Mercedes Battery Drain Class Action Blames Faulty Electrical Systems

Jun 22, 2023

Has your Mercedes hybrid had battery issues? Battery drain problems? Stalling? Failure to start? Other electrical issues? It may be a lemon, and you should pay careful attention to a class action lawsuit and call a lemon lawyer for advice.

Mercedes vehicle owners who may have this major battery problem, which could cover model years 2004-2022 and vehicles with a 12-volt and/or 48-volt battery, need to pay close attention to their rights. The affected vehicles models, according to a new class action, cover a wide range of Mercedes vehicles:

The class action alleges that Mercedes owners suffer from problems with their electrical systems that leave drivers stranded and forced to pay for roadside assistance, mobile battery jump packs, battery diagnostics and repeated battery replacements.

The plaintiffs allege Mercedes creates an unreasonable risk to safety because the 12-volt and 48-volt batteries drain due to the electrical systems ("Battery Drain Defect").

For a free lemon law consultation fill out the form below or call us at 1-855-OPT-OUT1 (1-855-678-6881).

The case alleges Mercedes-Benz hasn't been able to repair the vehicles even after sending dealerships multiple "technical service bulletins." (These bulletins, or "TSBs" are sent only to Mercedes repair facilities and are issued to describe and deal with known issues.)

Allegedly, Mercedes doesn't offer anything but band-aid repairs that are only temporary. Those repairs allegedly cost owners a lot of money and provide no lasting fix, something the automaker knows but conceals. The class action says owners replace the batteries only to have the replacement batteries drain and die as easily as the original batteries. Mercedes-Benz has also allegedly failed to provide adequate repairs for vehicles still covered by warranties and refuses to reimburse customers for expenses.

The battery drain lawsuit asserts the standard 12-volt battery and 48-volt hybrid battery electrical systems are not designed to work reliably under normal conditions. The 12-volt battery drains while parked and the 48-volt battery drains while parked and also can send the vehicle into "limp home mode" while driving — this can shut your vehicle down suddenly to low speeds – even in the middle of the freeway. We have clients that have experienced these dangerous shut downs!

Owners or lessees of these vehicles who live in California should know that California lemon law and federal law may force Mercedes to either "buy the vehicle back" or provide substantial compensation for those experiencing these defects.

Under California's lemon law, qualifying "lemons" must be repurchased, and that can mean a large cash refund and payoff of your loan or lease. Depending on the situation, this refund could be as much as everything you paid for the vehicle and everything you owe: monthly payments, down payments, tax, finance charges, license, registration, etc. You could even qualify for two times your money back. What Mercedes would have to buy it for has nothing to do with how much the vehicle is currently worth.

There is a formula in the law that starts with you getting all your money back and then taking certain deductions and exclusions. Those refunds and exclusions are challenging to understand and can be fought against by knowledgeable consumer attorneys. Watch the mail, watch your email, and contact a consumer lawyer for advice as to your options.

The Mercedes battery drain class action lawsuit was filed on July 1, 2022 in the U.S. District Court for the Northern District of Georgia (Atlanta Division): Jones, et al., v. Mercedes-Benz USA, LLC and Daimler AG, Case No. 1:22-cv-02628-ELR.

The court has set certain deadlines for discovery and dispositive motions, but has not set a specific deadline to amend the Complaint. The court has not yet certified the case to move forward as a class action.

In a class action lawsuit, if the class is certified by the court, the lawyers who bring the class action represent you. If the class is certified, you will receive notice that the court approves the case to proceed as a class action and of your right to opt out of the class by a specific deadline. If they prevail at trial, you receive whatever relief the judge or jury awards. But if they lose, you may not litigate claims over the issues raised in the case.

For free information on your legal right to seek compensation, fill out the form below or call us at 1-855-OPT-OUT1 (1-855-678-6881).

As with most litigation, the vast majority of class action cases settle. If the case settles and the court preliminarily approves the settlement, you will receive a class notice describing your options. Those options will be: (a) do nothing, in which case you may get nothing but be bound by the settlement, (b) submit a claim form if requested and get whatever relief is made available, and the settlement also binds you, or (c) opt-out and pursue your own claims, in which case you are not bound by the settlement but cannot participate in the relief being offered to class members.

For many people, a class action settlement may provide significant benefits and requires little effort to participate. It also comes with no risk, as the claims have been resolved. But for others, particularly where they may have had significant damages, opting out and pursuing individual claims may provide them an opportunity to receive a better recovery in a shorter period, but with no guarantee that they will get anything in a settlement.

With vehicles, what to do can be a complicated decision, as it can depend on many factors. These factors include:

Are you willing to consider the opportunity of getting a more significant recovery as compared to taking what is offered in a settlement? We are available to help you sort through these questions and make an informed decision. For a free lemon law consultation fill out the form below.

Jones, et al., v. Mercedes-Benz USA, LLC and Daimler AG, Case No. 1:22-cv-02628-ELR.

