You have been identified as a potential Class Member who may own or lease or may have owned or leased a Subject Vehicle that is covered by this Settlement. You have legal rights and options that you may have exercised before the Court decided whether to approve the Settlement. The notice was approved by the Court and summarizes the Settlement. For the precise terms and conditions of the Settlement, please review the Settlement Agreement, available on the Important Documents page of this website. The lawsuit is known as Pinon et al. v. Mercedes-Benz USA, LLC and Daimler AG, United States District Court for the Northern District of Georgia, Case No. 18-CV-03984-MHC.

The Plaintiffs allege that the “590 Mars Red” paint available as an original, exterior color option for certain models of Mercedes-Benz vehicles is defective in that it may experience peeling, flaking, or bubbling of the exterior paint or clearcoat. Defendants Daimler AG and Mercedes-Benz USA, LLC deny the allegations in the lawsuit and deny they acted improperly or did anything wrong.

In a class action lawsuit, one or more people called class representatives sue on behalf of other people alleged to have similar claims. If the court certifies a class, the people together are a Class or Class Members. The people who sued—and all the Class Members like them—are called the Plaintiffs. The companies they sued are called the Defendants. One court resolves the issues for everyone in the Class, except for those people who choose to exclude themselves from the Class.

The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a Settlement they believe is fair, reasonable, and adequate, after considering the risks and costs of continued litigation. The Plaintiffs and Class Counsel believe the Settlement confers substantial benefits on the Class and have determined that the Settlement is in the best interest of the Class and represents a fair, reasonable, and adequate resolution of the lawsuit.

Defendants deny the claims in the lawsuit; deny all allegations of wrongdoing, fault, liability, or damage to the named Plaintiffs and the Class; deny that the Subject Vehicles’ 590 Mars Red paint is defective; and deny that they acted improperly or wrongfully in any way. Defendants nevertheless value their relationship with their customers and recognize the expense and time that would be required to defend the lawsuit through trial and have taken this into account in agreeing to this Settlement.

Everyone who fits the following description and has not opted out of the Settlement will be a Class Member: All current owners, former owners, current lessees, and former lessees of any Mercedes-Benz vehicle originally painted with 590 Mars Red paint and purchased or leased in the United States.

Excluded from the Class are: (a) persons who have settled with, released, or otherwise had claims adjudicated on the merits against Defendants that are substantially similar to the Litigation Claims (i.e., alleging that 590 Mars Red paint is inadequate, of poor or insufficient quality or design, or defective, due to peeling, flaking, bubbling, fading, discoloration, or poor adhesion of the paint or clearcoat); (b) Defendants and their officers, directors and employees, as well as their corporate affiliates and the corporate affiliates’ officers, directors and employees; (c) counsel to any of the parties; and (d) the Honorable Mark H. Cohen, the Honorable James Holderman (ret.), and members of their respective immediate families.

The Court entered an Order Granting Final Approval of Settlement, Certifying Class, and Awarding Attorneys' Fees and Expenses ("Final Approval Order") on November 30, 2021. The Final Approval Order was appealed to the U.S. Court of Appeals for the Eleventh Circuit on December 29, 2021, and a hearing was held on April 27, 2023. On November 27, 2023, the Court Approved the Class Settlement. The Settlement Effective Date will be March 11, 2024.

A Subject Vehicle is defined as any Mercedes-Benz originally painted with 590 Mars Red paint and purchased or leased in the United States. 590 Mars Red paint was offered as an original, exterior color option for the following Mercedes-Benz vehicle types in the United States: 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) and Maybach 57 (model year 2008).

If you are still unsure whether you are included, you can email the Settlement Administrator at info@MarsRedPaintSettlement.com.

The Settlement provides two benefits to Class Members: reimbursement for Qualified Past Repairs and coverage for Qualified Future Repairs to address peeling, flaking, or bubbling of the Subject Vehicle’s exterior paint or clearcoat. To find out how much of the cost for repairs will be reimbursed or covered, the following time and mileage periods apply.

