Is there anything illegal about this demonstration?

[BadBalanceShaft]

I live in MD. My Mercedes was recently diagnosed with a bad balance shaft which costs $6,000+ to repair and is known to be a factory defect. Mercedes won a class action suite on this matter in NJ. After Mercedes refusing to cover the cost of the repair, my next course of action is to make this known to the public in hopes that the poor exposure makes them change their mind. Is there anything illegal about towing the car behind my truck with a large sign in the bed that reads:

$6,000 FACTORY DEFECT
AFFECTS WIDE RANGE OF MODELS
BUYER BEWARE

I see it as a peaceful demonstration. I wouldn't be harassing anyone or disturbing the peace, simply spreading the word.

 

[tranquility]

If you follow the rules of the road, it would not be "illegal". But, I guarantee that long before they cared enough to change their mind, they would sue you for defamation. They would probably win too. Unless YOU could prove it is, in fact, a factory defect. Not just suspect, but prove.

Why was the class action lost?

 

[justalayman]

Mercedes moved to dismiss the express warranty cause of action on the ground that the failures in plaintiffs' vehicles occurred outside of the 4-year/50,000 mile warranty. Plaintiffs argued that the "defect" was latent in the vehicle during the warranty period, but the court noted that "[c]ourts have consistently rejected claims that a latent defect was present in a vehicle from the date of manufacture, when that defect did not manifest itself until outside of the warranty period." Slip op. at 6 (citations omitted).
Plaintiffs also argued that the warranty was unconscionable because it did not cover the expected useful life of the balance shaft gear. The court rejected that argument, too. It noted that merely knowing that a product might fail after the expiration of the warranty is not enough to make a limited warranty unconscionable. Slip op. at 7. Moreover, plaintiffs' use of their vehicles during the warranty period without failure simply cannot be classified as "nominal" use of the product. Slip op. at 8.
As for the breach of implied warranty claim, the court focused on the fact that plaintiffs drove their cars for the full warranty period without incident: "It is simply not plausible that a motor vehicle could be classified as not merchantable when it has been used for its intended purpose for 4 years and 50,000 miles." Slip op. at 9

.

it was quite simple; MB never claimed to warranty the car forever and they are not required to.


While I have seen other car manufacturers extend warranties or pay for repairs that were actually outside of warranty when issues such as this cropped up, apparently MB doesn't believe they need to worry about customer retention like those manufacturers did.

 

[tranquility]

It seems the case(s) were tossed in summary judgment on standing and other grounds. There has not been a legal determination that I see there is a "factory defect".

 

[BadBalanceShaft]

If you follow the rules of the road, it would not be "illegal". But, I guarantee that long before they cared enough to change their mind, they would sue you for defamation. They would probably win too. Unless YOU could prove it is, in fact, a factory defect. Not just suspect, but prove.

Why was the class action lost?

OK, thank you.

What if it was to say something easily proven, like:

$6,000+ REPAIR QUOTE
AFTER WARRANTY; BEFORE 100k MILES
SEARCH: MERCEDES BALANCE SHAFT

I understand that the warranty was never supposed to be forever, but I don't think it's unreasonable to expect the manufacturer to take responsibility for a defect affecting thousands of vehicles which can cause catastrophic engine failure. Maybe it hasn't been proven that the sprocket was defective, but Mercedes claims that once you repair it, you never have to worry about it again. Plenty of cars experienced the failure during the warranty period (I've heard in the 30k mile range for some). So if the part is not defective, how can they claim that the new part will prevent this issue from ever happening again? I don't know where the information originated, but I have heard that the new part is properly manufactured and that's the difference. They had a bad batch, it happens. I'm surprised nobody ever performed a hardness test on the old and new sprockets when preparing for the class-action suite.

If the timing chain slips off of the sprocket, valves and pistons will try to occupy the same space and the engine will be a total loss. Best case, by the time the check engine light comes on, you already have metal shavings in your oil. Instead of addressing the issue before it caused damage, they let it eat and let the customer bear the burden of their mistake. Legal or not, I believe it is immoral and it's certainly not a good way to win the trust of the consumer.

Maybe I sound like a whiny little kid, but it just makes me sick to think that I'm going to pay them to fix this, and they are going to turn a profit. If there's any way to not be a victim of circumstances, I want to give it a shot.

