M-Class (W164) Produced 2006-2011: ML280CDI, ML320CDI, ML420CDI, ML350, ML500, ML550

09 ML320 Class Action Settlement

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Old Mar 24, 2021 | 09:11 PM
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'93 300ce's Avatar
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09 ML320 Class Action Settlement

I'm posting a link to Mercedes Diesel Emissions law suit settlement with the EPA and CARB: https://www.mbbluetecsettlement.com/
Can anyone tell me what are the advantages to be included within the Class vs opting out.? Is it just the potential a higher payout? What are the long term benefits with having the Approved Emissions Modification (AEM ) completed. My 09 ML320 is in Group 5, no approval for this group as yet. https://www.epa.gov/enforcement/daim...ettlement-faqs

Thanks in advance for your response.

Last edited by '93 300ce; Mar 24, 2021 at 09:14 PM.
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Old Mar 28, 2021 | 06:12 AM
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If you opt out of the class you'll need to retain your own attorneys and sue Daimler, MBUSA, and Bosch. I'm not sure why you'd want to opt out. Long term benefits of the AEM are MB is extending the warranty on all the components they replace -- but unsure of how long. I'm on the fence about having the AEM done to mine.
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Old Mar 29, 2021 | 02:25 PM
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Originally Posted by BenjaminKyle
If you opt out of the class you'll need to retain your own attorneys and sue Daimler, MBUSA, and Bosch. I'm not sure why you'd want to opt out. Long term benefits of the AEM are MB is extending the warranty on all the components they replace -- but unsure of how long. I'm on the fence about having the AEM done to mine.
Are you sure that participating in a Class Action Suit does anything more, than just going to a Service Department and getting the recall?

Other than the "Hope" that your "Settlement" will be more than $132?
It also puts you on the mailing lists of other Ambulance Chasers "hoping" to get participants for their next "Suit."
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Old Mar 29, 2021 | 02:34 PM
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It would likely be considered contempt if a class member had the AEM installed and didn't receive the payment as ordered by the Court.
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Old Mar 29, 2021 | 03:11 PM
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Originally Posted by BenjaminKyle
It would likely be considered contempt if a class member had the AEM installed and didn't receive the payment as ordered by the Court.
On the other hand, if it's a bona fide recall, M-B must perform the recall.
The class action has not been fully vetted or ruled upon, so waiting for a Judge to rule upon every single class action suit filed by the ambulance chasers would delay compliance, put M-B in violation of Clean Air Act, and harm the planet (as if it was already harmed).
How many class action suits are there? 12? How many have merit? Read the filings to see if any make sense.
"Awaiting Judge...."
I went through this with my Cayenne diesel.
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