— A Mercedes-Benz class action lawsuit has been dismissed after a vehicle owner claimed Mercedes and the dealer failed to provide a loaner vehicle during the recall.
The lawsuit also alleges the Mercedes brake booster recall should have covered the cost of renting a replacement vehicle between the issuance of the “stop-drive” notice and the certification his vehicle was safe to drive.
So the class action lawsuit wasn't filed about the brake booster itself, but instead the plaintiff complains Mercedes-Benz failed to provide "timely and accurate information regarding alternative transportation options and failure to provide rental reimbursement when requested."
Federal safety regulators approved and monitored the brake booster recall, but 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."
The Mercedes-Benz brake booster recall was announced in May 2022 for nearly 300,000 vehicles. The brake booster could corrode from moisture and cause braking problems. Customers were warned to stop driving their vehicles until Mercedes dealers removed the rubber sleeves to inspect the brake boosters.
According to Washington plaintiff Seyyed Javad Maadanian, who owns a 2011 Mercedes-Benz ML 350, Mercedes failed to provide alternative transportation options and failed to provide rental reimbursement when requested.
The judge learned how Mercedes issued a press release on May 12, 2022, advising consumers to stop driving their vehicles and offering complimentary towing to a dealership to remove the rubber brake booster sleeve and inspect the brake booster housing.
The press release also said Mercedes offered assistance with alternative transportation if repairs were needed and could not be carried out immediately.
Mercedes also sent more detailed recall notices to customers in June 2022 that repeated the press release information about everything free offered by Mercedes during the brake booster recall. And the recall notice told customers if dealerships were “unable to address your concerns please contact us at 1-889-548-8514. We are always happy to hear from you.”
However, the plaintiff complains Mercedes was deceptive and unfair because the automaker supposedly withheld information from the public regarding alternate transportation and reimbursement for rental vehicle expenses.
Mercedes Brake Booster Recall Lawsuit Dismissed
Judge Robert S. Lasnik found the plaintiff does not allege any inconsistency between Mercedes’s statements to its dealerships and its instructions to customers. The judge says the brake booster recall procedures and policies were developed over time and adjusted to match.
"While this situation undoubtedly led to ambiguity and uncertainty regarding the timing of repairs, mobility alternatives, and reimbursement, to the extent plaintiff is arguing that MBUSA should have had a fully-developed recall program in place before issuing the stop-drive notice the argument is rejected." — Judge Lasnik
The judge understands a vehicle recall takes time and a "rule that would compel manufacturers to delay notice of a defect until a remedy and its administration had been finally determined would not promote the public interest."
According to the judge:
"MBUSA’s conduct is not remotely unethical, immoral, or illegal. Any confusion or hesitancy that a hypothetical consumer might feel after reading the disclosures is not a substantial injury, especially in light of the opportunities consumers had to seek clarification."
The Mercedes class action was dismissed as the judge found there were no communications from the automaker that were unfair or misleading.
The Mercedes brake booster recall 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.