Mercedes Hit with Class Action Lawsuit over Leaky Mini-Vans

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A class action lawsuit was filed against the Mercedes Benz company alleging that defects in the air conditioning in the Mercedes Sprinter, a mini-van, causes the roof to leak. The plaintiff also alleges that Mercedes has covered up the problem and charged owners thousands of dollars to repair the defect.

Lead plaintiff, the Digby Adler Group LLC a.k.a Bandago, a car rental company, filed the Mercedes Sprinter class action lawsuit against Mercedes Benz on April 14. Bandago alleges that its owner, Sharky Laguana, drove versions of the Sprinter while touring in a band around Europe and that based on this personal experience, Bandago adopted the Sprinter as its flagship vehicle in its rental fleet.

The Mercedes Sprinter class action lawsuit alleges that Mercedes “touts on its website and its marketing materials the awards that the Sprinter has received, including three 2013 Best Fleet Value in AmericaTM awards” with “a corresponding price tag.” The complaint also alleges that Bandago purchased at least 97 Sprinter vans between 2010 and 2014 and that “each Sprinter van [came] with a 3 year/36,000 mile warranty that expressly ‘cover[ed] the cost of all parts and labor needed to repair any item on your Sprinter vehicle when it left the manufacturing plant that is defective in material, workmanship or factory preparation.'”

According to the Mercedes class action lawsuit, “Mr. Laguana and Bandago believed that based on the warranty, any problems they would experience with the Sprinter vans would be fixed by Mercedes.” The complaint alleges that the Spinter vans Bandago purchased included a high performance air conditioning unit that “Mercedes particularly recommend[ed] the a/c unit for vehicles used in hot climates,” and that “Mercedes install[ed] the a/c unit prior to distribution and sale of the vans to the public.”

According to the Mercedes Sprinter lawsuit, “It was only after Bandago incorporated the second generation Sprinter with the a/c unit into its fleet that Bandago began to notice that vans were being plagued by water leaking in and around the a/c unit.” Bandago “purchased at least 97 Sprinter vans between January 2010 and January 2014,” and “[a]t least 45 of those vans have experienced leaks in and around the a/c unit,” the class action lawsuit says.

“While some leaks occurred after steady rain, others have occurred after the unit was run at its coldest setting with high blower settings,” the Mercedes Sprinter lawsuit continues. “The leaks have damaged the vehicles as well as the cargo being transported in the vehicles.”

Based on previous experience with a defect in the Sprinter model, Bandago alleges that it assumed Mercedes would rectify the defect in the next model year and, in fact, “[a]t all times, Mercedes has repeatedly assured Bandago that it was aware of the problem and was issuing fixes to resolve the problem in the future.” The class action lawsuit also alleges that “[t]he problems that Plaintiff has experienced with the Sprinter vans are not a localized phenomenon” and “Sprinter van owners and lessees across the United States have reported leaks in or around the a/c unit that have necessitated costly repairs and replacement of damaged cargo.”

The class action lawsuit also points out “the National Highway Transportation Safety Agency (NHTSA) has at least six complaints on file regarding such leaks from as early as 2007—the year that Mercedes introduced the second generation Sprinter models.” On that basis, Bandago alleges “that Mercedes tracks and monitors complaints filed with NHTSA” and that “Mercedes has conducted investigations into the causes of the leaks and potential fixes … resulting in the issuance of several technical service bulletins to repair facilities detailing the steps to take to address leaks in and around the a/c unit in Sprinter vans, including at least one such bulletin issued in 2010.” However, Mercedes reportedly still charged that plaintiff several hundred dollars per unit that needed repair.

Bandago’s causes of action include breach of express warranty, product liability, fraudulent concealment, unfair competition, unfair business practices, unfair competition, fraudulent business practices, and declaratory relief.

The lead plaintiff is represented by Steven A. Kronenberg of the Veen Firm, P.C.

The Mercedes Sprinter Van Class Action Lawsuit is Digby Adler Group LLC, et al. v. Mercedes Benz USA LLC, et al., Case No. 14.538643, in the Superior Court of California in San Francisco County.

UPDATE: On May 30, 2014, Mercedes Benz USA LLC. filed a notice of removal to California federal court.

UPDATE 2: On Feb. 1, 2016, Mercedes agreed to provide an extended seven-year warranty that would cover AC units in Sprinter mini-vans in order to settle this class action lawsuit.

UPDATE 3: The Mercedes-Benz Sprinter van air conditioner class action settlement is now open! Click here to file a Claim Form.