The Mercedes battery drain class action lawsuit was filed on July 1, 2022 in the U.S. District Court for the Northern District of Georgia (Atlanta Division).

The class action lawsuit alleges that certain model vehicles, model years 2004-2022 equipped with 12-volt and/or 48-volt batteries suffer from problems with their electrical systems that leave drivers stranded and forced to pay for roadside assistance, mobile battery jump packs, battery diagnostics and repeated battery replacements.

The plaintiffs allege Mercedes creates an unreasonable risk to safety because the 12-volt and 48-volt batteries drain due to the electrical systems ("Battery Drain Defect").

The lawsuit further alleges that Mercedes-Benz hasn't been able to repair the vehicles even after sending dealerships multiple technical service bulletins. And the plaintiffs claim Mercedes doesn't offer anything but band-aid repairs that are only temporary. Those repairs allegedly cost owners a lot of money for nothing, something the automaker knows but conceals.

The plaintiffs allege owners replace the batteries only to have the replacement batteries drain and die as easily as the original batteries. Mercedes-Benz has also allegedly failed to provide adequate repairs for vehicles still covered by warranties and refuses to reimburse customers for expenses.

The battery drain lawsuit asserts the standard 12-volt battery and 48-volt hybrid battery electrical systems are not designed to work reliably under normal conditions. The 12-volt battery drains while parked and the 48-volt battery drains while parked and also can send the vehicle into limp mode while driving. The plaintiffs claim Mercedes has tried to repair the problems by issuing various technical service bulletins.

The affected vehicles models are as follow ("Class Vehicles"):

For free information on your legal right to seek compensation, fill out the form below or call us at 1-855-OPT-OUT1 (1-855-678-6881).

According to the Complaint, "[a]lthough the exact number of Class Members is uncertain and can only be ascertained through appropriate discovery, upon information and belief, Mercedes sold hundreds of thousands of Class Vehicles nationwide…."

The class action lawsuit alleges that certain model vehicles, model years 2004-2022 equipped with 12-volt and/or 48-volt batteries suffer from problems with their electrical systems that leave drivers stranded and forced to pay for roadside assistance, mobile battery jump packs, battery diagnostics and repeated battery replacements.

The plaintiffs allege Mercedes creates an unreasonable risk to safety because the 12-volt and 48-volt batteries drain due to the electrical systems.

The lawsuit further alleges that Mercedes-Benz hasn't been able to repair the vehicles even after sending dealerships multiple technical service bulletins. And the plaintiffs claim Mercedes doesn't offer anything but band-aid repairs that are only temporary. Those repairs allegedly cost owners a lot of money for nothing, something the automaker knows but conceals.

The plaintiffs allege owners replace the batteries only to have the replacement batteries drain and die as easily as the original batteries. Mercedes-Benz has also allegedly did not provide adequate repairs for vehicles still covered by warranties and refuses to reimburse customers for expenses.

The battery drain lawsuit asserts the standard 12-volt battery and 48-volt hybrid battery electrical systems are not designed to work reliably under normal conditions. The 12-volt battery drains while parked and the 48-volt battery drains while parked and also can send the vehicle into limp mode while driving. The plaintiffs claim Mercedes has tried to repair the problems by issuing various technical service bulletins.

According to the Complaint, Mercedes sold Class Vehicles with a "New Vehicle Limited Warranty" which included, among other warranties, protections against defects:

Mercedes-Benz USA, LLC (MBUSA) warrants to the original and each subsequent owner of a new Mercedes-Benz vehicle that any authorized Mercedes-Benz Dealership will make any repairs or replacements necessary, to correct defects in material or workmanship, but not design, arising during the warranty period. … This warranty is for 48 months or 50,000 miles, whichever occurs first." …Warranty repairs will be made at no charge for parts and labor.

Mercedes New Vehicle Limited Warranty extends coverage to the 48V system battery, as part of the vehicle emission control system:

BATTERY COVERAGE: Mercedes-Benz USA, LLC ("MBUSA") warrants the high voltage battery in your vehicle to the original and each subsequent owner for any repairs or replacements necessary to correct defects in material or workmanship, but not design, relating to the battery which may arise after the expiration of the Vehicle's Warranty.

Based on Plaintiffs’ experiences and reports from other consumers, Mercedes refuses to cover the nonpermanent "fixes" under warranty, and instead requires Class Members pay out of pocket for these nonpermanent "fixes" for the Battery Drain Defect even if Class Members’ vehicle remained under warranty at the time.

Mercedes has issued multiple technical service bulletins for issues related to the 12-volt and 48-volt batteries of its vehicles. At the time Class Vehicles were sold, Mercedes knew of the defects they possessed and offered an Express Warranty with no intention of honoring said warranty with respect to the known defects.

At no time has Mercedes offered a permanent or adequate repair or replacement of the Electrical System that would prevent battery drains and failures. Despite repeated demands by Plaintiffs and Class Members that Mercedes pay the labor costs and incidental expenses associated with permanently repairing or replacing the Electrical System, and with the temporary measures Mercedes has offered instead, Mercedes has refused to do so.

