Amin et al. v. Mercedes-Benz USA, LLC et al.
Mercedes HVAC Settlement
Case No. 1:17-cv-01701-AT

Welcome to the Mercedes HVAC Settlement Website

A Settlement has been reached with Daimler AG and Mercedes-Benz USA, LLC in a class action lawsuit.  Plaintiffs allege in the lawsuit that the HVAC systems in certain Mercedes-Benz vehicles are defectively designed such that they accumulate mold or mildew and emit related odors. Defendants Daimler AG and Mercedes-Benz USA, LLC deny the allegations in the lawsuit and deny they acted improperly or did anything wrong. Both sides have agreed to the proposed Settlement to avoid the costs and risks of a lengthy trial and appeals process.

 

  • The Settlement provides two benefits to Class Members: (1) cash reimbursement for costs paid for repairs related to a customer complaint of moldy, mildew-y, or similar odor emanating from the vehicle’s HVAC system including cleaning the evaporator and replacing the filter, and (2) coverage for those repairs in the future.  The percentage of reimbursement or coverage is on a sliding scale based on the age of the vehicle.
     
  • For repairs that occurred before [Month Day], 2020, your Claim Form for reimbursement must be submitted online or postmarked no later than [Month Day], 2020.  For repairs that occur between [Month Day], 2020 and [Month day (Date of Preliminary Approval +270 days)], 2020, your claim form must be submitted within 75 days of the repair.
     
  • The deadline to object to the Settlement is [Month Day], 2020, and the deadline to exclude yourself from the Settlement is [Month Day], 2020.

Am I a Class Member?

You are a Class Member if you are a current or former owner or lessee of one of the following Mercedes-Benz vehicles who purchased or leased your vehicle in the United States:

  • C - Class (model years 2008-2019);
  • GLK - Class (model years 2010-2015);
  • CLS  - Class (model years 2012-2017);
  • E - Class (model years 2010-2019);
  • GLA - Class (model years 2015-2019);
  • GL - Class (model years 2013-2016);
  • GLE - Class (model years 2016-2019);
  • GLS - Class (model years 2017-2019);
  • M - Class (model years 2012-2015); or
  • GLC - Class (model years 2016-2019).

 

Protecting Your Personal Information

Your identity and all information you provide in making your claim will be kept strictly confidential in accordance with the Settlement Agreement.  All personal information acquired as a result of this settlement will solely be used for the purposes of evaluating and paying claims under the Settlement Agreement.  Once all timely, valid claims have been paid, and in compliance with applicable retention law, all personal information obtained in connection with this settlement will be destroyed in a manner most likely to guarantee that such information will not be obtained by unauthorized persons.

Settlement Benefits

The Settlement provides two benefits to Class Members: (1) cash reimbursement for costs paid for certain past repairs of the HVAC system, and (2) coverage for those repairs in the future. The percentage of reimbursement or coverage is on a sliding scale based on the age of the vehicle, as follows:

 

Vehicle Age Time Period Reimbursement/ Coverage Amount
Warranty Coverage Period (the earlier of 4 years from in-service date or 50,000 miles, under standard warranty) 100%
From end of Warranty Coverage Period to the earlier of 8 years from in-service date or 100,000 miles 70%
From end of prior Period to the earlier of 10 years from in-service date or 125,000 miles 50%

 

A past repair is a repair that occurs before [Month day (Date of Preliminary Approval+270 days)], 2020 related to a customer complaint of moldy, mildew-y, or similar odor emanating from the Subject Vehicle’s HVAC system, including cleaning the evaporator (flushing, Wynn, Contra-Sept, and any other cleaning methods or services) and replacing the filter. Evaporator replacement is included as a past repair only if the replacement was done at an Authorized Service Center.

A future repair is any repair to clean the vehicle’s evaporator and/or replace the filter that is performed at an Authorized Service Center on or after the [Month Day (Date of Preliminary Approval+270 days)], 2020. You do not need to bring your vehicle in for a future repair until and unless you experience moldy, mildew-y odors emanating from the HVAC system. Only current owners and lessees are eligible for future repairs.

Your Legal Rights and Options in the Settlement

Action & Due Date Explanation
MAKE A CLAIM FOR CASH REIMBURSEMENT

If the repair occurred prior to [Month Day], 2020: [Month Day], 2020 (Postmarked or Submitted Online)

If the repair occurs between [Month Day], 2020 and [Month Day (Date of Preliminary Approval+270 days)], 2020: Within 75 days of the repair (Postmarked or Submitted Online)
For past repairs that occurred before [Month Day], 2020, your Claim Form for reimbursement must be submitted online or postmarked no later than [Month Day], 2020. For repairs that occur between [Month Day], 2020 and [Month Day (Date of Preliminary Approval+270 days)], your Claim Form must be submitted within 75 days of the repair.

For more information about submitting a claim, see FAQ No. 13

Class Members who submit a claim give up their rights to sue the Defendants about the claims in this Litigation.
EXCLUDE YOURSELF
(Opt Out)
[DATE] (Postmarked)
If you are a Class Member and exclude yourself, you will not be included in the Settlement. You will receive no Settlement benefits and you will keep any rights you currently have to sue the Defendants about the claims in this case. See FAQ No. 33.
OBJECT

[DATE] (Filed or Postmarked)
If you are a Class Member who does not exclude yourself and disagrees with the Settlement, you have the option to write to the Court to explain your objection. See FAQ No. 31.
GO TO A HEARING

[DATE] at [TIME]


U.S. District Court, Northern District of Georgia
2388 Richard B. Russell Federal Building and United States Courthouse
75 Ted Turner Drive
SW Atlanta, GA 30303-3309
Class Members also have the option to request to speak in court about the fairness of the Settlement. See FAQ No. 30.
DO NOTHING If you do nothing, you will get no payment for reimbursement of past repairs, but you will still be eligible for coverage of future repairs. You will also give up your rights to sue Defendants about the legal claims in this case.

See FAQ No. 18.

For More Information

Visit this website often to get the most up-to-date information.