Second class-action against Mercedes-Benz over alleged emissions cheating – report

More than a year after a class-action lawsuit was filed against Mercedes-Benz over alleged diesel emissions cheating, a second class-action has been filed in the Supreme Court of Victoria.

According to a report from website Lawyerly, law firm Piper Alderman is pursuing the class-action against Mercedes-Benz, claiming the German car giant deliberately fitted software to some of its vehicles in an effort to side-step laboratory emissions tests.

The filing comes 14 months after law firm Gerard Malouf and Partners filed its $100 million class-action against Mercedes-Benz over alleged emissions "cheat devices" fitted to models sold in Australia between 2008 and 2018.

Car makers have been under increased scrutiny following the so-called 'Dieselgate' scandal, in which the Volkswagen Group and its brands were found to have fitted vehicles with software specifically designed to meet emissions regulations in lab tests, while far exceeding maximum levels of pollutants in real-world driving.

It's estimated the scandal cost the Volkswagen Group $AU46.5 billion in fines, compensation, and vehicle buybacks – including a $AU125 million penalty in Australia, and a further $120 million to settle five class actions.

MORE: Our 'Dieselgate' coverage

In January 2024, it was revealed Germany's transport authorities were investigating BMW over discrepancies in tailpipe emissions from a turbo-diesel engine fitted to its X3 SUV built between 2010 and 2014.

It's understood Gerard Malouf and Partners are also investigating a potential class-action against BMW Australia for alleged emissions cheating, and previously filed a $100 million case against Toyota's truck division Hino over similar allegations.

In 2022, Hino admitted to having falsified data on engine testing dating back to 2003 in order to pass emissions and fuel efficiency standards.

However, it's not clear whether the latest class action against Mercedes-Benz will be granted the opportunity to be heard before a judge. In recent times, the courts have taken a dim view of multiple competing class actions – with some judges opting to disallow some overlapping cases.