A Mercedes-Benz red paint lawsuit settlement has been reached between the automaker and customers who claim the paint and clearcoat peels, flakes, bubbles, fades and has poor adhesion.
The red paint class action lawsuit includes these vehicles painted with 590 Mars Red paint.
- 2004-2015 Mercedes-Benz C-Class
- 2006-2007, 2009, 2014 Mercedes-Benz CLS-Class
- 2004-2009 Mercedes-Benz CLK-Class
- 2008, 2015, 2017 Mercedes-Benz S-Class
- 2004-2009, 2011-2017 Mercedes-Benz SL-Class
- 2010-2015 Mercedes-Benz GLK-Class
- 2005-2006, 2013-2014 Mercedes-Benz CL-Class
- 2014-2015 Mercedes-Benz SLS-Class
- 2005-2006, 2010-2017 Mercedes-Benz E-Class
- 2016-2018 Mercedes-Benz GT-Class
- 2005, 2011-2017 Mercedes-Benz G-Class
- 2017 Mercedes-Benz SLC-Class
- 2005-2016 Mercedes-Benz SLK-Class
- 2008 Mercedes-Benz Maybach 57
The proposed Red Paint settlement includes all current and former owners and lessees of the above vehicles purchased or leased in the U.S.
The red paint lawsuit alleges the plaintiff would have to pay about $7,000 to repaint her vehicle, a job that would include sanding the vehicle to the metal. This, according to the lawsuit, would depreciate the vehicle value by at least $2,000.
And the plaintiff says even if she did have the vehicle repainted, Mercedes doesn't offer...
...Mars Red paint any longer, meaning her vehicle would be different and allegedly less valuable than what she purchased.
The red paint lawsuit alleges Mercedes must have known about the peeling paint and clearcoat problems because a technical service bulletin (TSB LI98.00-P-058914) was issued in 2014. The bulletin concerned all vehicles with 590 Mars Red paint clearcoat that peeled, bubbled and flaked.
But according to the plaintiff, Mercedes refuses to order a recall to fix the red paint clearcoat problems.
According to the class action settlement agreement which still needs approval by the judge, the settlement covers repairs related to an alleged defect with the Mars Red paint that occurs during the first 15 years or 150,000 miles from the vehicle in-service date.
According to the red paint settlement, past paint repairs will be reimbursed on a sliding scale applied as of the date the past repair was made.
The percentage of reimbursement or coverage available for a particular repair is based on the vehicle’s age/mileage on the date of repair as follows:
- Vehicle age---time period/Category 1: Vehicles that have been in service for less than 7 years (84 months) and have less than 105,000 miles
- Warranty extension: 3 years and 55,000 miles
- Reimbursement/coverage amount: 100%
- Vehicle age---time period/Category 2: Vehicles that do not fall within Category 1 and have been in service for less than 10 years (120 months) and have 150,000 miles or less
- Warranty extension: 6 years and 100,000 miles
- Reimbursement/coverage amount: 50%
- Vehicle age---time period/Category 3: Vehicles that do not fall within Categories 1 or 2 and have been in service for less than 15 years (180 months) and have 150,000 miles or less
- Warranty extension: 11 years and 100,000 miles
- Reimbursement/coverage amount: 25%
Mercedes-Benz customers who need future repairs after the class action settlement notice date but before the effective date of the settlement and whose vehicles have both...
...fewer than 15 years from the original in-service date and fewer than 150,000 miles at the time repairs are needed should get their vehicles repaired.
Customers should retain their payment receipts for any qualifying repairs performed and make claims for reimbursement as past repairs within 60 days of the repairs.
Mercedes red paint customers will be required to submit documentation such as itemized repair invoices, including the part of the vehicle that was repainted and the cost of the repair. A customer must also provide proof of paying for the repair by providing a credit card statement, receipt showing the payment, etc.
In addition, a customer must show proof they owned or leased the vehicle at the time of repairs.
"A repair shall not qualify for reimbursement if the reason for the repair described in any related repair order is for repairs due to an automobile accident, scratches, road debris or other external influence that is unrelated to the alleged Mars Red paint defect (e.g., chemical burn, tree sap, or bird droppings)," according to the lawsuit settlement.
A Mercedes-Benz Mars Red paint customer can receive future repairs by presenting their vehicle to a dealer which will determine eligibility and perform the repairs.
Vehicles already 15 years old or more or have 150,000 miles or more can seek repairs by submitting claim forms and documentary evidence showing the customer: Presented the vehicle to an authorized Mercedes-Benz dealer or body repair facility for a repair or provided notice to Mercedes at a time when the vehicle had less than 15 years and 150,000 miles and was denied warranty or goodwill coverage for such repair.
If the future repair claim is approved by the settlement administrator, the customer can receive one repair by an authorized service center.
The proposed red paint lawsuit settlement in this case will also resolve claims in a separate Mercedes red paint class action.
The Mercedes-Benz red paint lawsuit was filed in the U.S. District Court for the Northern District of Georgia: Pinon, et al., v. Daimler AG and Mercedes Benz USA, LLC.
The plaintiff is represented by Heninger Garrison Davis, LLC, and Jackson & Tucker, P.C.