Australian law firm Gerard Malouf and Partners (GMP Law) has filed legal proceedings in the Victorian Supreme Court against German automaker Mercedes-Benz over its alleged use of ‘cheat devices’ to manipulate diesel gas emissions readings during testing.
The allegation is similar, but not the same, as Volkswagen’s ‘dieselgate’, when the Beatle-maker was found to be using cheat devices in U.S. emissions testing for its new diesel-powered cars.
The argument brought by GMP Law against Mercedes-Benz is that allegedly harmful levels of nitrogen oxide were being emitted from the exhaust of implicated vehicles in a way that wasn’t appearing in regulatory testing, with the claim alleging it was as if Mercedes-Benz was using a cheat device. This would make diesel Mercedes-Benz vehicles appear more eco-friendly than petrol alternatives.
Nitrogen oxide is a very harmful gas. In high enough quantities, it can damage crops and reduce growth. In humans, it can cause damage to the respiratory tract and can increase the risk of respiratory infections and asthma.
The lawsuit involves Mercedes-Benz diesel vehicles, new and secondhand, released between January 2008 and December 2018.
Before we go any further, it’s important to note what a Mercedes-Benz Australia spokesperson told Gizmodo Australia.
“Whilst we have seen certain media reports regarding a potential class action, we have not yet received any court documents in relation to this matter,” they said.
“Based on information observed in media reports, we believe the claims are without merit and we would strongly defend any such legal proceedings.”
In a statement, however, GMP Law said it was “committed to taking to task car manufacturers that flagrantly take advantage of consumers worldwide, particularly honest Australians in this climate conscious world”.
“Owners and lessees of affected vehicles appear to have been misled about the performance of their vehicles.
“We are seeking to hold Mercedes-Benz accountable for its actions. We will fight for compensation on behalf of owners and lessees of affected Mercedes vehicles.”
Business News Australia reports that the Australian lawsuit is strengthened by an information-sharing arrangement GMP Law has with Hagens Berman Sobol Shapiro. This law firm achieved a $1 billion settlement in 2020 from Mercedes-Benz in the U.S. following a different lawsuit.
If you bought or leased a diesel Mercedes-Benz manufactured between January 2008 and December 2018, then you may be entitled to compensation. GMP Law is encouraging owners to join its legal case.
This article has been updated since it was originally published.