NHTSA ID Number: 10187780
Manufacturer Communication Number: UPDATED NCU to D
TSB/Document Date: 2021-03-01
Summary
To enhance the satisfaction of our customers, avoid further costs of litigation and return focus to its core businesses, Mercedes-Benz
USA, LLC (MBUSA) has entered into a settlement regarding claims relating to allegations that the ?590 Mars Red? paint available as an original, exterior color option for certain models of Mercedes-Benz
vehicles may experience peeling, flaking, or bubbling of the exterior paint or clear coat. This ?Mars Red? paint is sometimes referred to as ?Fire Opal.? A motion for approval of the settlement was filed with the Court on December 21, 2020. The settlement must receive final approval from the court before it takes effect. As part of the settlement, MBUSA has agreed to offer sliding-scale warranty coverage for certain vehicles to repaint any non-plastic exterior surface of a Subject Vehicle because of peeling, flaking, or bubbling of the exterior paint or clear coat. This warranty coverage does not cover repainting necessitated by external influences such as automobile accidents, scratches, or road debris. Warranty coverage will not take effect until the settlement is judicially approved and other events occur. If the settlement becomes effective, coverage will include inspection of the vehicle to diagnose the possible cause of any observed peeling, flaking, or bubbling of the exterior paint or clear coat.
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TSB/Document ID: UPDATED NCU to D
Replacement Service Bulletin Number:
MFR Communication Date: 2021-01-13
MFR Internal Campaign ID/Software Version:
Communication Type: Service Bulletin/Repair Instructions
NHTSA Components: STRUCTURE
MFR Component System:
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MERCEDES-BENZ
USA, LLC
One Mercedes-Benz
Dr.
Sandy Springs, GA, 30328
Phone: (770) 705-0600
Fax: (770) 705-0117
MBUSA.com
Mercedes-Benz
Dealer Principals, General
Managers, Service Managers, Warranty
Administrators and Bookers
RE: Updated: Mars Red Paint Service Warranty
Coverage: Various Models (see provided list)
TO:
Joe Haller, Department Manager, Warranty
Greg Gunther, Department Manager, Vehicle
Compliance & Analysis
FROM:
DATE:
January 13, 2021
Mars Red Paint SERVICE WARRANTY COVERAGE
(Not Effective until Court approved)
To enhance the satisfaction of our customers, avoid further costs of litigation and return focus to its core
businesses, Mercedes-Benz
USA, LLC (MBUSA) has entered into a settlement regarding claims relating to
allegations that the “590 Mars Red” paint available as an original, exterior color option for certain models of
Mercedes-Benz
vehicles may experience peeling, flaking, or bubbling of the exterior paint or clear coat. This
“Mars Red” paint is sometimes referred to as “Fire Opal.”
A motion for approval of the settlement was filed with the Court on December 21, 2020. The settlement must
receive final approval from the court before it takes effect. As part of the settlement, MBUSA has agreed to offer
sliding-scale warranty coverage for certain vehicles to repaint any non-plastic exterior surface of a Subject
Vehicle because of peeling, flaking, or bubbling of the exterior paint or clear coat. This warranty coverage does
not cover repainting necessitated by external influences such as automobile accidents, scratches, or road debris.
Warranty coverage will not take effect until the settlement is judicially approved and other events occur. If the
settlement becomes effective, coverage will include inspection of the vehicle to diagnose the possible cause of
any observed peeling, flaking, or bubbling of the exterior paint or clear coat.
Which Vehicles: The warranty coverage provided by the settlement applies to the following vehicle types
(“Subject Vehicles”):
•
•
•
•
•
•
•
•
•
•
•
•
•
•
C-Class (model years 2004-2015)
GLK-Class (model years 2010-2015)
CLS-Class (model years 2006-2007, 2009, 2014)
CLK-Class (model years 2004-2009)
S-Class (model years 2008, 2015, 2017)
SL-Class (model years 2004-2009, 2011-2017)
CL-Class (model years 2005-2006, 2013-2014)
SLS-Class (model years 2014-2015)
E-Class (model years 2005-2006, 2010-2017)
G-Class (model years 2005, 2011-2017)
GT-Class (model years 2016-2018)
SLC-Class (model years 2017)
SLK-Class (model years 2005-2016)
Maybach
57 (model year 2008).
MERCEDES-BENZ
USA, LLC
One Mercedes-Benz
Dr.
