NHTSA Complaint #10925525 — 2009 MERCEDES-BENZ E350

OUR 2009 MERCEDES E350 HAS ONLY 39,574 MILES ON IT. ON OCTOBER 26, 2016, THE CHECK ENGINE LIGHT CAME ON, THE VEHICLE STARTED SHAKING, AND THERE WAS NO POWER WHEN ACCELERATING. IT WAS TOWED TO THE MERCEDES DEALERSHIP IN ARCADIA, CA. WE WERE TOLD BY THE DEALERSHIP THAT THE CAM ADJUSTER WAS DEFECTIVE AND WOULD NEED TO BE REPLACED AT A COST OF $2,671. BECAUSE THE CAR HAS BEEN DRIVEN FOR LESS THAN 40,000 MILES, WE ASKED THE DEALERSHIP'S SERVICE AND PARTS DIRECTOR IF MERCEDES WOULD STAND BEHIND THE QUALITY OF THEIR PRODUCTS AND HELP US WITH THE SAFETY ISSUE. HE TOLD US TO CALL THE MERCEDES CUSTOMER SERVICE AT 800-222-0100. AN "EXECUTIVE REFERRAL MANAGER" NAMED IRENE GAVE US A CALL AND SAID THAT THE OFFER FROM MERCEDES WAS A 15% DISCOUNT. BASED ON OUR PREVIOUS EXPERIENCE, THAT IS THE STANDARD DISCOUNT MERCEDES GIVES FOR ITS SERVICE IN CASES WHICH DO NOT INVOLVE A DEFECTIVE PART. IRENE TOLD US THERE WAS NO FURTHER DISCOUNT BEING OFFERED BY MERCEDES. A SEARCH REVEALED A CLASS ACTION LAWSUIT FILED AGAINST MERCEDES BENZ USA IN THE UNITED STATES DISTRICT COURT - NORTHERN DISTRICT OF CALIFORNIA CASE NO. 12-CV-05493 (TEH) FOR PERSONS WHO HAVE PURCHASED OR LEASED MERCEDES-BENZ VEHICLES MODEL YEARS 2005-2007 EQUIPPED WITH M272 OR M273 ENGINES. THE SUIT WAS SETTLED BY MERCEDES WITH THE PLAINTIFFS WHO ALLEGED A DEFECT IN BALANCE SHAFT SPROCKETS IN M272 (V-6) ENGINES THAT CAUSE THE GEARS TO WEAR PREMATURELY. THE PLAINTIFFS CONTEND THAT MERCEDES-BENZ USA, LLC ("MBUSA") HAD A DUTY TO DISCLOSE THIS INFORMATION TO CONSUMERS AT THE TIME THEY PURCHASED THEIR VEHICLES. BASED ON THIS CONDUCT, PLAINTIFFS ALLEGE CLAIMS FOR VIOLATIONS OF THE NEW JERSEY CONSUMER FRAUD ACT, CALIFORNIA'S CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION LAW. WE BELIEVE THAT THIS IS A SAFETY PROBLEM IN SOME E350S WHICH MBUSA KNOWS ABOUT AND THAT THEY SHOULD REPAIR IT FOR PUBLIC SAFETY REASONS.