A Settlement has been reached with Daimler AG and Mercedes-Benz USA, LLC (collectively “Defendants”) in a class action lawsuit. Plaintiffs allege in the lawsuit that the HVAC systems in certain Mercedes-Benz vehicles are defectively designed such that they accumulate mold or mildew and emit related odors. Defendants Daimler AG and Mercedes-Benz USA, LLC deny the allegations in the lawsuit and deny they acted improperly or did anything wrong. 

Both sides have agreed to the Settlement to avoid the costs and risks of a lengthy trial and appeals process. For the precise terms and conditions of the Settlement, please review the Settlement Agreement.

The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a Settlement they believe is fair, after considering the risks and costs of continued litigation. The Plaintiffs and Class Counsel believe the Settlement confers substantial benefits on the Class and represents a fair and reasonable resolution of the lawsuit.

Defendants deny the claims in the lawsuit; deny all allegations of wrongdoing, fault, liability, or damage to the Plaintiffs and the Class; deny that the HVAC systems in the covered vehicles are defective; and deny that they acted improperly or wrongfully in any way. Defendants nevertheless recognize the expense and time that would be required to defend the lawsuit through trial and have taken this into account in agreeing to this Settlement.

In a class action, one or more Plaintiffs called “Class Representatives” sue on behalf of themselves and all others with similar claims. This group of people is called the “Class” and the people in the class are called “Class Members.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

This lawsuit is Amin et al. v. Mercedes-Benz USA, LLC et al., Case No. 1:17-cv-01701-AT (N.D. Ga.). The judge is Amy Totenberg of the United States District Court for the Northern District of Georgia. Please do not contact the Court or the Court Clerk’s Office for help with the Settlement Process. They do not have any additional information.

You are a Class Member if you are a current or former owner or lessee of a covered Mercedes-Benz vehicle and you purchased or leased your vehicle in the United States.

Excluded from the Class are:

(a) Persons who have settled with, released, or otherwise had claims adjudicated on the merits against Defendants arising from the same core allegations or circumstances as the Litigation Claims, except that such persons shall remain eligible to receive future repairs and reimbursement for past repairs (both subject to applicable limitations and proof requirements) occurring after the date of such settlement, release, or adjudication on the merits;

(b) employees of Defendants; and

(c) the judges in this and related cases, and members of their respective families.

Personal injury claims (i.e. claims about health effects stemming from moldy HVAC) are not included in the lawsuit or this Settlement – if you have such claims, you still can participate in the Settlement and you will not give up your right to sue the Defendants separately for your health-related claims.

More details about the Class, its claims, and the Settlement can be found in the Settlement Agreement and other documents available on the Important Documents page.

You are a Class Member if you are a current or former owner or lessee of a covered Mercedes-Benz vehicle who purchased or leased your vehicle in the United States. You may look up your VIN here to see if your vehicle is covered.

The Settlement covers the following vehicles:

You may look up your VIN here to see if your vehicle is covered in the class.

“HVAC” refers to the Heating, Ventilation, and Air Conditioning system. Examples of repairs that may be covered include cleaning the evaporator and replacing the filter. Evaporator replacement is included as a past repair eligible for reimbursement only if the replacement was done at an Authorized Service Center.

You may find your VIN on the front of the dashboard on the driver's side. The best way to see it is to look through the windshield from outside the car. You may also find your VIN on the driver's side door panel. Open the door and look around the area where the door latches to the car. If you cannot find the VIN on the vehicle, you should also be able to locate it on your vehicle's title or liability insurance documents.

The Postcard Settlement Notice was sent to owners and lessees of covered Mercedes-Benz vehicles based on Defendant’s records.

All Class Members have a legal right to know about this Settlement and their options.

It is critical that Class Members read the entire Detailed Settlement Notice carefully because your legal rights are affected by whether you act or don’t act.

More details about the Class, its claims, and the Settlement can be found in the Settlement Agreement and other documents available on the Important Documents page.

You may also look up your VIN here to see if your vehicle is included in the class.

If you are not a current or former owner or lessee of a covered Mercedes Benz vehicle, then you are not eligible to participate.

Federal District Court Judge Amy Totenberg, of the U.S. District Court for the Northern District of Georgia, is overseeing the Settlement. Please do not contact the Court or the Court Clerk’s Office for help with the Settlement process. They do not have any additional information.

The Settlement provides two types of benefits to Class Members:

(1) cash reimbursement for costs you paid for certain past repairs of the HVAC system, and

(2) coverage for those repairs in the future.

The percentage of reimbursement or coverage is on a sliding scale based on the age/mileage of the vehicle, as follows:

There is no reimbursement or coverage for vehicles over 10 years or 125,000 miles.