Sandy Springs, GA, 30328
Phone: (770) 705-0600
Fax: (770) 705-0117
MBUSA.com
Does this Settlement mean that the Subject Vehicles are defective?: No. The court has not decided in favor of the
plaintiffs. MBUSA denies the material factual allegations and legal claims asserted by the plaintiffs and settlement class
members, including allegations that the “590 Mars Red” paint is defective in any way.
Why is MBUSA settling this litigation?: MBUSA has agreed to settle this litigation to enhance the satisfaction of its
customers, avoid further costs of litigation, and return focus to its core business. MBUSA denies the material factual
allegations and legal claims asserted by the plaintiffs and settlement class members, including allegations that “590 Mars
Red” paint is defective in any way.
Why might a vehicle’s Mars Red paint experience peeling, flaking, or bubbling of the exterior paint or clear coat?:
Peeling, flaking, or bubbling of the exterior paint or clear coat can occur due to a wide range of potential causes, including
improper maintenance and external influences such as automobile accidents, scratches, road debris, chemical burn, tree
sap, or bird droppings. An authorized Mercedes-Benz
Service Center will need to inspect a vehicle to diagnose the
possible cause of any observed peeling, flaking, or bubbling of the exterior paint or clear coat.
Does peeling, flaking, or bubbling of the exterior paint or clear coat mean the vehicle is defective?:
No. Peeling, flaking, or bubbling of the exterior paint or clear coat can occur due to a wide range of potential causes,
including improper maintenance and external influences such as automobile accidents, scratches, road debris, chemical
burn, tree sap, or bird droppings. An authorized Mercedes-Benz
Service Center will need to inspect a vehicle to diagnose
the possible cause of any observed peeling, flaking, or bubbling of the exterior paint or clear coat.
Goodwill Coverage No Longer Allowed – In light of the significant benefits that will be provided under the settlement
agreement if and when it goes into effect, the Subject Vehicles are no longer eligible for goodwill coverage for the repairs
described in LI98.00-P-058914. In the event a customer wishes to have a repair under LI98.00-P-058914 performed
prior to the settlement taking effect, he or she must pay for the repair out of pocket, retain receipts, and submit a claim
for reimbursement pursuant to the requirements of the settlement agreement. A description of the benefits that the
settlement agreement will provide, if approved by the court, will be provided through the Settlement website. The
settlement website will be communicated at a later date.
What benefits does the Settlement provide?: As part of the settlement, MBUSA has agreed to perform the repairs
described in LI98.00-P-058914 to repaint any non-plastic exterior surface of a Subject Vehicle because of peeling,
flaking, or bubbling of the exterior paint or clear coat not caused by external influences such as automobile accidents,
scratches, or road debris. If and when the Settlement is approved by the court and goes into effect, extended warranty
coverage will be provided on a sliding-scale for Subject Vehicles with fewer than 15 years from the original warranty start
date and fewer than 150,000 miles, whichever comes first, and is limited to refinishing of affected areas only, in
accordance LI98.00-P-058914.
More detailed information concerning the scope and conditions of warranty coverage will be provided in a subsequent
News Channel Update when the settlement has become effective and customers become eligible to receive warranty
coverage under the settlement.
Are owners/lessees of Subject Vehicles eligible for warranty coverage under the Settlement now?
No. The settlement will not take effect until after it has received final approval from the court and any appeals have been
exhausted in favor of the settlement. A subsequent News Channel Update will be provided through normal channels
when the settlement has become effective and customers become eligible to receive warranty coverage under the
settlement.
MERCEDES-BENZ
USA, LLC
One Mercedes-Benz
Dr.
Sandy Springs, GA, 30328
Phone: (770) 705-0600
Fax: (770) 705-0117
MBUSA.com
What if an owner or lessee of a Subject Vehicle needs a Qualified Repair prior to the settlement taking effect?
If a customer has a Qualified Repair performed on his or her vehicle prior to the settlement taking effect, such customer
may submit a claim for reimbursement as a Qualified Past Repair in accordance with the terms of the Settlement. When
MBUSA is authorized to communicate more information about the Settlement, it will be done through a dedicated
Settlement website.
For all other inquiries: When MBUSA is authorized to communicate more information about the Settlement, it will be
done through a dedicated Settlement website. A subsequent News Channel Update will provide the Settlement website
address when the settlement has been approved by the court and becomes effective.
While we regret any inconvenience this may cause, MBUSA is determined to maintain a high level of vehicle
quality and customer satisfaction.
Should you have any questions, Please contact the Customer Assistance Center at 1-800-FOR-MERCEDES
.
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