By Laura Pennington/Top Class Actions
UPDATE: HGD has settled this case and is no longer taking new clients.
A consumer has filed a Mercedes class action lawsuit, making claims that the paint blisters and peels off too easily. The Mercedes paint class action says that the “Mars Red” color of paint used on many vehicles made by Mercedes-Benz bubbles, peels off, and forms small blisters.Lead plaintiff Emily Pinon says she purchased a used 2015 Mercedes C250 in 2016 from a dealership in Alabama. At that time, the car reportedly had less than 10,000 miles on it and had a 50,000-mile limited warranty or an express four-year warranty, of which she was able to use whichever came first.By 2018, according to the Mercedes class action lawsuit, the clear coat on the hood of the car had signs of peeling and bubbling paint. The plaintiff says that no car owner would expect a vehicle less than three-years-old to have peeling paint when the paint on the vehicle was original. When the plaintiff brought the vehicle back to her dealership in February 2018, they allegedly declined to help her. However, the staff at the dealership reportedly shared with her that they knew about the defective Mars Red paint because they had seen multiple other vehicles under the Mercedes brand with similar peeling paint.
Between February and June, Pinon says the paint continued to peel and got worse. A Mercedes representative who spoke with the plaintiff encouraged her to visit another dealership to get help.
According to the Mercedes peeling paint class action lawsuit, Pinon was told that the car had to be completely sanded down to receive a repaint job, which would diminish the vehicle’s value by at least $2,000. The Mercedes red paint class action lawsuit states that such a process would take up to six weeks and cost $7,000.
From that point forward, according to the Mercedes Mars Red paint class action lawsuit, the consumer was unable to get a straight answer from Mercedes.
The Mercedes class action lawsuit says that the car maker provided different information including a promise to fix the issues or trying to sell the consumer a new Mercedes at a discount.
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Currently, Mercedes no longer offers Mars Red as a paint choice, a fact that the plaintiff claims is proof that it’s defective. However, despite these allegations and the ongoing issues, the Mercedes paint class action lawsuit says that the car company has not done anything sufficient to address the issue.
Pinon’s class action lawsuit makes similar claims to another Mercedes defective paint class action lawsuit filed earlier this month in New Jersey.
The Mercedes peeling paint class action lawsuit argues that the company knowingly made and promoted these vehicles with defective paint and failed to notify consumers about these issues.
The Mercedes class action lawsuit says that Mercedes should have been aware of the consistent problems due to complaints lodged online and with the NHTSA.
Pinon seeks to represent a nationwide Class of consumers who leased, lease, own, or owned a Class vehicle painted in Mars Red, as well as a subclass of Alabama residents.
Class vehicles include:
- 2009-2015 Mercedes C-Class
- 2013-2015 Mercedes CLA-Class
- 2003-2009, 2011-2015 Mercedes CLS-Class
- 2012-2016 Mercedes E-Class
- 2011-2015 Mercedes GLK-Class
- 2014-2015 Mercedes G-Class
- 2014-2016 Mercedes SL-Class
- 2012-2016 Mercedes SLK-Class
The Mercedes class action lawsuit alleges breach of implied and express warranty as well as violations of the Magnuson-Moss Warranty Act.
Pinon is represented by James McDonough III, Taylor Bartlett and W. Lewis Garrison Jr. of Henniger Garrison Davis LLC and Steve Jackson of Jackson & Tucker PC.
The Mercedes Mars Red Paint Class Action Lawsuit is Emily Pinon v. Daimler AG, et al., Case No. 1:18-cv-03984, in the U.S. District Court for the Northern District of Georgia.