Automotive

$700 Million Mercedes Diesel Emissions Class-Action Settlement Details Announced

  • Last Updated:
  • Sep 8th, 2023 6:34 am
[OP]
Sr. Member
Oct 13, 2011
847 posts
690 upvotes

$700 Million Mercedes Diesel Emissions Class-Action Settlement Details Announced

I know this settlement pertains to the US. But I would assume there will be a settlement coming to Canada.

If diesel is your thing, consider what the US owners got, with some savvy negotiation, may be now is the time to get a Bluetec in Canada.
Recently, the lawsuit culminated in a $700 million settlement for U.S. Mercedes owners in which current owners and lessees can get $3,290 or more, and former owners and lessees can get $822.50.
https://www.businesswire.com/news/home/ ... -Announced
Affected BlueTEC vehicles include:
  • E250 BlueTEC 2014-2016
  • ML250 BlueTEC 2015
  • Mercedes-Benz or Freightliner Sprinter (4-cylinder) 2014-2016
  • E350 BlueTEC 2011-2013
  • ML320 BlueTEC 2009
  • Mercedes-Benz or Freightliner Sprinter (6-cylinder) 2010-2016
  • GL320 BlueTEC 2009
  • ML350 BlueTEC 2010-2014
  • GL350 BlueTEC 2010-2016
  • R320 BlueTEC 2009
  • GLE300d 2016
  • R350 BlueTEC 2010-2012
  • GLE350d 2016
  • S350 BlueTEC 2012-2013
  • GLK250 BlueTEC 2013-2015
44 replies
Sr. Member
May 13, 2012
731 posts
332 upvotes
Toronto
yay hopefullly i get a piece of that
Sr. Member
Jun 13, 2006
617 posts
49 upvotes
Vaughan
I just received an email stating that the class action was settled and current and former owners are entitled to a cash payment but they need to install a Field Measure by the dealer (free of charge).

If you currently own or lease a model year 2009-2016 Mercedes-Benz BlueTEC II diesel vehicle (see the table below showing the “Eligible Vehicles”i) in Canada, you may be eligible for a cash payment of $2,925 ($2,632 after the CPF levy) if you get a Field Measure installed in your vehicle (free of charge to you); or $2,090 ($1,881 after the CPF levy) (once the Field Measure is installed) if a former owner or lessee submits a Valid Claim for the same vehicle. You may also be eligible for additional payments, depending on the vehicle you own or lease.

Former owners and lessees of Eligible Vehicles in Canada may be entitled to up to $835 ($751 after the CPF levy). Please visit www.BlueTECSettlement.ca for more details.


https://www.bluetecsettlement.ca/
Sr. Member
User avatar
Feb 16, 2016
918 posts
459 upvotes
Casselman, Ontario
It seems the MB bluetec lawsuit has arrived in Canada. It arrived a couple of years ago in the US and now it seems to be our turn.

As an owner of a 2013 ML350 bluetec (diesel), I received an email informing me of the upcoming lawsuit. This is the website:

https://www.bluetecsettlement.ca/

Compensation seems to be between 2-3k if you go ahead with the AEM (Approved Emission Modification). If you don't want to go with it (*cough* if you have a delete on your diesel *cough*), you'll get between 600$-1700$.

Regarding which parts will be covered and how many years/km by the EMW (Extended Modification Warranty), it is still unknown (I haven't seen it on the website). My guess is that it will be similar to the US (regarding the warranty for parts). I have attached a copy from the US (to get a possible idea/scenario only since it might be different here in Canada).

Edit: I found information from the website regarding the warranty length and parts. Copy pasted from the website:

Extended Warranty Period. The Extended Modification Warran ty shall be the greater of: (i) 10 years from date of initial sale or 120,000 miles (193,000 kilometers) on the odometer, whichever comes first; or (ii) 4 years or 48,000 miles (77,250 kilometers) from the date of installation of the Field Measure, whichever comes first.