The maximum reimbursement for a single past repair performed by an Independent Service Provider shall not exceed $300. If there were multiple past repairs performed by an Independent Service Provider, the total reimbursement shall not exceed $900.

No reimbursement will be paid for replacement of the evaporator if it was replaced by an Independent Service Provider.

The deadline to file a Claim Form for covered past repairs has passed. For repairs that occurred prior to May 11, 2020, the deadline to file a claim for reimbursement was July 25, 2020. For repairs that occurred between May 11, 2020, and December 7, 2020, you must have submitted a Claim Form within seventy-five (75) days of the date of the repair.

Covered past repairs are those that occurred before December 7, 2020, that are related to a customer complaint of moldy, mildew-y, or similar odor emanating from the vehicle’s HVAC system. 

Examples include cleaning the evaporator (flushing, Wynn, Contra-Sept, and any other cleaning methods or services) and replacing the filter. Evaporator replacement is covered as a past repair only if the replacement was done at an Authorized Service Center. 

Only costs you paid out of pocket are eligible for reimbursement. If all or part of the repair cost was covered by Mercedes, you are not eligible for reimbursement of that amount.

Past owners and lessees can make claims for reimbursement of covered past repairs even if they no longer own the covered vehicle.

If you need a covered repair after December 7, 2020, please make an appointment at an Authorized Service Center for a future repair. There will be no reimbursements for costs you paid out of pocket for covered repairs performed after December 7, 2020.

A covered future repair is any repair to clean the vehicle’s evaporator and/or replace the filter that is performed at an Authorized Service Center on or after December 7, 2020.

You do not need to bring your vehicle in for a future repair until and unless you experience moldy, mildew-y odors emanating from the HVAC system.

Only current owners and lessees are eligible for future repairs. There is no coverage for vehicles over 10 years or 125,000 miles. In order to be eligible for coverage, your vehicle’s currently installed filter must be a Mercedes-Benz brand or other approved filter, and must have received proper service in reasonable compliance with the vehicle’s maintenance schedule for the two service intervals immediately prior to the requested repair.

The in-service date is the date the vehicle was originally sold/leased new to its first owner/lessee. If you are not the first owner/lessee, you can find this information on, for example, a Carfax report.

Yes, you are still eligible for reimbursement and future repairs until your vehicle reaches 10 years from in-service date or 125,000 miles.

Yes, even if you no longer have the vehicle, you are still eligible for reimbursement of covered past repair costs you paid for on your former vehicle. 

You are only eligible to file a claim for reimbursement if you paid the repair costs and were the owner or lessee at the time of repair.

Personal injury claims (i.e. claims about health effects stemming from moldy HVAC) are not included in this Settlement. If you have such claims, you can participate in the Settlement and you will not give up your right to sue the Defendants separately for your health-related claims.

To be considered complete, a claim must include the following items of proof:

1. Documentation showing that the vehicle received a covered past repair, the reason for the repair,* and the cost of the repair. Examples include, but are not limited to, repair orders, repair invoices, or other similar service center records;
2. Reasonable documentation that you paid for the repair, such as a credit card statement, an invoice showing a zero balance, a receipt showing payment, or other such proof; and
3. Proof that you owned or leased the vehicle at the time of the repair, such as a copy of the vehicle title, vehicle registration, bill of sale, vehicle lease agreement, insurance documentation, or financing documentation.

*A repair shall not qualify for reimbursement if the invoice or other documentation either omits the reason for the repair or describes an odor source other than moldy or mildew odors originating from the HVAC system.

If the repair was performed by an Independent Service Provider, the following conditions and requirements also apply in addition to the three mentioned above:

• You must provide proof that within a six-month period prior to the first past repair performed by the Independent Service Provider, the vehicle was diagnosed by an Authorized Service Center as having moldy or mildew-y odors originating from the HVAC system.
• The maximum reimbursement for a single past repair performed by an Independent Service Provider shall not exceed $300. If there were multiple past repairs performed by an Independent Service Provider, the total reimbursement shall not exceed $900.
• No reimbursement will be paid for replacement of the evaporator if it was replaced by an Independent Service Provider.

You must have submitted a Claim Form to qualify for reimbursement for past repairs. 

The deadline to file a Claim Form for covered past repairs has passed. For repairs that occurred prior to May 11, 2020, the deadline to file a claim for reimbursement was July 25, 2020. For repairs that occurred between May 11, 2020, and December 7, 2020, you must have submitted a Claim Form within seventy-five (75) days of the date of the repair.

If you need a covered repair after December 7, 2020, please make an appointment at an Authorized Service Center for a future repair. There will be no reimbursements for costs you paid out of pocket for covered repairs performed after December 7, 2020.