For free information on your legal right to seek compensation, fill out the form below or call us at 1-855-OPT-OUT1 (1-855-678-6881).

The plaintiff alleges in the class action lawsuit that this is evidence that the malfunctions referenced in these bulletins have occurred repeatedly, yet authorized Mercedes repair facilities have performed no meaningful diagnosis or repairs to correct these problems, forcing owners to pay for diagnostics, software updates, and even battery replacements and leaving them without their vehicles for days or weeks.

No.

At this point, the case has not been settled, and the case has not been certified to move forward as a class action. If you want to bring your own claim, you can do so now and opt out when you receive notice. Or the class will be defined as those people who have not filed lawsuits or settled their claims, and you will be automatically opted out of the settlement.

As a settlement has not been reached nor class notice mailed out, there is nothing you need to do at this time. However, if you want to discuss your options with us, please call us at (855) OPT-OUT1 (855-678-6881).

It depends on how the settlement is structured, but generally, if you do not opt-out of the settlement, you will be bound by its terms. You will receive any benefits offered in the settlement automatically or by submitting a claim form. However, you cannot bring any individual claim for damages caused by the defects, except possibly for personal injury claims.

For many people, a class action provides significant benefits without spending money or doing much other than completing a claim form. And because the matter is settled, as long as the court approves the settlement, you will get the relief described in the class notice.

However, other people may decide that the relief offered as part of the class action settlement is inadequate, that they do not want to wait to get relief, or that they think they will get more if they do not participate in the class action settlement.

This depends on a variety of factors, such as how old your car is, whether you can document the defects that occurred in your vehicle, whether you have taken it in for repairs on more than one occasion, do you still own the car, is it still under warranty and where do you live. Depending on the answers to those questions, while there is no guarantee that you will receive any recovery, if you opt out, you may have the opportunity to receive significant relief, including a vehicle repurchase and penalties.

The Plaintiffs allege that the extent of the Battery Drain Defect appears common to all of the identified Class vehicles.

Class Vehicles repeatedly fail to start and leave owner stranded due to the Battery Drain Defect, causing inconvenience, creating an unsafe environment for vehicle occupants, and causing Class Members to spend money to repeatedly repair or temporarily fix the Defect.

The Song-Beverly Warranty Act, California Civil Code §1793.2(d)(1), is a California state law that requires manufacturers to repair defects after a reasonable number of repair attempts. What is "reasonable" is not part of hard and fast rules – safety defects should be fixed immediately, for example. The defects have to be important, and must "substantially impair the vehicle's use, value, OR safety." Civil Code §1793.22(e)(2).

Under Civil Code §1793.2(d)(1), manufacturers must promptly offer repurchase or replacement of the Class Vehicle they cannot fix in a reasonable time frame. In addition, Civil Code §1794(c) and §1793.2(d) provide that customers may have a civil penalty up to two times actual damages if manufacturers acted "willfully" (meaning knowingly but not necessarily with wrongful or malicious intent) in ignoring or failing its obligation under Song-Beverly. Finally, under Civil Code §1794(d), manufacturers must pay the plaintiff's attorney's fees and costs as part of the settlement, as the Song-Beverly Act is a pro-consumer fee-shifting statute.

For a free lemon law consultation fill out the form below or call us at 1-855-OPT-OUT1 (1-855-678-6881).

Under Cal. Civil Code 1795.8, if a person is a member of the Armed Forces, the protections of the Song-Beverly Act may apply, even if you purchased your vehicle outside of California, so long as the manufacturer sells vehicles in California. The Armed Forces member would need to show they were stationed in or a resident of California when they bought the vehicle or filed a claim against the manufacturer.

Current or former owners of these vehicles who live in California should know that California lemon law and federal law may force Mercedes to either "buy the vehicle back" or provide other significant compensation.

Under California's lemon law, qualifying "lemons" must be repurchased, and that can mean a large cash refund and payoff of your loan or lease. Depending on the circumstances, this refund could be as much as everything you paid for the vehicle and everything you owe: monthly payments, down payments, tax, finance charges, license, registration, etc. You could even qualify for two times your money back. What Mercedes would have to buy it for has nothing to do with how much the vehicle is currently worth.

There is a formula in the law that starts with you getting all your money back and then taking certain deductions and exclusions away from your payment. Those refunds and exclusions are challenging to understand and can be fought against by knowledgeable consumer attorneys.

Don't settle for small dollar payments or more possible fixes without speaking to a qualified consumer attorney with your individual best interest in mind. Watch the mail, watch your email, and contact a consumer lawyer for advice when and if the case settles.

There are a lot of factors to consider in deciding whether to opt-out of a class action settlement and pursue individual claims. We are available to help you sort through these questions and make an informed decision as to your options. Fill out the following form, and we will promptly contact you or call us at (855) OPT-OUT1 (855-678-6881).

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By Post Alan Mansfield, Esq.

By Post Alan Mansfield, Esq.

By Post Alan Mansfield, Esq.