— A Mercedes subframe class action lawsuit alleges rust forces owners to pay huge sums of money due to corrosion that begins inside and travels outside, making it difficult for Mercedes dealers to diagnose the rust in a timely fashion.
The 550-page subframe lawsuit was filed by owners who assert it can cost up to $7,000 to replace a corroded Mercedes-Benz subframe.
According to the class action, these vehicles are prone to failures of the subframes due to premature corrosion.
- 2010-2022 Mercedes-Benz C-Class
- 2010-2022 Mercedes-Benz CLS-Class
- 2010-2022 Mercedes-Benz E-Class
- 2010-2022 Mercedes-Benz G-Class
- 2010-2022 Mercedes-Benz GLK-Class
- 2010-2022 Mercedes-Benz SL-Class
- 2010-2022 Mercedes-Benz SLK-Class
- 2010-2022 Mercedes-Benz SLC-Class
Hundreds of thousands of Mercedes vehicles are allegedly prone to subframe rust so severe the Mercedes subframes can fail while driving.
The plaintiffs assert the subframe corrosion is a problem Mercedes has known about for years, yet the automaker has continued to force owners to pay thousands of dollars for subframe replacements, all so those owners can drive safe vehicles.
In addition, the Mercedes class action alleges dealerships tell owners that technicians know about the subframe corrosion and that rust is a common problem with the vehicles.
Mercedes Subframe Class Action Is Allegedly a "Shotgun Pleading"
According to the Mercedes-Benz subframe lawsuit, the plaintiffs were aware Mercedes was offering a subframe extended warranty to customers. But the class action alleges the rear subframe extended warranty fails to warn customers of the real dangers associated with subframe rust.
The Mercedes subframe extended warranty also offers customers reimbursements for past repairs, but the plaintiffs sued by asserting the reimbursements are not good enough.
In a motion to dismiss the Mercedes subframe class action, the automaker argues against all the allegations brought against Mercedes in the lawsuit.
But the primary argument has its focus on the subframe extended warranty.
"The Mercedes subframe extended warranty applies to the replacement of the rear subframe for up to 20 years and unlimited miles. It also provides for reimbursement to owners who previously paid to repair any subframe corrosion." — Mercedes-Benz
Mercedes told the judge all the subframe claims against the automaker in the class action are allegedly covered by repairs Mercedes has already voluntarily offered for free.
Mercedes also contends none of the owners who sued allege their vehicles suffered from subframe rust problems during the 4-year / 50,000-mile warranties, and one plaintiff who filed the class action doesn't allege their vehicle had any problems at all.
In its motion, Mercedes told the judge the class action isn't "ripe" to be heard because Mercedes, "has offered all of these plaintiffs and more than one million other affected vehicle owners a comprehensive extended warranty against corrosion affecting the rear subframes of their vehicles."
The automaker also told the judge how none of the plaintiffs have requested repairs or reimbursements under the subframe extended warranty, but instead those vehicle owners chose to file a class action lawsuit for more than $5 million.
In addition, Mercedes argues each named plaintiff drove their vehicle for many years and tens of thousands of miles without any problems.
"Most significantly, because plaintiffs drove their vehicles for many years and tens of thousands of miles, they cannot allege facts showing their vehicles are 'unmerchantable.'" — Mercedes-Benz
Calling the subframe class action "an improper shotgun pleading,” Mercedes-Benz contends the plaintiffs have no facts to support any “nationwide claim.” And none of the plaintiffs allegedly requested repairs within the time and mileage limitations of the original warranties.
According to Mercedes, the subframe extended warranty was created even though testing indicates there are no safety concerns.
In its motion to dismiss the subframe class action lawsuit, Mercedes references how the plaintiffs claim the extended warranty might not prove to be good enough and may not cover all potential costs.
This, according to Mercedes, is nothing more than speculation and speculative claims should be dismissed.
The Mercedes-Benz subframe class action lawsuit was filed in the U.S. District Court for the Northern District of Georgia: Sowa, et al., v. Mercedes-Benz Group AG, et al.
The plaintiffs are represented by Lieff Cabraser Heimann & Bernstein, LLP, and Corpus Law Patel, LLC, DiCello Levitt, Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP, Freed Kanner London & Millen, Tadler Law LLP, Councill, Gunnemann & Chally, LLC, Spector Roseman & Kodroff, P.C., Frederick Law Group, PLLC, and Shub & Johns LLC.
