Plainitff Emily Pinon bought a Mars Red 2015 Mercedes C250 in November 2016 which had fewer than 10,000 miles on it. But the complaint for this class action says that by early 2018, the paint had deteriorated so badly in at least one spot that it looked like the clear coat was bubbling and peeling.
The class for this action is all consumer residents in the US who own, owned, lease, or leased a class vehicle. A subclass of Alabama residents has been proposed. The class vehicles include the following models which are painted in Mars red:
Pinon’s car had come with a four-year, 50,000 mile limited warranty, so in February 2018, she took it to her local Mercedes dealership. The complaint claims that the dealership acknowledged that the Mars red color was a problem but would not do anything for her.
By June 2018, the complaint says, the defect had grown worse, showing damage in most body panels. Pinon spoke to a Mercedes representative, the complaint says, who told her to go to a certain Mercedes dealership 26 miles from her home.
According to the complaint, that dealership told her that fixing the problem would require sanding all the paint off the car and repainting it a different color. They told her it would cost her $7,000, take four to six weeks, and result in a depreciation of the car by $2,000. The complaint says they also acknowledged that other Mars red Mercedes had shown the same problem.
However, Mercedes refused to do anything to remedy the problem, the complaint says, even though it has acknowledged the problem with Mars red vehicles.
The complaint alleges that Mercedes sold the car in a defective state, and that it knew of the paint defect from a number of sources, including owner complaints, repair data, its own service bulletins on the topic, complaints made to NHTSA’s Office of Defect Investigations, and general complaints online.
Because Mercedes knew of the problem at the time they sold the vehicle, the complaint says, the company has breached its warranties, among other things, and should repair, replace, or restore all vehicles that have the problem.