For covered past repairs:

The deadline to file a Claim Form for covered past repairs has passed. For repairs that occurred prior to May 11, 2020, the deadline to file a claim for reimbursement was July 25, 2020. For repairs that occurred between May 11, 2020, and December 7, 2020, you must have submitted a Claim Form within seventy-five (75) days of the date of the repair.

For covered future repairs:

Future repairs may be made from December 7, 2020, until your vehicle reaches 10 years from the in-service date or 125,000 miles.

This deadline has passed. You can no longer submit supporting documentation. 

Payment for all valid claims have been issued. No additional reimbursement payments will be issued.

You do not need to take any action now; future coverage is automatic for covered vehicles.

Beginning on December 7, 2020, if and when a moldy, mildew-y HVAC odor arises, you simply bring your vehicle to an Authorized Service Center to receive a future repair. All covered vehicles are eligible for unlimited future repairs until 10 years after their in-service date or 125,000 miles, whichever comes first. 

To determine coverage, a technician will perform an odor diagnostic test and verify that the source of the odor in the vehicle is mold or mildew odors originating from the HVAC system. To qualify for coverage, you must present the following items of proof to the Authorized Service Center at the time that coverage is requested:

1. Proof that the vehicle’s currently installed filter is a Mercedes-Benz brand or other approved filter. Such proof includes, but is not limited to, an Authorized Service Center employee examining the filter and determining whether it is an approved filter, a service center invoice indicating installation of an approved filter in the vehicle, or a receipt of purchase of an approved filter that was self-installed. In addition to Mercedes-Benz brand filters, filters from the following brands also qualify for coverage: Behr, Denso, Freudenberg, Mann-Hummel, and Valeo.
2. Proof that the vehicle timely received proper service in reasonable compliance with the vehicle’s maintenance schedule for the two service intervals immediately prior to the requested repair. Such proof includes, but is not limited to, documentation from an Authorized Service Center or Independent Service Provider indicating the vehicle’s maintenance history, information found in the Authorized Service Center’s own service records for the vehicle, or receipts of parts and materials used for maintenance that you performed on the vehicle.

Please confirm with the Authorized Service Center the amount of coverage that you will receive for the repair before submitting the vehicle for repair.

If you brought your covered vehicle to an Authorized Service Center to request coverage for a future repair and were, in your opinion, wrongfully denied coverage by the Authorized Service Center, you can contact Class Counsel at ClassCounsel@MercedesHVACSettlement.com for further assistance concerning your dispute. 

Please contact Class Counsel regarding any coverage dispute prior to obtaining and paying for the repair.

The deadline to file a Claim Form for covered past repairs has passed. For repairs that occurred prior to May 11, 2020, the deadline to file a claim for reimbursement was July 25, 2020. For repairs that occurred between May 11, 2020, and December 7, 2020, you must have submitted a Claim Form within seventy-five (75) days of the date of the repair. 

“Independent Service Provider” means any vehicle repair service provider other than an Authorized Service Center. 

Payment for all valid claims have been issued. No additional reimbursement payments will be issued.

Benefit distribution for approved claims has been completed. No additional reimbursement payments will be issued.

The Settlement Administrator reviewed all claims and determined eligibility and awards based on the terms of the Settlement Agreement.

Claimants with denied claims for a past repair reimbursement were informed by first class mail and instructed on how to appeal the determination. The deadline to dispute the denial has passed.

No appeals to the Settlement were filed, and all valid claims have been paid.

In exchange for participating in the Settlement, Class Members give up the right to sue Defendants on their own for claims that the HVAC systems in certain Mercedes-Benz vehicles are defectively designed such that they accumulate mold or mildew and emit related odors. Class Members will also be bound by any decisions by the Court relating to the Settlement.

Personal injury claims (i.e. claims about health effects stemming from moldy HVAC) are not included in this Settlement, therefore you are not giving up your right to sue the Defendants separately for any health-related claims.

If you sign the Claim Form, you will agree to a Release of claims which describes exactly the legal claims that you give up if you get Settlement Benefits. The Release is defined and detailed in the Settlement Agreement which can be found on the Important Documents page.

If you have any questions, you can talk to Class Counsel free of charge or you may talk to your own lawyer (at your own expense).

The Court held a Final Fairness Hearing on September 9, 2020, and granted final approval to the Settlement on September 11, 2020. You can review the Court's Order Granting Final Approval of Class Settlement and Granting Motion for Attorneys' Fees, Expenses, and Service Awards to the Class Representatives here.

