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Mercedes-Benz Canada Inc. is facing a moldy air conditioner class action lawsuit claiming that a defect in the luxury vehicles air conditioning and heating systems causes mold and mildew to form and to be blown throughout the car by the system.
According to the complaint, which was filed by a Canadian legal firm, a variety of late-model Mercedes vehicles are affected. These vehicles include the following;
- 2008-2019 Mercedes C-Class
- 2012-2017 Mercedes CLS-Class
- 2010-2019 Mercedes E-Class
- 2013-2016 Mercedes GL-Class
- 2017-2019 Mercedes GLS-Class
- 2015-2019 Mercedes GLA-Class
- 2012-2015 Mercedes M-Class
- 2016-2019 Mercedes GLE-Class
- 2010-2015 Mercedes GLK-Class
- 2016-2019 Mercedes GLC-Class
The legal group that initiated the Canada-wide Mercedes-Benz moldy air conditioner class action lawsuit, the Consumer Law Group, says, “the vehicles in question have a faulty design that fails to properly evaporate or drain the system condensation, creating a rich environment for the growth of bacteria, fungi, mold, and spores, which are then are blown into the passenger cabin through the HVAC systems,” on its website. “The moldy air has a highly unpleasant noxious and mildewy smell that cause the vehicles’ passenger cabins to be unbearable and can also cause respiratory problems and aggravate allergies.”
According to the Mercedes-Benz moldy air conditioner class action lawsuit, the issue is exacerbated in warm, humid weather and after it rains. The complaint says that the odour is moldy, mildew or sour and has resulted in owners and lessees having to pay to try and solve the problem or resort to air fresheners to mask the scent.
In addition to the obnoxious odour, the problem also results in reduced efficiency of the heating and conditioning system.
The problem, according to the complaint, stems from the failure of the heating and air conditioning system to properly evaporate condensation that occurs as outside air is heated or cooled. The excess moisture allegedly creates a hospitable environment for the growth of bacteria and mold. The mold eventually forms mycotoxins, says the complaint, that are emitted into the air and blown through the vehicle when the system is activated.
Further, the carmaker exacerbated the costs on owners and lessees, according to the Mercedes-Benz moldy air conditioner class action lawsuit. Mercedes-Benz pushed nonpermanent solutions onto those seeking a repair for the moldy air problem, including replacing the cabin air filter, “flushing” the system, or using various cleaners. These so-called solutions were not free, says the complaint, noting that Mercedes charged consumers for temporary respites from moldy air that always seemed to return.
According to the legal group representing the plaintiff in the Mercedes-Benz moldy air conditioner class action lawsuit, a similar class action has been filed and settled in the United States.
The plaintiff, D. Leopardi, seeks to represent Canadians nationwide who purchased or leased an affected Mercedes-Benz vehicle. The plaintiff says that he and the proposed Class have suffered damages because of the allegedly defective air conditioning system, including overpayment for the vehicles, repairs, and loss of value in the event of resale.
Have you been affected by mold and mildew problems in your Mercedes-Benz? Tell us your story in the comments below!
The plaintiff is represented by Andrea Grass of the Consumer Law Group Inc.
The Mercedes-Benz Moldy Air Conditioner Class Action Lawsuit is D. Leopardi v. Mercedes-Benz Canada Inc., Case No. 500-06-001036-199 in the Superior Court of Québec, District of Montreal, Canada.
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34 thoughts onMercedes-Benz Canada is Facing a Moldy Air Conditioner Class Action Lawsuit
This smell is always evident after getting in the car in the summer time. Embarassing problem to have on a higher end car. I have a 2011 E550.
2014 ML 350 Blutec. Purchased new.
I’ve noticed a smell since the vehicle was new. I’ve always wondered why I don’t see water under the car when the AC is running, like other cars. I’ve asked about the smell and tried to deodorize it, nothing works. The dealer denies that there is a problem and claims to know nothing about the US class action.
I have the same issue in my 2018 B250.
I had purchased a pre-owned 2018-B250 in April 2020 and the A/C was okay.
Now it has a terrible smell every time I use it. Please add me to this class action suit.
I have the same issue in my 2008 C350. I paid dealer $150.00 to deodorize and it only lasted three weeks and it does not matter if I turn on ac or heater.
Leased a 2012 C class with this issue. While under warranty the only solution was to deodorize.
Bought a 2012 M class with this issue and a third party warranty that cost $4,400. Tried using the third party warranty to replace the evaporator as it specifically says “evaporator” as covered and the claim was denied because the evaporator technically still works.
Tried bringing it up with the dealership and everyone pretends it is a unique situation.
Tried bringing it up to Mercedes Benz Canada and I received a canned response saying there is no action against them. The lawsuit in the US has nothing to do with Canada and that there are no service bulletins in Canada for this issue.
Does anyone have more information on how to stay up to date or where the process is when it comes to the action being taken in Canada? I have signed up on the main website but am not sure they send updates.
Bought our 2013 Mercedes GLK 350 in October 2019 and never used the air conditioning system until spring of 2020. Noticed a terrible odour coming from A/C vents the very first time we used the system. The smell was so bad, we thought it was coming from outside the car and immediately turned it off. Tried again the next day and realized it was our car that smelled bad. Also, both my wife and I developed upper respiratory problems including persistent cough and runny nose since using the system in the car. We’ve stopped using it for fear it will affect our health.
My A/C has a terrible sour smell every time I use it. Please add me to this class action suit.
I had purchased a pre-owned 2014 E-350 in September 2018 and I immediately noticed an issue with the Air Conditioning as it had an awful smell. In Spring 2019 I had a part replaced and from that day forward I had a migraine every time I turned on the A/C, after a few months it was every time I turned on the fan I would get an instant migraine. Given that I could not drive my car without being affected I ended up trading it in for a new car and I lost money on the sale as it was a 4 year loan that I ended up terminating after only 13 months. Is there a case for me in this lawsuit, please advise.
Not only does it have a awful smell i am now having a Constant cough. I live in Fl and feel like i can’t even keep my air on! I have a 2015 c class HELP what should i do next?
My air conditioner smells like a wet dog. 2015 GLA