— A class action lawsuit will move forward in court after a vehicle owner claimed Mercedes brake booster recall compensation never happened.
In May 2022, a Mercedes-Benz brake booster recall was announced for nearly 300,000 of these vehicles in the U.S.
- 2009 Mercedes-Benz GL320BTC
- 2007-2008 Mercedes-Benz GL320CDI
- 2010-2012 Mercedes-Benz GL350BTC
- 2007-2012 Mercedes-Benz GL450
- 2008-2012 Mercedes-Benz GL550
- 2009 Mercedes-Benz ML320BTC
- 2007-2008 Mercedes-Benz ML320CDI
- 2006-2011 Mercedes-Benz ML350
- 2010-2011 Mercedes-Benz ML350BTC
- 2010-2011 Mercedes-Benz ML450H
- 2006-2007 Mercedes-Benz ML500
- 2008-2011 Mercedes-Benz ML550
- 2007-2011 Mercedes-Benz AMG ML63
- 2009 Mercedes-Benz R320BTC
- 2007-2008 Mercedes-Benz R320CDI
- 2006-2012 Mercedes-Benz R350
- 2010-2012 Mercedes-Benz R350BTC
- 2006-2007 Mercedes-Benz R500
- 2008 Mercedes-Benz R550
- 2007 Mercedes-Benz AMG R63
At the time, Mercedes told owners not to drive their vehicles until the brake boosters were inspected. The problem was caused by moisture that could cause corrosion on the brake booster housing unit. The moisture gathered under the brake booster rubber sleeve installed around the brake booster housing.
Mercedes said it knew of no crashes or injuries, but owners should keep the vehicles parked until dealers removed the rubber sleeves to inspect the brake boosters.
According to brake booster recall documents:
"An authorized Mercedes-Benz dealer will remove the rubber sleeve from the brake booster housing, check the brake booster on the affected vehicles and, depending on the result of this inspection, replace as necessary. Affected customers will be mailed a recall owner notification letter and instructed to stop driving their vehicles until the inspection process is completed. In the event a repair is necessary and cannot be carried out immediately, an authorized Mercedes-Benz dealer will help coordinate an individual solution for the customer, including alternate mobility." — Mercedes-Benz
Mercedes also said it would pay all towing charges related to the brake booster recall and would reimburse customers who paid for previous brake booster repairs.
In addition, Mercedes offered free loaner vehicles if available, but if not available, "other solutions will be offered such as taxi/rideshare, public transportation cost reimbursement, and rental reimbursement."
The automaker also said a tow may not be necessary if the Mercedes owner was in an area where a mobile inspection could be performed.
Mercedes-Benz Brake Booster Lawsuit — The Plaintiff
Washington plaintiff Seyyed Javad Maadanian owns a 2011 Mercedes-Benz ML 350 which was recalled for the brake booster problems. The class action says the plaintiff stopped driving the vehicle as instructed and contacted his local Mercedes dealership.
The plaintiff says he requested a tow to the dealership and requested a loaner vehicle. If that wasn't possible, he requested compensation for towing and a rental vehicle. He asserts he was denied.
The Mercedes brake booster recall was announced in May 2022, and in late July or early August 2022, the plaintiff was told he would be reimbursed $800 by Mercedes-Benz as compensation for out-of-pocket expenses.
According to the lawsuit, the compensation would cover only a fraction of the plaintiff's expenses related to the brake booster recall, and there "is no indication that the offered compensation...was actually paid."
Although the National Highway Traffic Safety Administration approved and monitored the brake booster recall, the class action alleges Mercedes-Benz "unfairly forced consumers to bear the burden and costs of repair or replacement through a defective and insufficient recall program."
Mercedes Brake Booster Recall Compensation Lawsuit Continues
According to the class action lawsuit, Mercedes “unlawfully transferred the costs of repair or replacement” to the plaintiff and all customers of the recalled vehicles.
Judge Robert S. Lasnik says any "unfair act or practice that violates the public interest" can form the basis for a consumer protection claim, "even if it is not deceptive."
Accordingly, the judge ruled the lawsuit "may proceed as to the allegation that defendants unfairly transferred repair and replacement costs to consumers."
The Mercedes-Benz brake booster recall compensation lawsuit was filed in the U.S. District Court for the Western District of Washington at Seattle: Seyyed Javad Maadanian v. Mercedes-Benz USA, LLC.
The plaintiff is represented by Emery | Reddy, PLLC.