The following parts will be covered as well:

The Extended Modification Warranty shall cover the cost of all parts and labour needed to repair the items listed below:
• Catalysts 100 23
o Diesel Oxidation Catalyst
o Diesel Particulate Filter Assembly
o Selective Catalytic Reduction (SCR) Catalyst
• Diesel Exhaust Fluid (DEF) System
o DEF Injector
o DEF Injector Controller
o DEF Supply Module
o DEF Pump
o Temperature Sensor Unit
• Parts of the Fuel System
o Fuel Injectors
• Parts of the Exhaust Gas Recirculation (EGR) System
o EGR Cooler (including bypass control)
o EGR Valve o EGR Temperature Sensor
o EGR duct
• Other Sensors That Are Covered
o Oxygen Sensors (“Lambda” sensor where equipped after Field Measure)
o NOx Sensors
o Intake Manifold Pressure Sensor
o Particulate Matter Sensor
o Exhaust Temperature Sensor
• Engine Control Unit hardware (where replaced as part of Field Measure)
• Transmission Control Unit hardware (where replaced as part of Field Measure)
• Hydraulic Control Unit hardware (where replaced as part of Field Measure)
• Air intake throttle
• Intake manifold/charge air distributor
• Instrument cluster hardware (where replaced as part of Field Measure)
• Cylinder Head Assembly components: Valves, Springs, Valve Spring Keepers, Valve Seats, Cam Bearing Caps, Camshaft, and Manifold Studs
• Engine timing chain
• Turbocharger, including VGT actuator
• Coolant thermostat (where replaced as part of Field Measure)
• Crankcase Ventilation Valve (including line and heating element)
Images
  • US AEM warranty.jpg
Deal Fanatic
User avatar
Sep 2, 2006
6351 posts
998 upvotes
Toronto, ON
itoothache wrote: yay hopefullly i get a piece of that
Enjoy your $100 off coupon with purchase of a new mercedes*

*doesn't apply to all popular models and vehicles sold below MSRP
--
I like detailing cars!
Sr. Member
User avatar
Dec 12, 2005
956 posts
117 upvotes
GTA
The question I have is..... should I do it? Sure the $ is nice, but would I be giving up anything (fuel efficiency, power, engine longevity) with the modifications? Could this end up lost me more than the settlement in the long term in terms or repairs/fuel cost?
Shojin wrote:I like to quote myself.
Deal Addict
User avatar
Jul 5, 2005
3994 posts
1873 upvotes
Toronto
Canadian settlement is pesos compared to the US. I plan on writing to the settlement administrator that the payment after the levy is too low. Even VW paid more for dieselgate settlements.
Deal Addict
May 16, 2017
2706 posts
3538 upvotes
GSD wrote: Canadian settlement is pesos compared to the US. I plan on writing to the settlement administrator that the payment after the levy is too low. Even VW paid more for dieselgate settlements.
Unless you are hiring your own lawyer to advocate for your objection at the settlement approval hearing - good luck with that.
Sr. Member
Aug 4, 2004
713 posts
544 upvotes
Potrice wrote: It seems the MB bluetec lawsuit has arrived in Canada. It arrived a couple of years ago in the US and now it seems to be our turn.

As an owner of a 2013 ML350 bluetec (diesel), I received an email informing me of the upcoming lawsuit. This is the website:

https://www.bluetecsettlement.ca/

Compensation seems to be between 2-3k if you go ahead with the AEM (Approved Emission Modification). If you don't want to go with it (*cough* if you have a delete on your diesel *cough*), you'll get between 600$-1700$.

Regarding which parts will be covered and how many years/km by the EMW (Extended Modification Warranty), it is still unknown (I haven't seen it on the website). My guess is that it will be similar to the US (regarding the warranty for parts). I have attached a copy from the US (to get a possible idea/scenario only since it might be different here in Canada).

Edit: I found information from the website regarding the warranty length and parts. Copy pasted from the website:

Extended Warranty Period. The Extended Modification Warran ty shall be the greater of: (i) 10 years from date of initial sale or 120,000 miles (193,000 kilometers) on the odometer, whichever comes first; or (ii) 4 years or 48,000 miles (77,250 kilometers) from the date of installation of the Field Measure, whichever comes first.

The following parts will be covered as well:

The Extended Modification Warranty shall cover the cost of all parts and labour needed to repair the items listed below:
• Catalysts 100 23
o Diesel Oxidation Catalyst
o Diesel Particulate Filter Assembly
o Selective Catalytic Reduction (SCR) Catalyst
• Diesel Exhaust Fluid (DEF) System
o DEF Injector
o DEF Injector Controller
o DEF Supply Module
o DEF Pump
o Temperature Sensor Unit
• Parts of the Fuel System
o Fuel Injectors
• Parts of the Exhaust Gas Recirculation (EGR) System
o EGR Cooler (including bypass control)
o EGR Valve o EGR Temperature Sensor
o EGR duct
• Other Sensors That Are Covered
o Oxygen Sensors (“Lambda” sensor where equipped after Field Measure)
o NOx Sensors
o Intake Manifold Pressure Sensor
o Particulate Matter Sensor
o Exhaust Temperature Sensor
• Engine Control Unit hardware (where replaced as part of Field Measure)
• Transmission Control Unit hardware (where replaced as part of Field Measure)
• Hydraulic Control Unit hardware (where replaced as part of Field Measure)
• Air intake throttle
• Intake manifold/charge air distributor
• Instrument cluster hardware (where replaced as part of Field Measure)
• Cylinder Head Assembly components: Valves, Springs, Valve Spring Keepers, Valve Seats, Cam Bearing Caps, Camshaft, and Manifold Studs
• Engine timing chain
• Turbocharger, including VGT actuator
• Coolant thermostat (where replaced as part of Field Measure)
• Crankcase Ventilation Valve (including line and heating element)
We did a repair for one of the exhaust temperature sensor back in September and MB Canada refused to reimburse us. So sad.... Should have hold off as my dad didn't even drive more than 300km since then. We now waiting for the parts so we get the field measures done and get some$ back.
Deal Addict
User avatar
Jul 5, 2005
3994 posts
1873 upvotes
Toronto
cellsell wrote: We did a repair for one of the exhaust temperature sensor back in September and MB Canada refused to reimburse us. So sad.... Should have hold off as my dad didn't even drive more than 300km since then. We now waiting for the parts so we get the field measures done and get some$ back.
Same experience with my DEF heater refused by MB Canada even though the lawsuit was going through.
Deal Addict
User avatar
Jul 5, 2005
3994 posts
1873 upvotes
Toronto
I am planning to object to the meagre Canadian Blue Tec settlement.

Below is what I am planning to send to the Mercedes Bluetec claims administrator (has to be received by Feb 2 2022) ​

Email To:​

Info@BlueTECSettlement.ca

Feel free to copy/share and send also (details of how to submit are at the bottom of this email).

I am writing to object to the Mercedes-Benz Blue TEC II Class Action Settlement in Canada before it is settled.

My objection is premised on the following significant financial differences compared the similar emissions settlements:

The $2,632 CDN settlement payment after CPF levy is significantly less than the US settlement amount of $3,290 USD ($4,173 CDN equivalent) for installing the same field measure modification.
Why are Mercedes-Benz Blue TEC owners responsible for paying a CPF levy when similar settlements with the Volkswagen diesel emissions modification did not require owners to pay CPF levies from the settlement payment.

Given that Mercedes-Benz owners have paid a significant amount to purchase their vehicles compared to most Volkswagen TDI diesel vehicle owners the settlement of $2,632 is significantly less than the emissions settlement for Volkswagen TDI owners e.g., between $5,100 and $8,000 (compared to $2,632) and even a buyback option.

As an owner of a Mercedes-Benz Blue Tec I have incurred substantial expenditures related to the Blue Tec emissions system failure (e.g., DEF heater failure) which were denied by Mercedes–Benz under their Blue Tec emissions warranty whereas these emissions components are now covered under the settlement field measure modification warranty. The $2,632 CDN settlement payment will not provide enough funds to cover my initial emissions repairs outlay. I am aware of other owners that have incurred similar issues and significant out of pocket outlay for Blue Tec emissions system repairs. Like other vehicle manufacturer recalls there should be a process for owners to submit claims for out of pocket emission component repairs which are now included in this Blue Tec settlement.

Thank you for taking the time to review the above.



Kind regards,
If you are a Settlement Class Member and have comments about, or disagree with, any aspect of the Settlement that applies to you, you may express your views to the Court by submitting a personally signed written objection as provided below.

Your written objection must include:​
Your name, mailing address, telephone number and e-mail address (if available);
The make, model, model year and VIN of the Eligible Vehicle;
A brief statement of the nature of and reason for your objection to this Settlement; and
Whether you intend to appear in person or by counsel at the Settlement Approval Hearing, and if appearing by counsel, the name, address, telephone number, and e-mail address of counsel. (The Court will hold the Settlement Approval Hearing via videoconference.)
Your objection must be received by no later than ​
February 2, 2022​
at: ​

Email To:​

Info@BlueTECSettlement.ca
Sr. Member
Aug 4, 2004
713 posts
544 upvotes
Thank you, I will send the same as I don't think it is fair for them not to cover the repair while it was one of the issue they created.
Newbie
Oct 7, 2007
1 posts
2 upvotes
Toronto
Good luck with your objection to the settlement!! I decided to just take my crumbs... in the end only the lawyers win...