Period One is defined as the time period during which the Subject Vehicle has or had fewer than seven years (84 months) or 105,000 miles from the Subject Vehicle’s original in-service date, whichever occurred first. Qualifying Past Repairs that occurred during Period One will be reimbursed at 100% of the out-of-pocket cost paid subject to certain limitations in the Settlement Agreement, and the cost of Qualifying Future Repairs during Period One will be covered for 100% of the cost of the repair defined in the Settlement Agreement.

Period Two is defined as the time period from the end of Period One until the Subject Vehicle has or had fewer than ten years (120 months) or 150,000 miles from the Subject Vehicle’s original in-service date, whichever occurred first. Qualifying Past Repairs that occurred during Period Two will be reimbursed at 50% of the out-of-pocket cost paid subject to certain limitations in the Settlement Agreement, and the cost of Qualifying Future Repairs during Period Two will be covered for 50% of the cost of the repair defined in the Settlement Agreement.

Period Three is defined as the time period from the end of Period Two until the Subject Vehicle has or had fewer than fifteen years (180 months) or 150,000 miles from the Subject Vehicle's original in-service date, whichever occurred first. Qualifying Past Repairs that occurred during Period Three will be reimbursed at 25% of the out-of-pocket cost paid subject to certain limitations in the Settlement Agreement, and the cost of Qualifying Future Repairs during Period Three will be covered for 25% of the cost of the repair defined in the Settlement Agreement.

The cost for past repairs occurring after the end of Period Three will not be reimbursed.

The cost for future repairs occurring after the end of Period Three will not be covered unless you presented the Subject Vehicle to an authorized Mercedes-Benz dealer or body repair facility or provided notice to Defendants and were denied warranty or goodwill coverage for a qualifying repair at a time the vehicle had both fewer than 15 years and fewer than 150,000 miles, whichever occurred first (“Presentment Date”). In such case, the Presentment Date will be used for purposes of calculating whether your Subject Vehicle qualifies in Period One, Period Two, or Period Three.

Qualified Past Repairs: A Qualified Past Repair means a repair that occurred before March 11, 2024, related to repainting any non-plastic exterior surface of a Subject Vehicle because of peeling, flaking, or bubbling of the exterior clearcoat not caused by external influences such as automobile accidents, scratches, or road debris. Qualified Past Repairs shall be limited to refinishing of affected areas only, in accordance with Defendants’ Technical Service Bulletin, LI98.00-P-058914 (attached to the Class Action Settlement Agreement and Release, viewable on the Important Documents page on this website).

To qualify for reimbursement of Qualified Past Repairs, you must submit a Reimbursement Claim Form within 60 days from the date of repair. The deadline for all repairs occurring more than 60 days ago has PASSED. For information on how to make a claim for Qualified Past Repairs, including the limitations and proof requirements that apply, see FAQ 9.

Qualified Future Repairs: A Qualified Future Repair means a repair performed in accordance with Defendants’ Technical Service Bulletin, LI98.00-P-058914 (viewable on this website and attached to the Settlement Agreement as Exhibit A), by an Authorized Service Center after March 11, 2024, to repaint any non-plastic exterior surface of a Subject Vehicle because of peeling, flaking, or bubbling of the exterior clearcoat not caused by external influences such as automobile accidents, scratches, or road debris. Coverage for Qualified Future Repairs applies only to current owners and lessees. Qualified Future Repairs shall be limited to refinishing of affected areas only, in accordance with Defendants’ Technical Service Bulletin, LI98.00-P-058914.

A Qualified Future Repair Claim Form is not required for coverage of Qualified Future Repairs if the Subject Vehicle is, as of March 11, 2024, both fewer than 15 years from the original in-service date and fewer than 150,000 miles.

