Mercedes Repairs to PZEVs Under California Emissions Warranty Class Action

Mercedes Benz USA, LLC (MBUSA) has received credits from California for its distribution of Partial Zero Emissions Vehicles (PZEV). In exchange, MBUSA is supposed to extend its California Emissions Warranties on the vehicles. However, the complaint for this class action alleges that the company does not pay for all the parts and labor costs that should be covered under these warranties.

The class for this action is all persons in California who, between June 18, 2017 and June 18, 2021, have paid for diagnosis, labor, and parts on 2009-2017 MBUSA PZEVs for repairs that should have been covered under the California Emissions Warranty for fifteen years or 150,000 miles. A subclass has also been defined for those who have paid for diagnosis, labor, and parts for defective fuel delivery modules, defection suction jut pumps, defective fuel filter units, defective coolant thermostats, and defective intake manifolds for those vehicles that should have been covered under the warranty.

In connection with its distribution of PZEVs in California, the state of California has given MBUSA Zero Emissions Vehicle = credits. In exchange, the complaint says, MBUSA must extend its California Emissions Warranties on all 2009-2017 MBUSA PZEVs to fifteen years or 150,000 miles.

This warranty is meant to cover defects in materials or workmanship (1) that would make the on-board diagnostic malfunction indicator light come on, (2) that would increase the vehicle’s emissions, and (3) that would result prevent the vehicle from passing the state’s smog check.

The plaintiff in this case, Joey Schimmel, bought a used 2010 Mercedes E 350 which the complaint says still had an Emissions Warranty in place.

In December 2017, Schimmel took the vehicle into Silver Star AD, Ltd., saying that there was a strong gasoline smell while he was filling up the tank. Silver Star found that the vehicle had a fine leak in the evaporative emissions control systems, but told Schimmel it was not covered under the warranty. Schimmel declined to pay for it, and Silver Star charged him $79.96 for making the diagnosis.

In February 2018, Schimmel brought the vehicle back to Silver Star for the same problem. Silver Star replaced the fuel delivery module, suction jet pump, and fuel filter unit. Schimmel paid for the repair.

In December 2020, Schimmel brought the vehicle because the check engine light was on and it “felt like it was running rough. Silver Star found that the coolant thermostat was failing … [and] that the intake manifold tumble flaps were broken…” It told Schimmel he would have to pay for the repairs. Schimmel declined, and Silver Star charged him $195 for the diagnosis.

The complaint alleges that MBUSA should have paid for all of these diagnoses and repairs under the Emissions Warranty coverage.

Eventually, MBUSA said it would pay for coolant repairs and reimburse Schimmel for the replacement of the fuel filter unit, “as a goodwill gesture.” It did not offer to return the diagnostic fees, and he has not yet received the reimbursement.

Article Type: Lawsuit
Topic: Automobile
Tags: Emissions, Failure to Honor Terms of Warranty, Unfair Business Practices, Warranty