Kristen Zanoni  |  October 15, 2020

Category: Auto News

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Mercedes-Benz dealership - mercedes recall

UPDATE: A website has been established for consumers wishing to register as claimants in this case. Click here to register on the Mercedes Diesel Claims website.


Lawyers in the U.K. Mercedes-Benz emissions fraud scandal say the most recent Mercedes recall proves even more evidence for dirty diesel emissions, according to Car Dealer Magazine.

The latest Mercedes recall for a software update in diesel vehicles reveals the carmaker’s emission’s fraud even further, lawyers argue.

A U.K. Mercedes emissions fraud group action claim alleges Mercedez-Benz is intentionally involved in an emissions fraud with its diesel and BlueTec vehicles. 

The Mercedes emissions fraud group action claims the carmaker equipped its diesel vehicles with emission defeat devices that suppressed unlawfully high levels of nitrogen oxide during driving test conditions. In real-world driving conditions, though, Mercedes diesel vehicles were emitting dangerously high amounts of nitrogen oxide, according to the Mercedes emissions fraud group action.

Now, lawyers say there has been a new list of Mercedes recalls, adding to the scandal.

The Mercedes recall announced 4 September involved a software update for an engine control unit, which was necessary to “further reduce the average nitrogen oxide emissions while driving on the road,” Car Dealer Magazine reported.

“This latest recall exercise is yet further compelling evidence Mercedes diesel and BlueTec vehicles have a nitrogen oxide problem that needs fixing,” Andrew Hill, of representing law firm Fox Williams, told Car Dealer Magazine. “Any U.K. vehicle owners that have the software repair are still eligible to join our claimant group.” 

Chrome Mercedes hood ornament - mercedes recall“The fact Mercedes is doing this at the instruction of the German transport authority is telling,” Michael Gallagher of Hagens Berman U.K. told Car Dealer. “Of further note is the scope of the recall. We believe Mercedes is developing software updates for almost the entire Euro 6b and Euro 5 diesel fleet in Europe.”

Gallagher continued: “We absolutely don’t accept Mercedes’ argument that the emissions control system of U.S. vehicles is materially different to European models.”

It was previously estimated that there may be 1.2 million U.K. drivers affected by the Mercedes recall that would be eligible to join the Mercedes emissions fraud group action, but now lawyers say that number could have gone up. 

All drivers affected by the Mercedes recall, including private owners, lessees, fleet operators or car hire firms could be entitled to damages. 

“We believe Mercedes vehicle owners and lessees in England and Wales will likely have good claims for losses caused to them from unwittingly owning or leasing dirty diesels,” Hill claimed, according to Car Dealer. 

According to Hill, U.K. drivers who have been affected by the Mercedes emissions fraud could be entitled to somewhere in the range of “£5,000 to £10,000 per vehicle,” City A.M. reported.

Lawyers from Hagens Berman, one of many law firms representing Mercedes group action claimants, investigated another settled lawsuit in the United States that paid Mercedes drivers more than $700 million in damages. Lawyers thought this news could be beneficial for U.K. owners to know, considering it could possibly mean damages will be owed to them, too.

Hagen Berman believes there are more than a million owners in the U.K. affected by the Mercedes recalls, and has high hopes of a U.K. Mercedes emissions fraud group action settlement. 

But a Mercedes-Benz U.K. spokesperson disagreed.

“With regard to the U.S. settlement, the vehicles in question were produced exclusively for the North American market,” the spokesperson told Fleet News. “The emissions control system of U.S. vehicles differs in comparison to vehicles in Europe both with respect to hardware components and configuration of the control software. In addition, the legal framework and the certification process in the U.S. is different to that in Europe.” 

Are you a Mercedes driver in the U.K.? Do you think the new Mercedes recall boosts the Mercedes emissions fraud group action? Share your opinion with us in the comments section.

Check back daily for the most recent U.K. class action lawsuit and consumer protection news.

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