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Mercedes Fails to Cover Parts Under CA Emissions Warranty Class Action

Car makers are required under the California Code of Regulations (CCR) to provide a seven-year, 70,000 mile warranty for “high-priced,” “warranted parts.” This requires that they identify to the California Air Resources Board (CARB) the parts that are “high-priced” and “warranted parts.” However, the complaint for this class action alleges that Mercedes Benz USA, LLC (MBUSA) has not accurately and comprehensively identified all parts of its vehicles that should be so classified.

The class for this action is all persons in California who, between January 17, 2016 and January 17, 2020, were owners or lessees of MBUSA vehicles and who have paid for repairs and parts that should have been covered under MBUSA’s “high-priced warranted parts” seven-year, 70,000 mile California emissions warranty.

The CCR defines “warranted part” as “any part installed on a motor vehicle or motor vehicle engine by the vehicle or engine manufacturer, or installed in a warranty repair, which affects any regulated emission from a motor vehicle or engine which is a subject to California emissions standards.” The CCR also contains a formula for identifying “high-priced” parts. 

The complaint alleges, “MBUSA classifies some of the ‘high-priced’ warranted parts as being parts covered under the 7-year 70,000 mile California Emissions Warranty, but not all of the high-priced warranty parts that should be covered…” The result is that consumers have had to pay out of pocket for the repairs of some parts that MBUSA should be paying for. 

In 2018, California plaintiff Cory Hazdovac bought a used 2015 Mercedes C300. At the time, the vehicle still carried three warranties: the factory warranty, the federal emissions warranty, and the California Emissions Warranty.

In June 2019, Hazdovac took the vehicle in to an authorized MBUSA repair facility, because the car became very hot. The facility said the vehicle had a faulty coolant thermostat. The cost of the repair was over a thousand dollars and Hazdovac had to pay this himself.

Two weeks later, Hazdovac had to take his car in again, because the Check Engine light was lit. The facility diagnosed the vehicle as having a non-functioning turbo charger. Hazdovac had to pay a $100 deductible to have the vehicle repaired under his service contract, rather than under the warranty.

On July 19, less than a month later, the Check Engine light again came on. The facility found a fault in the coolant pump. Again, Hazdovac had to pay for the repair with a $100 deductible instead of getting it done under warranty.

According to the complaint, all three repairs should have been done under warranty, because under the CCR, “the vacuum pump, the coolant pump, and the coolant thermostat should have been identified as high-priced emissions warranted parts.” Hazdovac allegedly requested an explanation from MBUSA as to why these parts were not listed but has not received an explanation.

The complaint alleges violation of the California Unfair Competition Law and its Consumers Legal Remedies Act.

Article Type: Lawsuit
Topic: Automobile

Most Recent Case Event

Mercedes Fails to Cover Parts Under CA Emissions Warranty Complaint

January 17, 2020

Car makers are required under the California Code of Regulations (CCR) to provide a seven-year, 70,000 mile warranty for “high-priced,” “warranted parts.” This requires that they identify to the California Air Resources Board (CARB) the parts that are “high-priced” and “warranted parts.” However, the complaint for this class action alleges that Mercedes Benz USA, LLC (MBUSA) has not accurately and comprehensively identified all parts of its vehicles that should be so classified.

Mercedes Fails to Cover Parts Under CA Emissions Warranty Complaint

Case Event History

Mercedes Fails to Cover Parts Under CA Emissions Warranty Complaint

January 17, 2020

Car makers are required under the California Code of Regulations (CCR) to provide a seven-year, 70,000 mile warranty for “high-priced,” “warranted parts.” This requires that they identify to the California Air Resources Board (CARB) the parts that are “high-priced” and “warranted parts.” However, the complaint for this class action alleges that Mercedes Benz USA, LLC (MBUSA) has not accurately and comprehensively identified all parts of its vehicles that should be so classified.

Mercedes Fails to Cover Parts Under CA Emissions Warranty Complaint
Tags: Defective Automobile, Emissions, Warranty