— Mercedes-Benz air conditioner problems are being heard in a Georgia court as a lawsuit alleges the systems emit mold and mildew smells that chase occupants out of the vehicles.
According to the lawsuit, the odors are there the moment the air conditioners are turned on and are made worse by humid weather. The plaintiffs claim the air conditioners fail to remove condensation which makes the perfect environment for the growth of bacteria and mold.
While trying to cope with the smells, the plaintiffs say the air conditioner problems cause health problems, especially to the respiratory systems of occupants.
Named in the air conditioning lawsuit are the following vehicles:
- 2004-2012 Mercedes-Benz A-Class
- 2001-2017 Mercedes-Benz C-Class
- 2000-2014 Mercedes-Benz CL-Class
- 2013-2017 Mercedes-Benz CLA-Class
- 2003-2009 Mercedes-Benz CLK-Class
- 2004-2017 Mercedes-Benz CLS-Class
- 2003-2016 Mercedes-Benz E-Class
- 2007-2017 Mercedes-Benz GL-Class
- 2010-2016 Mercedes-Benz GLK-Class
- 2006-2016 Mercedes-Benz M-Class
- 2017 Mercedes-Benz GLE-Class
- 2006-2015 Mercedes-Benz R-Class
- 1999-2017 Mercedes-Benz S-Class
- 2003-2012 Mercedes-Benz SL-Class
- 2004-2016 Mercedes-Benz SLK-Class
- 2002-2013 Maybach 57 and 62
The lawsuit alleges the automaker tells dealers to replace cabin air filters and flush the air conditioning systems, but the plaintiffs claim the odors continue to make occupants sick. Additionally, Mercedes dealers allegedly refuse to pay for repairs even though the vehicles are still covered by warranties.
A big argument made by the plaintiffs concerns technical service bulletins (TSBs) Mercedes sent to dealers about how to handle situations when customers complained about air conditioner problems.
Bulletins about moldy odors were allegedly sent in 2007, 2009, 2011 and 2016 and it's these bulletins that allegedly prove the automaker has known about the odors since at least 2007.
The plaintiffs also argue Mercedes should be held accountable because owners will continue to suffer future problems and expenses.
Mercedes-Benz filed a motion to dismiss the air conditioning lawsuit and did convince the federal judge to toss claims concerning express warranties. However, the lawsuit will continue based on implied warranty claims, allegations of fraud by concealment, unjust enrichment claims and alleged Mercedes violations of fair business practices.
Mercedes told the judge the wording of the lawsuit makes it clear the plaintiffs claim design defects cause the air conditioning problems, and the judge agreed by ruling the warranty doesn't cover design defects. It was this ruling that laid the foundation for the dismissal of express warranty claims.
Although the plaintiffs claim affected BMW owners could be harmed in the future because of the air conditioning problems, the judge disagreed and ruled in the automaker's favor.
The Mercedes-Benz air conditioning lawsuit was filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division - Sunil Amin and Trushar Patel, et al., v. Mercedes-Benz USA, LLC and Daimler AG.
The plaintiffs are represented by Lieff Cabraser Heimann & Bernstein, LLP, and Corpus Law Patel, LLC.