I also had DEF heater previously replaced, cracked DEF lines (because DEF freezes at -11C, I parked outdoors & of course lines will freeze solid while car is off outdoors in winter, repeated freezing = cracked lines...) + so many more things wrong, unbelievable how unreliable/poorly designed, not to mention the cheating designed in... This was big bucks fixing all the things wrong with it. Never again will I own an MB! As a previous owner, I am sure there are multiple previous owners of my vehicle so we will all be splitting the $751. If I get over $150 from this I will be very surprised.
Sr. Member
User avatar
Dec 12, 2005
956 posts
117 upvotes
GTA
I've had the field measure installed and so far I haven't noticed any difference but then again it's only been a few hours and I haven't really pushed the vehicle in any way. Has anyone that's had the field measure installed noticed any difference in power or fuel efficiency?

I've noticed that they've used remanufactured parts wherever they can to save on costs. I'm not happy about this but I suppose it's reasonable as my original warranty is long gone.
Shojin wrote:I like to quote myself.
Deal Addict
Dec 27, 2007
1109 posts
815 upvotes
An Eligible Former Owner is a Settlement Class Member who owned an Eligible Vehicle prior to December 8, 2021 and who sold or otherwise transferred ownership of the Eligible Vehicle on or before March 23, 2022, or the date on which the Court approves this Settlement (if after March 23, 2022), and whose Eligible Vehicle did not receive the Field Measure during their period of ownership.

Former owners seem to eligible too, how do you prove the Field Measure ‘em was not installed? Anyone successfully claimed it back?
Sr. Member
User avatar
Feb 16, 2016
918 posts
459 upvotes
Casselman, Ontario
Shojin wrote: I've had the field measure installed and so far I haven't noticed any difference but then again it's only been a few hours and I haven't really pushed the vehicle in any way. Has anyone that's had the field measure installed noticed any difference in power or fuel efficiency?

I've noticed that they've used remanufactured parts wherever they can to save on costs. I'm not happy about this but I suppose it's reasonable as my original warranty is long gone.
Interesting! Keep us posted how it's going. My 2013 ML350 BlueTEC is at 250 000 km and runs like a dream. I'm planning to go with the AEM and when the warranty goes out, I might go with a full delete (adblue, EGR, DEF and Swirl Flaps). The emission testing is long gone, but there are rumors about new upcoming changes to car safeties in Ontario... Supposedly, we'll need to get safeties every 2 years. Not sure if they'll bring back emission testing while they take a look at the safety... Yikes...
Sr. Member
User avatar
Feb 16, 2016
918 posts
459 upvotes
Casselman, Ontario
dougcay wrote: Good luck with your objection to the settlement!! I decided to just take my crumbs... in the end only the lawyers win...

I also had DEF heater previously replaced, cracked DEF lines (because DEF freezes at -11C, I parked outdoors & of course lines will freeze solid while car is off outdoors in winter, repeated freezing = cracked lines...) + so many more things wrong, unbelievable how unreliable/poorly designed, not to mention the cheating designed in... This was big bucks fixing all the things wrong with it. Never again will I own an MB! As a previous owner, I am sure there are multiple previous owners of my vehicle so we will all be splitting the $751. If I get over $150 from this I will be very surprised.
Keep your receipts! I would go to your local dealership with the receipts and fight tooth and nail about getting a refund. With the amount of $ you put in, it's definitely worth a try.
Deal Addict
Dec 27, 2007
1109 posts
815 upvotes
Just put the deadline here:

Date/Deadline Event
12/09/2021 Settlement Notice Approval and Discontinuance Order. On December 9, 2021, the Court entered an Order that preliminary approved the Settlement.
02/02/2022 PASSED Deadline to Object to the Settlement. If you objected to the Settlement, you will remain in the Settlement Class. You must submit a Valid Claim to receive a Settlement Class Member payment.
02/09/2022 PASSED Settlement Approval Hearing. The Court held a Settlement Approval Hearing on February 9, 2022 at 10:00 a.m. (EST).
03/23/2022 The deadline for Eligible Former Owners/Lessees to submit a Valid Claim is March 23, 2022, or the date the Court approves the Settlement (if after March 23 2022).
05/01/2023 The deadline for Eligible Current Owners/Lessees to have the Field Measure installed in their Eligible Vehicle and submit a Valid Claim is May 1, 2023.
Newbie
Mar 21, 2022
2 posts
2 upvotes
Would like to hear more on how cars function after install of field measure before filing my claim.
Newbie
Mar 21, 2022
2 posts
2 upvotes
Would like to know how it performs in a few month time. Appreciate!

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