Class Action Claims Mercedes Failed to Pay for Emissions-Related Repairs for PZEV Vehicles in California

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Mercedes Benz USA, LLC faces a proposed class action that claims the automaker has unlawfully refused to pay for repairs that should be covered under California’s emissions warranty for partial zero emissions vehicles (PZEV).

The 22-page case claims that Mercedes Benz receives zero emissions vehicle credits from the state of California for the distribution of PZEV vehicles but has failed to honor its obligation under the state’s emissions warranty to cover the costs of all parts and labor relating to the diagnosis and repair of all defective emissions components for PZEV vehicles for a certain period of time. Per the case out of California federal court, consumers are likely unaware that certain emissions-related repairs should have been paid for by Mercedes given the automaker has failed to inform drivers and factory authorized repair facilities of all the parts that should be covered under the state’s emissions warranty.

“As a result of MBUSA’s conduct, Plaintiff and Class members have paid and are continuing to pay out of pocket for repairs that should be covered under the California Emissions Warranty,” the lawsuit alleges.

According to the case, California law requires that for all PZEV vehicles, all defects in materials or workmanship that would cause a vehicle’s diagnostic malfunction indicator light to illuminate, would increase emissions, or would result in a vehicle not being able to pass a California smog check are warranted for 15 years or 150,000 miles, whichever comes first. The lawsuit argues, however, that the defendant has “unilaterally defined and wrongfully limited” vehicle parts that should be covered under warranty and instead identifies “only a handful of emissions parts” that the automaker claims are qualified for coverage.

According to the case, Mercedes Benz’s “woefully inadequate and incomplete” list of covered emissions-related vehicle parts was intentionally narrowed in order to limit the automaker’s warranty exposure and cut costs.

“By narrowly self-defining the parts that are required to be covered under the California Emissions Warranty, MBUSA is able to reduce the amount of money that MBUSA spends on warranty-related repairs, knowing that most if not all dealerships or consumers will not investigate or understand what components should actually and correctly be covered under the California Emissions Warranty as required by the California Code of Regulations,” the complaint reads.

The plaintiff, a Ventura County, California resident, says he brought in his 2010 Mercedes E350 for emissions-related repairs at least three times between December 2017 and December 2020 and was forced to pay out of pocket for certain repairs and diagnostic fees that should have been covered under California’s emissions warranty. The plaintiff claims Mercedes Benz violated both the California Unfair Competition Law and Consumers Legal Remedies Act by failing to provide a 15-year 150,000-mile warranty for repairs that should have qualified for coverage.

The lawsuit looks to cover anyone in California who, within the last four years, were owners or lessees of “Class Vehicles”—defined as model year 2009 to 2017 Mercedes Benz partial zero emissions vehicles that qualify for coverage pursuant to the California emissions warranty—and paid for diagnosis, labor and parts relating to repairs that should have been covered under the state’s emissions warranty for 15 years or 150,000 miles.

The plaintiff also proposes a subclass of those who fit the above criteria and paid for diagnosis, labor and parts relating to defective fuel delivery modules, defective suction jet pumps, defective fuel filter units, defective coolant thermostats and defective intake manifolds.

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