Mercedes-Benz Emissions “Cheat Device” – Class Action Investigation

Chimicles & Tikellis is investigating a potential class action lawsuit against automaker Mercedes-Benz arising from its alleged conduct in installing emissions cheating devices in certain of its diesel model automobiles. Reports indicate that certain Mercedes diesel vehicles with BlueTEC engines contain a “cheat” or “defeat” device that allows the vehicles to pass emissions tests and inspections when those vehicles would otherwise fail. The cheat device produces passing inspection results despite the fact that the affected vehicles’ emissions levels are significantly higher than the lawfully permitted levels. Touted as “clean” diesel vehicles, affected vehicles allegedly fool emissions testing and inspections because the mechanism by which vehicles remove pollutants only engages in environments where the ambient temperature is 50 degrees Fahrenheit or higher – conditions that are typically present in emissions testing environments. The result is that these vehicles become “dirty” diesel vehicles when temperatures fall below 50 degrees.

Affected vehicles may include the following models:

  • ML 320
  • ML 350
  • GL 320
  • E320
  • S350
  • R320
  • E-Class
  • GL Class
  • ML Class
  • R Class
  • S Class
  • GLK Class

News of Mercedes’ use of a cheat device comes amid a similar scandal involving Volkswagen that was reported in late 2015. Similar to that case, Mercedes allegedly did not disclose to regulatory authorities or consumers that its cars are rigged to cheat emissions testing. As a result, purchasers and lessees of affected Mercedes vehicles pay far more money for supposedly “clean” diesel vehicles than those “dirty” diesel vehicles are actually worth. Furthermore, any fix that would be proposed by Mercedes could reduce the performance of the affected vehicle, thereby lowering its value.

C&T is investigating whether this alleged conduct violated state warranty and consumer protection laws. If you have purchased or leased any of the above models of Mercedes-Benz vehicles, please contact us using the link on this page.

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