 

[Mass_Shyster]

it just makes me sick to think that I'm going to pay them to fix this, and they are going to turn a profit. If there's any way to not be a victim of circumstances, I want to give it a shot.

Find an independent mechanic.

 

[quincy]

I live in MD. My Mercedes was recently diagnosed with a bad balance shaft which costs $6,000+ to repair and is known to be a factory defect. Mercedes won a class action suite on this matter in NJ. After Mercedes refusing to cover the cost of the repair, my next course of action is to make this known to the public in hopes that the poor exposure makes them change their mind. Is there anything illegal about towing the car behind my truck with a large sign in the bed that reads:

$6,000 FACTORY DEFECT
AFFECTS WIDE RANGE OF MODELS
BUYER BEWARE

I see it as a peaceful demonstration. I wouldn't be harassing anyone or disturbing the peace, simply spreading the word.

I have a feeling that, long before you attract the attention of Mercedes and an unlikely defamation claim, you will run up against Maryland state, city, town, township or county laws, rules, regulations and local ordinances that regulate the towing of vehicles, and the size and placement of signs. Even parking cars with for sale signs on them has led to ticketing under some (unconstitutional?) ordinances in areas of Maryland.

You should contact your local police agency to learn the laws that may restrict what you can and cannot do to protest the factory defect.

 

[OHRoadwarrior]

You actually sound like a whiny RICH kid. Vehicles have latent defects. If you want to minimize your chances of getting one, wait several years after the model and drive train come out. I have had 2 similar vehicles one was a Dodge the other a Chevy. I disposed of both at a loss after just over 100k. Put on your big boy panties and deal with it.

 

[BadBalanceShaft]

Find an independent mechanic.

I can do the work myself, but there's only one source for parts, they'll make money either way.

You actually sound like a whiny RICH kid. Vehicles have latent defects. If you want to minimize your chances of getting one, wait several years after the model and drive train come out. I have had 2 similar vehicles one was a Dodge the other a Chevy. I disposed of both at a loss after just over 100k. Put on your big boy panties and deal with it.

I'm not rich nor is my family, but thanks for your opinion. I bought the car used, 2 years old, and the defect was just starting to become apparent as the cars reached higher mileage. If I were to pay someone to do the work and then try to sell it, I might have a few thousand bucks to put towards my next car. I'll probably end up just paying for the parts and repairing it myself, selling it, and buying an old car next.

Thanks to all that gave advice. I'm glad I didn't let my frustration drive me to do something stupid.

 

[justalayman]

It won't happen again because they redesigned the part. Don't recall the year but Otis easily researched. As to valves and pistons occupying the same space: is the involved engine model an interference engine. If not, the valve piston collision is not a concern. If it is, you repair proactively just like many of the cars where. You change the timing belt based on mileage, not that it broke or was so worn it slipped.

 

[OHRoadwarrior]

It won't happen again because they redesigned the part. Don't recall the year but Otis easily researched. As to valves and pistons occupying the same space: is the involved engine model an interference engine. If not, the valve piston collision is not a concern. If it is, you repair proactively just like many of the cars where. You change the timing belt based on mileage, not that it broke or was so worn it slipped.

One of the cars that was trashed I owned, was a zero tolerance, with a 60k belt interval. At 51k in the second interval it broke. To repair the damage was almost as much I paid for the car, unless I rolled the dice on a used engine, which cost as much as the loss I took on sale. I sold it from the side of the road to a dismantler, who had a used engine in a wrecked car.

 

[justalayman]

One of the cars that was trashed I owned, was a zero tolerance, with a 60k belt interval. At 51k in the second interval it broke. To repair the damage was almost as much I paid for the car, unless I rolled the dice on a used engine, which cost as much as the loss I took on sale. I sold it from the side of the road to a dismantler, who had a used engine in a wrecked car.

You won't win every time but generally you do when you follow the schedule

 

[Ben T]

I can do the work myself, but there's only one source for parts, they'll make money either way.

Are there any reference to a class action, or summary judgement on your issue? I am looking at class actions for Mercedes....and there are quite a few.

Cheers,

Ben T - first time poster on this law forum