LALALAND
Lost the case to MBUSA. =(
A California federal judge dismissed one named plaintiff’s state law claim in a proposed class action alleging Mercedes-Benz USA LLC sold vehicles with defective transmissions, ruling that because he got the car in Illinois, he can’t bring his case under Kansas state law.Case No. 5:16-cv-03370-EJD

09-30-2019

TERRY HAMM, et al., Plaintiffs, v. MERCEDES-BENZ USA, LLC, Defendant.
EDWARD J. DAVILA United States District Judge

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFFS' CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT OR SUMMARY ADJUDICATION OF ISSUES

Makes absolutely no sense. MBUSA is just trying to throw the case out by "playing dirty". The transmission issues have not even been addressed, and MBUSA should offer 722.9 transmission valve body/conductor plate replacement at no cost, since it is their fault in the first place. This also goes on to say that they should also replace intake manifold levers for free, since they produced it with a extremely cheap plastic that melts under heat. I don't understand why MB does this intentionally leaving us to deal with the issues they caused.
Old 01-22-2020, 10:25 PM
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Originally Posted by W212_Eric
Yes, any updates? My 2010 E350 is currently suffering from this issue... over $1K repair cost. This is ridiculous.
I have similar problem where my car is in limp mode sometimes I drive in first or second gear.
Old 01-22-2020, 10:52 PM
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I never really experience limp mode, but today while I was at a stoplight, the car wouldn't move. I was stopped on a red and it turned green and I applied gas but the car didn't move. I tried again and it revved high but still didn't move. I looked at the PRNDL input and it was still in D, but acted as if it was in N. I restarted it with all the cars behind me furiously honking (while my emergency lights were on). I hope Mercedes acknowledges their mistake.


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