U.S. District Judge Franklin S. VanAntwerpen has approved a settlement worth more than $32 million in a class action suit against Mercedes Benz brought by owners of cars manufactured from 1998 to 2001 who claimed they were never warned that use of non-synthetic motor oils would cause premature engine wear.
As part of the settlement, 351,439 class members will each receive a $35 voucher toward a scheduled service, which includes an oil change. Mercedes-Benz USA also agreed to modify its warranty to cover the costs of repairing any damage caused by the problem.
Plaintiffs claimed that Mercedes-Benz vehicles were equipped with a defective “Flexible Service System”. The system is designed to monitor the vehicle’s driving condition and alert drivers when the car requires an oil change. The alleged problem with the FSS occurs when the driver uses conventional oil instead of synthetic oil.
In March 2001, Mercedes-Benz sent all vehicle owners a letter that recommended switching over to pure synthetic oils for all FSS-equipped cars to prevent engine damage.
(via The Legal Intelligencer)
12 responses so far ↓
John Herrell // Sep 21, 2004 at 12:50 pm
Have a 1999 MBZ ML 430, what type of motor oil should I be using or the mercedes dealer where I get my car serviced. Please let me know as soon as possible. Thanks John
Walter Price // Nov 6, 2004 at 12:10 pm
I have an engine failure on my 1999 ML320 which happens on Nov. 1st, 2004. Does this class action effect my truck and I can also claim the benefits?
tony // Feb 20, 2005 at 5:49 pm
Is this a persistent, ongoing problem for the engine? or is it easily corrected with an a complete oil change?
Chris Gardner // Mar 23, 2005 at 5:16 am
I just saw this site. Last year my 2.7 went due to the sludge factor. I had to get another engine installed. Cost me little over $ 3,000.00 Can. for a used engine. Any way to recoup some if not all of the cost? I use synthetic with an additive every 5000 kms. No problem now………..or ?????
Kris // Apr 12, 2005 at 2:56 pm
I have the problem with my 1999 clk. They first have to do an oil consumption test. I went to 2 different dealer ships. It was not until I went to an outside mechanic that he told me about the oil consumption lawsuit. Basically I then called the warranty department whom I told I was contacted about this problem. I am trying to get in touch with these attorneys to see about doing this. Since my car is out of th standard warranty, they want me to pay for a loaner. I will let you know how this pans out.
Kris // Apr 12, 2005 at 8:01 pm
I have the problem with my 1999 clk. They first have to do an oil consumption test. I went to 2 different dealer ships. It was not until I went to an outside mechanic that he told me about the oil consumption lawsuit. Basically I then called the warranty department whom I told I was contacted about this problem. I am trying to get in touch with these attorneys to see about doing this. Since my car is out of th standard warranty, they want me to pay for a loaner. I will let you know how this pans out.
gabriel ionita // Jun 14, 2005 at 7:53 am
i just bought a 1999 ml 320 38000 miles , found some sludge and oil deposits under the oil cap, flushed the engine 2-3 times and put in it amsoil 10-40 syntetic oil , in 35000 miles burn a little over a half a quart, at what point they’ll do oil consumption test and what are the steps to fix the problem ?
gabriel ionita // Jun 14, 2005 at 8:05 am
i just bought a 1999 ml 320 38000 miles , found some sludge and oil deposits under the oil cap, flushed the engine 2-3 times and put in it amsoil 10-40 syntetic oil , in 3500 miles burn a little over a half a quart, at what point they’ll do oil consumption test and what are the steps to fix the problem ?
Leonard Conner // Jun 21, 2005 at 2:43 pm
I have a ‘98 ML320 with 75k miles. Is it worth it to switch to synthetic oil at this point?
susan // Aug 14, 2005 at 6:24 am
My 2000 E320 has used lots of oil since it had 60000 miles.(Actually it has had nothing but problems since it was brand new.) Until recently, Mercedes has taken the position that this excessive use of oil and constant oil sludge around the oil cap was normal. Finally, after failing the oil consumption test (that I paid for two times) they took it in and repaired the oil consumption problem that was paid for by Mercedes. Unfortunately, they returned the car with another new problem: hesitating, jumping and no pick up power. They are now telling me the car is operating on 4 cylinders because the catalytic converter has deteriorated and it will cost $2100 to replace.the car now has 90000 miles and I find it unusual that the car was running smoothly until they repaired it. Does anyone know anything about this? Could they have damaged it?
Nancy Leiter // Sep 21, 2005 at 8:11 am
My 2000 E 320 is still under the extended 100000 mile warranty but it has burned a quart of oil every 10000 miles since it reached 60000 miles. there are no oil drips under the car. there is no stream of smoke or fumes. and i see no “oil sludge around the cap.”
i have faithfully taken the car for its service as required and replaced the oil purchased from mercedes. SO WHAT IS THE PROBLEM THAT IT NEEDS OIL EVERY 10000 MILES? the car has 88500 miles and is now indicating that it needs a second quart!
in addition to this problem, the car shakes/vibrates every now and then, HAS A TERRIBLE TIME FINDING THE GEARS when stopping and then going down a hill.
ANOTHER ANNOYING PROBLEM is the lights that keep burning out . my car CONSTANTLY has at least one light out. (i have had two lights out since 81000) miles).
Henry Berko // Sep 26, 2005 at 10:10 am
I have a 1999 MB 320 4matic SW with about 102,500 miles on it. Drives pretty good, but may have some future transmission problems. On two seperate occasions (far between) I believe the transmission slipped, but repaired itself immediately. I also have been having the exact problem’s (oil burning to fast and having to change bulbs) decribed it Nancy Leiter’s comments. Is their a class action suit out there that was won or in negotiation regarding these problems or a recall.
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