If your vehicle was more than 15 years from the original in-service date or had more than 150,000 miles and you were denied warranty or goodwill coverage for a qualifying repair at a time the vehicle had both fewer than 15 years and fewer than 150,000 miles, and you wished to receive a Qualified Future Repair, you must have submitted a Qualified Future Repair Claim Form by July 27, 2021, and met all claim requirements. This deadline has passed.

If your vehicle needs a qualifying repair after May 28, 2021, but prior to March 11, 2024, please take your vehicle to be repaired, retain your payment receipts for any qualifying repair performed, and make a claim for reimbursement as a Qualified Past Repair within 60 days of the repair. To qualify, you must have your vehicle repaired prior to March 11, 2024. If greater than 60 days have passed from the date of repair, you may no longer submit a claim.

For further details regarding Qualified Future Repairs and how you can receive coverage for them, including the limitations and proof requirements that apply, see FAQ 10.

Any Class Member who wishes to make a reimbursement claim for a Qualified Past Repair must submit a completed and hand-written or electronically signed Reimbursement Claim Form that can be submitted online here, along with the following items of proof:

1. Itemized repair order or invoice or other documentation showing that the Subject Vehicle received a qualified repair (e.g., the repair invoice must show that part of the vehicle has been repainted) and the cost of the qualified repair. A repair shall not qualify for reimbursement if the reason for the repair described in any related repair order is for repairs due to an automobile accident, scratches, road debris, or other external influence that is clearly unrelated to the alleged defect in the 590 Mars Red paint and the Symptoms Alleged (e.g., chemical burn, tree sap, bird droppings, etc.);
2. Proof of your payment for the repair, which could include a credit card statement, an invoice showing a zero balance, a receipt showing payment, or other such proof; and
3. Proof of your ownership or leasing of the Subject Vehicle at the time of the repair.

The amount of reimbursement you may receive for Qualified Past Repairs varies depending on the time period during which the Qualified Past Repair occurred, as outlined in FAQ 8, and you cannot make a claim for reimbursement of an expense if you have already been reimbursed for it.

If a Qualified Past Repair was performed by an Independent Service Provider, the reasonable repair cost shall not exceed 10% of what the same repair would have cost if it were performed at an Authorized Service Center.

You must submit a Reimbursement Claim Form to qualify for reimbursement for Qualified Past Repairs.

For a Qualified Past Repair that occurred prior to May 28, 2021, a Reimbursement Claim Form must have been submitted to the Settlement Administrator postmarked by July 27, 2021, or submitted online on this website by completing the electronic Reimbursement Claim Form by July 27, 2021. THIS DEADLINE HAS PASSED.

For repairs that occur after May 28, 2021, but before March 11, 2024, you must submit a Reimbursement Claim Form postmarked or on this website within 60 days of the date of the repair. If greater than 60 days have passed from the date of repair, you may no longer submit a claim.

You may download a Reimbursement Claim Form from this website or contact the Settlement Administrator at info@MarsRedPaintSettlement.com to request that a Reimbursement Claim Form be mailed to you. You may also access the online Reimbursement Claim Form through this website. You may be asked for additional information. Follow all instructions on the Reimbursement Claim Form and make sure to inform the Settlement Administrator of any changes in your address after you have submitted your Reimbursement Claim Form.

Any Class Member with a Subject Vehicle that, on March 11, 2024, is both fewer than 15 years from the original in-service date and fewer than 150,000 miles and who wishes to have a Qualified Future Repair covered by the Settlement must bring their Subject Vehicle to an Authorized Service Center. To determine coverage, a technician will confirm that the vehicle meets the age and mileage requirements; that the exterior clearcoat on a panel is peeling, flaking or exhibiting bubbles under the surface; and that such conditions are not caused by external influences such as automobile accidents, scratches, road debris, chemical burn, tree sap, bird droppings, etc.

