Class Action for Defective HVAC Systems in German Luxury Vehicles
Norman Taylor & Associates
May 27, 2020
Does the ventilation system in your German-made luxury vehicle emit a mold- or mildew-like odor? You could be entitled to compensation due to a faulty HVAC system. Current and former owners and lessees of certain vehicle models may be entitled to a fully buyback of their car due to an HVAC system design defect that causes the system to produce mold and accompanying odors.
A class action lawsuit against a well-known German vehicle manufacturer alleges that HVAC systems in certain vehicle models were designed defectively, such that the systems allowed mold growth and, as a result, emitted mold/mildew odors. The class action involves approximately 2.5 million vehicles equipped with the allegedly faulty HVAC systems.
Affected vehicle models include:
- 2008-19 C-Class
- 2010-15 GLK-Class
- 2012-17 CLS-Class
- 2010-19 E-Class
- 2015-19 GLA-Class
- 2013-16 GL-Class
- 2016-19 GLE-Class
- 2017-19 GLS-Class
- 2012-15 M-Class
- 2016-19 GLC-Class
As of May 2020, a settlement has been reached with the maker of these vehicles. The settlement allows affected class members to recoup cash reimbursements for expenses related to repairing defective HVAC systems and provides coverage for future related repairs.
What Consumers Need to Do
If you believe you are affected by the class action, you may file a claim form. If you paid for HVAC repairs (including cleaning the evaporator, replacing the filter, etc.) in an affected vehicle prior to May 11, 2020, you must file your claim form online or ensure that it is postmarked on or before July 25, 2020. For any repairs that occur on or after May 11, 2020 through December 7, 2020, you must file your claim form within 75 days of receiving the repairs.
Importantly, while you may be entitled to take part in the class action lawsuit, it is essential that you understand the difference between a class action settlement and a lemon law claim. In some cases, it may be beneficial for you to opt out of the class action settlement. Continue reading to learn more, or contact our California lemon law attorneys at Norman Taylor & Associates. Consulting a lemon law attorney can help you make an informed decision regarding your legal rights and options, as well as the best choice for your particular situation.
What Is a Class Action?
A class action is a type of civil action in which multiple individuals are similarly affected by the actions/inactions of a single defendant. When a particular make or model of vehicle has an issue, including a defective part or system, all those affected by the issue can seek compensation from the liable entity (e.g. the maker of the vehicle, the manufacturer of a part, etc.).
Typically, a single person, known as the plaintiff, or a small group of plaintiffs files an initial action with the court. This action is brought on behalf of all consumers who purchased, leased, or were otherwise affected by the vehicle in question. These affected consumers are known as class members. While class actions do not usually result in each individual consumer receiving a large sum of money, each consumer may proceed in filing a separate lemon law claim if their specific set of circumstances warrants doing so and if the consumer meets various lemon law requirements.
What Is a Lemon Law Claim?
In contrast to a class action lawsuit, a lemon law claim allows a single plaintiff to recover compensation (sometimes in the form of a vehicle buyback) when the plaintiff has made a reasonable number of attempts to have the vehicle’s defects properly repaired by an approved dealership, but the repairs have not been successful in resolving the problem. Lemon law claims do not involve multiple plaintiffs but, rather, a single affected consumer.
Do I Need a Lemon Law Attorney?
If you wish to file a lemon law claim, or even if you wish to take part in the class action against the involved German vehicle manufacturer, it is critical that you work with an experienced attorney. Attempting to bring a claim, whether a class action or lemon law claim, against a large manufacturer on your own can ultimately be harmful to your case. By consulting with an experienced lemon law attorney, you can obtain a complete and clear understanding of your legal rights and various options. Lemon law is incredibly complicated and attempting to navigate the process on your own could result in unintentional mistakes that negatively affect the outcome of your case. You could lose your right to compensation.
At Norman Taylor & Associates, we wrote the book on lemon law. We understand the process and can help you determine the best course of action moving forward. To learn more about the class action settlement involving mold- and mildew-like odors emitting from certain German-made luxury vehicles, or to find out if you are eligible to file a lemon law claim, please contact our firm today.
Submit an online contact form or call (888) 449-7639 today for a free case evaluation.