1. Is there a problem with emissions cheating on Mercedes BlueTEC diesels?
According to Plaintiffs, “Mercedes’ advertisements, promotional campaigns, and public statements represented that the Polluting Vehicles had high fuel economy, low emissions, reduced NOx by 90%, had lower emissions than comparable diesel vehicles, and had lower emissions than other comparable vehicles.” (Fourth Amended Complaint (“FAC”) ¶ 323).
However, Mercedes, with help of Bosch, installed an electronic control unit in the Polluting Vehicles known as the EDC17. (FAC ¶ 358). The EDC17 allegedly functions as a defeat device, meaning it turned off or limited emissions reductions during real-world driving conditions. (FAC ¶ 16-17, 21). This defeat device was “only discoverable when conducting over-the-road testing that is not part of the certification protocol.” (FAC ¶ 252).
The Polluting Vehicles also allegedly failed to perform up to their touted environmental standards in other situations, such as when ambient temperatures drop below 50°F/10°C—a defect Mercedes has acknowledged. (FAC ¶ 135).
2. What are the legal claims against Mercedes for alleged BlueTEC emissions cheating?
Plaintiffs contend that Mercedes never disclosed the existence of the defeat device, nor the fact that the BlueTEC engines emit emissions substantially higher than those of gasoline vehicles, and thus, “defrauded its customers by omission, and engaged in fraud and unfair and deceptive conduct under federal and state law.” (FAC ¶ 19, 313).
Had Plaintiffs known of the emissions issues associated with the Polluting Vehicles, they would not have purchased those vehicles, or they would have paid substantially less for them. (FAC ¶ 317).
As to Bosch, the FAC sets forth that Mercedes and Bosch entered into a scheme to evade U.S. emissions requirements and to deceive “the public into believing the Polluting Vehicles were ‘clean diesels,” in order to “bolster revenue, augment profits and increase Mercedes’ share of the diesel vehicle market.” (FAC ¶17, 356).
3. What did the court decide?
On February 1, 2019, a federal court rejected an attempt by Mercedes Benz USA LLC, Daimler AG, and Robert Bosch LLC to dismiss a class action arising from alleged emissions cheating on BlueTEC diesel vehicles.
4. Should I pursue my own case or wait for the class action to settle?
It is not clear if or when the Mercedes BlueTEC diesel emissions class action might settle. If you purchased a Mercedes BlueTEC diesel vehicle, you may wish to consult a lawyer regarding your rights.
Not all states will permit you to wait until the class action settles to file your own individual claim if you don’t like the result of the class action.
5. What should I do if I want to consult a lawyer regarding my Mercedes BlueTEC diesel emissions claim?
If you would like to consult a lawyer at Webster Book LLP, you may fill out the form below or call us at 844-847-3167 to set up an appointment to speak to us.