For a Subject Vehicle needing a Qualified Future Repair that, as of May 28, 2021, was 15 years (180 months) or more from the Subject Vehicle’s original in-service date or had 150,000 miles or more, whichever occurred first, a Class Member wishing to receive such a repair must have submitted a Qualified Future Repair Claim Form accompanied by documentary evidence showing that (i) he or she presented the Subject Vehicle to an authorized Mercedes-Benz dealer or body repair facility for a qualifying repair or provided notice to Defendants at a time when the vehicle had fewer than 15 years (180 months) and 150,000 or fewer miles, and (ii) that he or she was denied warranty or goodwill coverage for such repair at the time. The Qualified Future Repair Claim Form and required documentation must have been submitted to the Settlement Administrator by mail postmarked by July 27, 2021, or through this website by July 27, 2021. THIS DEADLINE HAS PASSED.

If the claim is approved, the Class Member shall arrange for a Qualified Future Repair to be performed within 90 days of notice of said approval. The percentage of coverage provided by Defendants shall be determined by the age and mileage of the Subject Vehicle at the time it was originally presented for the qualifying repair or notice was given to Defendants, using the coverage periods set forth in FAQ 8.

Qualified Past Repairs. Under the Settlement, the deadline for the Settlement Administrator to determine the validity of a reimbursement claim is 90 days after the Effective Date (March 11, 2024). If the Settlement Administrator approves your claim, payment will be made within 30 days of the approval decision. If the Settlement Administrator denies your claim or a portion of your claim, you will have 30 days to dispute such denial (measured from the postmark date of the denial notice). Such a dispute will be decided by the Third-Party Neutral selected pursuant to the Settlement, who will independently determine the validity of the claim. If the Third-Party Neutral approves your claim, payment will be made within 30 days of notice of the decision approving your claim.

Qualified Future Repairs. Subject Vehicles will be eligible for Qualified Future Repairs beginning on March 11, 2024, after which you can simply bring your Subject Vehicle to an Authorized Service Center for repair. If you need a qualifying repair before March 11, 2024, please take your Subject Vehicle to be repaired, retain your payment receipts for any qualifying repair performed, and make a claim for reimbursement as a Qualified Past Repair.

If you are required to submit a claim form to qualify for a Qualifying Future Repair for the reasons described in FAQ 10 and the Settlement Administrator denies your claim, you will have 30 days to dispute such denial (measured from the postmark date of the denial notice). Such a dispute will be decided by the Third-Party Neutral selected pursuant to the Settlement, who will independently determine the validity of the claim. If the claim is approved, the Class Member shall arrange for a Qualified Future Repair to be performed within 90 days of notice of said approval. The decision of the Third-Party Neutral is final and non-appealable.

If an Authorized Service Center denies your request for a Qualified Future Repair, you may dispute such denial by informing Class Counsel or Defendants of the alleged wrongful denial within 30 days of the denial. Class Counsel, Defense Counsel, and Defendants shall work in good faith and make best efforts to resolve any such dispute. If they cannot resolve the dispute, the dispute may be submitted to a Third-Party Neutral for a decision, who will independently determine the validity of the claim. If the Third-Party Neutral approves your repair request, the Authorized Service Center will make the repair. The decision of the Third-Party Neutral is final and non-appealable.

If you did not exclude yourself before the July 27, 2021 deadline, you remained in the Class. That means you will release and forever discharge Defendants and other entities described in the Settlement Agreement from each and every claim of liability that was or could have been made relating to the Litigation Claims alleging that 590 Mars Red paint is inadequate, of poor or insufficient quality or design, or defective, due to peeling, flaking, bubbling, fading, discoloration, or poor adhesion of the paint or clearcoat. It also means that all of the Court’s orders will apply to you and legally bind you. If you sign a Reimbursement Claim Form or Qualified Future Repair Claim Form, you will agree to a Release of claims that describes exactly the legal claims that you give up if you get Settlement benefits. For the precise terms of the Release, please review the Settlement Agreement, which is available on the Important Documents page of this website.

