If you are a current or former owner or lessee of a 2001-2006 model year Mercedes-Benz S-Class or CL-Class vehicle, you may be entitled to benefits from a class action settlement.
A class action settlement has been reached in a class action lawsuit pending against Mercedes-Benz USA, LLC (“Mercedes-Benz” or “Defendant”) in the United States District Court for the Central District of California (styled Arutyun Marsikyan and Payam Saadat v. Mercedes-Benz USA, LLC, Case No. CV08-04876 AHM JTLx), alleging, among other things, that the reed valve in the air/water duct in 2001-2006 model year Mercedes-Benz S-Class (W220) and Mercedes-Benz CL-Class (W215) vehicles is susceptible to clogging by leaves, pine needles and other debris, which can cause water to accumulate in the air/water duct and to overflow into the passenger compartment, possibly resulting in damage to electrical and other components, in breach of warranty and violation of consumer protection laws, according to the Mercedes-Benz S-Class (W220) and CL-Class (W215) reed valve water leakage class action settlement notice.
The Mercedes-Benz S-Class (W220) and CL-Class (W215) read valve water leakage class action lawsuit settlement class and sub-class include the following persons, unless otherwise excluded:
Class: All persons throughout the United States (including Puerto Rico) who currently own or lease a model year 2001 through 2006 Mercedes-Benz S-Class (W220) or CL-Class (W215) vehicle.
Sub-Class of Former Owners: All persons throughout the United States (including Puerto Rico) who previously owned or leased a model year 2001 through 2006 Mercedes-Benz S-Class (W220) or CL-Class (W215) vehicle, who incurred out-of-pocket, unreimbursed expenses for repair of water damage due to a clogged reed valve in the air/water duct during the period in which they leased or owned that vehicle.
If the Court approves the proposed Mercedes-Benz S-Class (W220) and CL-Class (W215) reed valve class action settlement, settlement benefits reportedly will include the following, as set forth in more detail in the settlement agreement:
- Maintenance. Mercedes-Benz will add to its list of service items to be performed during regular “A” and “B” service a check and, if necessary, clearing of the reed valve in the air/water duct.
- Reimbursement. Mercedes-Benz will reimburse present and former Mercedes-Benz owners and lessees of 2001 through 2006 model year S-Class (W220) and CL-Class (W215) Mercedes-Benz vehicles who sustained water damage to the vehicles as a result of a clogged reed valve in the air/water duct prior to the Effective Date of the Settlement for their out-of-pocket costs for any necessary repair work (including parts and labor), to the extent not reimbursed by insurance or covered under warranty or dealer goodwill. Mercedes-Benz will also provide reimbursement for one-time towing and car rental costs, up to a combined maximum of $150 per class member, that were incurred due to water damage as a result of a clogged reed valve in the air/water duct. To obtain reimbursement, you must complete a Claim Form, attach the required documentation, and mail it to the Claims Administrator, postmarked by the Claims Deadline, which will be no later than 120 days after the Court’s final approval of the settlement (i.e., no later than September 14, 2010).
- Payment for Future Water Damage. Mercedes-Benz will pay for repairs due to water damage incurred as a result of a clogged reed valve in Class Vehicles after the Effective Date of the Settlement, but prior to the expiration of eighteen (18) months from the Effective Date of the Settlement or up to 100,000 miles on the vehicle’s odometer, whichever occurs first, provided that: the owner or lessee obtained regular “A” or “B” service at an authorized Mercedes-Benz dealer during the period between Final Approval of the Settlement and the onset of water damage; and all water damage repairs are performed at an authorized Mercedes-Benz dealer. Mercedes-Benz will notify authorized dealers regarding the settlement and this provision, and will compensate dealers directly for repairs (parts and labor) performed pursuant to the Settlement Agreement, including installation of a secondary drain valve pursuant to Mercedes-Benz Dealer Technical Bulletin (“DTB”) P-B-83.10/75.
- Dealer Technical Bulletin Work. Any Class Vehicle that previously sustained water damage due to a clogged reed valve, but did not have the work specified in DTB P-B-83.10/75 (installation of a secondary drain valve) performed at the time repairs were made, is eligible to have the DTB work performed by an authorized Mercedes-Benz dealer, at Mercedes-Benz’s expense. Such DTB-related work shall be performed only upon the owner or lessee’s request and upon submission to Mercedes-Benz or its authorized dealer of a repair invoice or other sufficient evidence that the vehicle had prior repairs due to a clogged reed valve. Any such request must be made within ninety (90) days of the Effective Date of the Settlement.
On May 17, 2010, at 10:00 a.m., in Courtroom 14, United States District Court for the Central District of California, 312 N. Spring St., Los Angeles, California 90012, the Honorable A. Howard Matz, United States District Judge, held a settlement Fairness Hearing at which time the the Mercedes-Benz S-Class and CL-Class settlement received final approval.
For more information on the Mercedes-Benz S-Class (W220) and CL-Class (W215) reed valve water leakage class action lawsuit settlement and potential settlement benefits and/or updates on the settlement, visit the Mercedes-Benz S-Class (W220) and CL-Class (W215) class action settlement website:
www.ReedValveSettlement.com
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