The Court has appointed the below lawyers, known as Class Counsel, to represent all Class Members in connection with the Settlement. You can contact Class Counsel, confidentially and at no cost to you, and they will help you with any legal questions about your claim. If you want to be represented by a lawyer other than Class Counsel, you may hire one at your own expense.

Class Counsel asked the Court for attorneys’ fees of $5,200,000 and $200,000 in expenses, as well as service awards in the amount of $40,000 total for Class Representative Service Awards. Defendants agreed to pay these amounts on top of, not out of, Class Members’ recoveries. The costs to administer the Settlement will also be paid by Defendants. 

Class Counsel filed their motion for attorneys' fees and expenses on April 13, 2020. You can view Class Counsel’s motion for attorneys’ fees and expenses on the Important Documents page on this website. The Court granted the requested fees on September 11, 2020. You can review the Court's Order Granting Final Approval of Class Settlement and Granting Motion for Attorneys' Fees, Expenses, and Service Awards to the Class Representatives here.

No. The Court held a Final Fairness Hearing on September 9, 2020, at 10:30 a.m. Eastern Time, and Class Counsel was there to answer any questions Judge Totenberg had. 

The Final Fairness Hearing occurred on September 9, 2020, at 10:30 a.m. 

The deadline to object to the Settlement was July 25, 2020, and has passed.

If you are a Class Member and exclude yourself (opt out) from the Settlement, you are telling the Court that you do not want to participate in the Settlement. For that reason, you will not be eligible to receive any benefits from the Settlement and you will not be able to object to it, as it will no longer apply to you or bind you.

If you are a Class Member and you object to the Settlement, you are telling the Court you want to remain a part of the Class, but that there is something about the Settlement you do not like, and therefore you want the Court to deny approval of the Settlement and send the case back to litigation. If you object, and the Settlement is approved over your objection, you are still eligible to receive payment(s) from the Settlement (although you will not receive any payment until your objection is resolved).

The deadline to exclude yourself from the Settlement was July 25, 2020, and has passed. 

No. If you opted out (excluded yourself) from the Settlement, you will not receive any payment(s) or other benefits from the Settlement including covered future repairs.

No. Unless Class Members excluded themselves from the Settlement by July 25, 2020, they gave up any right to sue Defendants for the claims being released in this Litigation (Amin et al. v. Mercedes-Benz USA, LLC et al., Case No. 1:17-cv-01701-AT (N.D. Ga)), which are claims that the HVAC systems in certain Mercedes-Benz vehicles are defectively designed such that they accumulate mold or mildew and emit related odors.

If you have a pending lawsuit against any of the Defendants, speak to your lawyer as soon as possible. If you did not exclude yourself from this settlement, you might not be able to continue your own lawsuit.

If you do nothing, you will get no payment for reimbursement of past repairs, but you will still be eligible for coverage of future repairs. You will give up your rights to sue Defendants about the legal claims in this case.

Personal injury claims (i.e. claims about health effects stemming from moldy HVAC) are not included in the lawsuit or this Settlement – therefore even if you take no action you will not give up your right to sue the Defendants separately for your health-related claims.

No. 

You can contact Class Counsel for help with any legal questions, and they will help you at no cost to you. 

The Court has appointed the following lawyers, known as Class Counsel, to represent the Class Members in connection with the Settlement:

The Detailed Settlement Notice summarizes the Settlement and Class Members' rights and options. More details are contained in the Settlement Agreement. You can get copies of the Settlement Agreement, and more information about the Settlement, on the Important Documents page of this website. 

For a more detailed statement of the matters involved in the Litigation or the Settlement, you may review the various documents on the Important Documents page and/or the other documents filed in this case by visiting (during business hours) the Clerk’s office at the United District Court for the Northern District of Georgia, 2388 Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303-3309, File: Amin et al. v. Mercedes-Benz, USA, LLC, No. 1:17-cv-01701-AT, or by accessing the docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system.

Please do not – under any circumstances – telephone the Court or the Court Clerk’s office to inquire about the Settlement or the claim process. They do not have additional information and cannot help you with this process.

As provided in the Settlement Agreement, “Litigation Claims” means the claims asserted by Plaintiffs in the three actions constituting this Litigation: Amin et al. v. Mercedes-Benz USA, LLC et al., Case No. 17- CV-01701-AT (N.D. Ga.), pending in the United States District Court for the Northern District of Georgia; Bhatt et al. v. Mercedes-Benz USA, LLC et al., Case No. 16-CV-03171-TJH-RAO (C.D. Cal.), pending in the United States District Court for the Central District of California; and Biase et al. v. Mercedes-Benz USA, LLC et al., Case No. 18-CV-17128-MCA-MAH (D. N.J.), pending in the United States District Court for the District of New Jersey.