Any Class Member who wanted to be excluded from the Class must have submitted a written request for exclusion to the Settlement Administrator before July 27, 2021. THE DEADLINE TO EXCLUDE YOURSELF HAS PASSED.

No. Unless you excluded yourself, you are bound by the Final Order and Judgment, and you gave up the right to sue Defendants for the claims that this Settlement resolves. If you have a pending lawsuit, you must have excluded yourself from this class to continue your own lawsuit.

No. If you excluded yourself, you cannot receive any payments or covered future repairs, but you retained the right to bring, maintain, or be part of a different lawsuit against Defendants.

The Court has appointed W. Lewis Garrison, Jr., Taylor C. Bartlett, James F. McDonough, III, and K. Steven Jackson of Heninger Garrison Davis, LLC to represent you and other Class Members. Together, the lawyers are called Class Counsel. You will not be charged for these lawyers. If you wanted to be represented by your own lawyer, you may have hired one at your own expense.

Class Counsel asked the Court for attorneys’ fees of $4,750,000, $75,671.38 for expenses, and an amount not to exceed $30,000 total for Class Representative Service Awards. The fees and expenses that the Court approved will be paid by Defendants. Defendants agreed not to oppose fees and expenses up to the specified amounts. The costs to administer the Settlement will also be paid by Defendants.

The Court approved the request for attorneys’ fees and expenses but denied the request for Class Representative awards. The Order Granting Final Approval of Settlement, Certifying Settlement Class, and Awarding Attorneys’ Fees and Expenses may be viewed on the Important Documents page of this website. 

If you are a Class Member, you could have objected to the Settlement if you didn’t like any part of it. The deadline to object passed on July 27, 2021.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court held a Fairness Hearing at 9:30 A.M. on August 30, 2021 (EST), at the United States District Court for the Northern District of Georgia, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303. At this hearing, the Court considered whether the Settlement was fair, reasonable, and adequate. If there were objections, the Court considered them. The Court listened to people who may have asked to speak at the hearing. The Court also decided how much to pay Class Counsel. 

The Court entered an Order Granting Final Approval of Settlement, Certifying Class, and Awarding Attorneys' Fees and Expenses ("Final Approval Order") on November 30, 2021. The Final Approval Order was appealed to the U.S. Court of Appeals for the Eleventh Circuit on December 29, 2021, and a hearing was held on April 27, 2023. On November 27, 2023, the Court upheld the Certification of the Settlement. The Settlement Effective Date will be March 11, 2024.

No. Class Counsel answered any questions Judge Cohen may have had, but you were welcome to come at your own expense. If you sent an objection, you did not have to come to Court to talk about it. As long as you submitted your written objection on time, the Court considered it. You may have paid your own lawyer to attend, but it was not necessary for your objection to be considered.

If you do nothing, you will get no money from the Settlement. And, unless you excluded yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the legal issues in this case ever again.

However, if you do nothing, you may still qualify for coverage for Qualified Future Repairs. For details regarding Qualified Future Repairs, see FAQ 8 and FAQ 10 or visit the Important Documents page of this website.

The notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement and other important case documents, on the Important Documents page of this website.

The notice provides a summary of the basic terms of the Settlement. For the complete terms and conditions, please consult the Settlement Agreement. You can access the Settlement Agreement, other important case documents, answers to frequently asked questions, and online Reimbursement and Qualified Future Repair Claim Forms on this website. You may email the Settlement Administrator at info@MarsRedPaintSettlement.com or call them at 833-961-3967. You should check this website regularly for updates on the case.

You may also contact one of the following attorneys appointed by the Court to serve as Class Counsel:

K. Steven Jackson
W. Lewis Garrison, Jr.
Taylor C. Bartlett
James F. McDonough, III
Heninger Garrison Davis, LLC
2224 1st Avenue North
Birmingham, AL 35203
Tel: (205) 326-3336