Posted: 01/26/2012
A Cincinnati-area Mercedes dealership is facing a class action lawsuit, accused of defrauding customers on oil changes and other services.
The Cincinnati law firm of Randolph Freking and Brian Gillan has filed suit in Hamilton County Common Pleas Court against the Dana Motor Company, which owns Mercedes Benz of Cincinnati and Mercedes Benz of West Chester.
The suit says the two dealerships have been overcharging customers since 2005 on oil and transmission flushes, among other services.
What the Suit Alleges
The suit claims the dealers computers are programmed to charge for more oil and other fluids than were actually used.
It cites as an example a charge for 9 quarts of oil for a vehicle that only takes 6 quarts in its engine, and says this type of overcharge was repeated hundreds of times.
It also claims the dealership continued to charge for an engine oil additive, DriveSure Krex, long after Mercedes told its dealerships to stop using the additive.
Dealership Responds
However an attorney for the dealership, Robert Maxwell, tells 9 News the suit has no merit.
He explained that engine "flushes" require much more fluid than a simple oil change, and that there was therefore nothing fraudulent about billing for several more quarts of oil or transmission fluid.
The suit asks for a jury trial and refunds for customers if a jury finds the case valid.
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