Consumers who bought or leased certain Mercedes-Benz 2021- 2022 EQS and S500 models equipped with an autonomous electronic braking system or EBS need to pay close attention to their lemon law rights.
According to a recent petition filed with the National Highway Transportation and Safety Administration (or NHTSA), certain Mercedes Benz EQS and S500 vehicles equipped with an autonomous electronic braking system suffer from a defect that may cause the electronic braking system to engage, even at high speed and without obstacles or impediments in the road.
This alleged Mercedes EBS defect can manifest without warning and cause the sudden and unexpected stopping of the vehicle.
An autonomous electronic braking system, or EBS, is a type of technology that is used in vehicles to automatically apply the brakes in emergency situations. This can help to reduce the severity of collisions and potentially even prevent them altogether.
EBS systems use sensors to monitor the road and traffic conditions, and they can automatically apply the brakes if they detect an obstacle or potential collision. This can help to reduce the risk of accidents, particularly in situations where the driver may not have enough time to react.
EBS systems are becoming increasingly common in modern vehicles, and they can be an important safety feature for drivers and passengers.
Owners or lessees of these vehicles should know that California’s lemon law and other state and federal laws may force Mercedes Benz to either “buy the vehicle back” or provide further significant compensation for those experiencing this defect.
Under California’s lemon law, qualifying “lemons” must be bought back, and that can mean a large cash refund and payoff of your loan or lease. The refund could be as much as everything you paid for the vehicle and everything you owe: monthly payments, down payments, tax, finance charges, license, and registration. You could even qualify for 2 times your money back. What Mercedes Benz would have to buy it for has nothing to do with how much the vehicle is currently worth.
The law has a formula that starts with you getting all your money back and then taking certain deductions and exclusions away from your payment. Those refunds and exclusions are challenging to understand and can be fought against by knowledgeable consumer attorneys.
Mercedes EBS defect – Frequently Asked Questions
Is there a Mercedes class action lawsuit over this alleged EBS defect?
No class action lawsuit has been filed over the EBS defect at this time.
What are my options if I am experiencing this defect?
With vehicles, what to do can be a complicated decision, as it can depend on many factors. These factors include:
- how old is your car?
- has the defect occurred in your car?
- have you taken it in for repairs on more than one occasion?
- do you still own the car?
- is the car still under warranty?
- Where do you live?
We are available to help you sort through these questions and make an informed decision.
What are Mercedes owners reporting to NHTSA?
The NHTSA complaints allege the existence of an EBS defect in certain Mercedes Benz EQS and S500 vehicles equipped with an autonomous emergency braking system which can cause the EBS system to engage, even at high speed and without obstacles or impediments in the road.
This reported EBS defect can manifest without warning and cause the sudden and unexpected stopping of the vehicle.
The complaints have not yet resulted in a formal investigation, but they have just recently been submitted to NHTSA.
What are the affected Mercedes models?
Mercedes-Benz 2021-2022 EQS and S500 models equipped with an autonomous electronic braking system or EBS.
How many vehicles are impacted by this alleged EBS defect?
Although the exact number and model years of vehicles affected are unknown, based upon the number of Mercedes Benz vehicles manufactured for sale in the U.S., the number of affected vehicles could be in the tens of thousands.
Does the EBS defect violate the vehicle warranty?
Mercedes Benz offers a basic comprehensive warranty, which starts on the sale date of the new vehicle and lasts for 4-years or 50,000-miles whichever occurs first.
The factory warranty is extended if a Mercedes Benz dealership sells the vehicle as a Certified Pre-Owned.
This safety-related defect may be covered by Mercedes warranties even if the vehicle’s current mileage exceeds basic warranty limits.
Are Mercedes with the EBS system defect unsafe?
According to the complaints, the effects of the EBS defect pose such a safety concern that the National Highway Transportation and Safety Administration’s Office of Defect Investigations or ODI have received and are reviewing these complaints. However, they have not yet opened a formal investigation of this reported problem.
Any vehicle whose defective EBS system causes or makes it prone to stop unexpectedly at high speeds poses a safety risk.
Have the consumers been offered anything to resolve this issue?
Not at this time.
What is the Song Beverly Warranty Act?
The Song-Beverly Warranty Act, California Civil Code §1793.2(d)(1), is a California state law that requires manufacturers to repair defects after a reasonable number of repair attempts. What is “reasonable” is not part of hard and fast rules – safety defects should be fixed immediately, for example. The defects must be important and must “substantially impair the vehicle’s use, value, OR safety.” Civil Code §1793.22(e)(2).
Under Civil Code §1793.2(d)(1), manufacturers must promptly offer repurchase or replacement of the Vehicle they cannot fix in a reasonable time frame. In addition, Civil Code §1794(c) and §1793.2(d) provide that customers may receive a civil penalty up to two times the actual damages if manufacturers acted “willfully” (meaning knowingly, but not necessarily with wrongful or malicious intent) in ignoring or failing its duty under Song-Beverly.
Finally, under Civil Code §1794(d), manufacturers such as Mercedes Benz must pay the plaintiff’s attorney’s fees and costs as part of the settlement, as the Song-Beverly Act is a pro-consumer fee-shifting statute.
What compensation could I get if I bring a lemon law lawsuit?
Current or former owners should be aware that the California lemon law and other state and federal laws may force Mercedes Benz to either “buy the vehicle back” or provide other important compensation. Under California’s lemon law, qualifying “lemons” must be bought back, and that can mean a large cash refund and payoff of your loan or lease.
The refund could be as much as everything you paid for the vehicle and everything you owe: monthly payments, down payments, tax, finance charges, license, and registration. You could even qualify for two-times your money back.
What Mercedes Benz would have to buy it for has nothing to do with how much the vehicle is currently worth. There is a formula in the law that starts with you getting all your money back and then taking certain deductions and exclusions away from your payment.
Those refunds and exclusions are difficult to understand and can be fought against by knowledgeable lemon law attorneys. Don’t settle for small dollar payments or more possible fixes without speaking to a qualified consumer attorney with your individual best interest in mind.
