Mercedes Diesel Class Action
In 2022, GMP Law commenced an important class action lawsuit against Mercedes-Benz regarding the alleged manipulation and misreporting of Type Approval testing in their diesel vehicles. The lawsuit sought compensation for vehicle owners and lessees who may have been misled about their vehicle’s performance and environmental impact.
We’re excited to announce that as of October 2024, this class action has strengthened through a strategic partnership with Piper Alderman, allowing for a more unified approach.
Our new collaboration with Piper Alderman combines the strengths of both our firms to enhance our efforts in seeking compensation for vehicle owners and lessees. This partnership preserves our original goals while also providing additional resources and expertise, all in the best interest of our clients.
Current status
Legal development
In January 2024 Piper Alderman initiated a parallel class action in the Victorian Supreme Court. This created what is known as a ‘carriage dispute,’ where the Court decides which proceeding will move forward. Rather than engage in a potentially lengthy dispute process, both firms chose to pursue a collaborative solution in the best interests of group members.
Strengthened position
This development has resulted in an exciting strategic partnership between GMP Law and Piper Alderman, blending our strengths in a 40:60 collaboration. It also underscores our commitment to achieving the best possible outcomes for our clients.
For class members, this partnership means stronger representation, enhanced resources, and a more streamlined approach.
Key benefits of the partnership include:
- Unified expertise and resources that strengthen the claim
- The combination of GMP Law’s established client relationships with Piper Alderman’s additional resources
- Access to substantial litigation funding for expert reports and necessary resources
- A more efficient pathway to resolution
- Protection of all potential entitlements for group members without incurring additional financial liability.
Next Steps for affected parties
- If you were registered with GMP Law’s class action, you must now register with Piper Alderman’s proceeding to continue pursuing your claim. Click here to register with Piper Alderman’s proceeding.
- For questions about the continuing proceeding, contact Piper Alderman at MercedesClassAction@piperalderman.com.au or contact Robert Howarth (Paralegal) on (02) 9253 3819.
GMP Law will continue to perform certain legal work as an agent of Piper Alderman.
About the class action
The class action addressed serious allegations against Mercedes regarding their diesel vehicles. The lawsuit focuses on the company’s alleged misrepresentation of their vehicles’ emissions and performance during Type Approval testing. Key aspects of the class action included:
Consumer fraud: Misleading consumers about the environmental impact and performance of their cars.
Environmental impact: Claims that the actual emissions of the vehicles are significantly higher than reported, misrepresenting the emissions of the vehicle, and potentially causing environmental damage.
Vehicle value: Concerns that purchasers paid more than the true value for the vehicle, because, had they been aware of the true emissions readings of the vehicles, they would have paid less.
The issue
The core issue in this class action was the alleged use of ‘cheat devices’ in Mercedes diesel engines.
These devices are said to detect when the vehicle is driven outside of normal road or weather conditions, or when carrying heavy loads or driving on steep inclines. In these situations, the device will turn off or markedly reduce the effectiveness of the emission controls fitted to the vehicle. This was designed to increase engine power and improved fuel efficiency, however as a result, the vehicles emit emissions at unacceptably high levels.
Environmental concerns
The environmental impact of these alleged actions remains significant:
- Increased NO and NO2 (NOx) emissions when emissions controls in motor vehicles are turned off or reduced in efficiency can contribute to global warming
- Higher than claimed emissions could contribute to accelerated climate change
- Increased NOx can lead to poor air quality and affect the health of the community, particularly the vulnerable.
Health issues identified
The higher emissions have broader health implications:
- Increased NOx levels are associated with respiratory issues, such as childhood asthma
- Long-term exposure to elevated NOx levels can contribute to heart disease
- The culminating effect of higher emissions can impact overall environmental health.
What’s next for Group Members?
- Following the resolution of the carriage dispute, affected parties should:
- Register with Piper Alderman: To continue pursuing your claim, you must register with Piper Alderman’s proceeding
- Understand the transition: GMP Law will continue to perform some legal work as an agent of Piper Alderman
- Stay informed: Monitor communications from Piper Alderman regarding the progression of your claim.
- Seek clarification: Contact Piper Alderman at MercedesClassAction@piperalderman.com.au Or contact Robert Howarth (Paralegal) on (02) 9253 3819 with any questions about the continuing proceeding.
Previous eligibility criteria
The original eligibility criteria for this class action included:
- Purchase or lease of a diesel Mercedes vehicle (new or second-hand) manufactured between January 1, 2008, and December 31, 2018
- Ownership or lease of the vehicle during the specified period.
Important note: For current eligibility requirements and to pursue your claim, please register with Piper Alderman’s proceeding through this link.
Contact Information
For questions about the continuing class action proceeding:
Email: MercedesClassAction@piperalderman.com.au
This page was last updated: October 29, 2024
