Lawsuit against Mercedes Benz N.A.(TELEAID) - Page 6 - Mercedes-Benz Forum

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post #51 of 109 (permalink) Old 05-16-2007, 08:42 PM
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No it's not, I did a case in first year law where a guy got sick from eating uncooked sasuage. The judge dismissed the case on the grounds that it's common knowledge that you must cook food to eat it. In this case I think the same reasoning applies. Everyone knows that the old networks are being shut off, in NZ ours went offline a few months ago. Also if he reads his manuals I bet that he will find that his teleaid will be listed as analog, furthermore it says in cars "always read owners manual before operating" (not that we do but thats not the point) in short he should have read the owners manual and known that the network would soon be shut down. As with everything you buy there is a certain bit of cavert empator (spelling) or buyer beware, that is to know what your buying.
Using that "common knowledge" approach you have to assume that folks know that Teleaid is 1) part of the cellular system, 2) know or care how a cellular system works, 3) accepts that a subsystem of their car must be "upgraded" to function [ie not stop dead].

This became fodder for dinner conversation this evening with both lawyers, the Asst AG and car guys present [including one Toyota exec] -- It was steak night out. All I had to do was rekindle the conversation with the AAG and set back. It got "well done" at times as positions were offered.

As Musikmann said, this is very much a complex issue since advertising issues are involved along with the fact that is is a automotive subsystem [not something that one expects to upgrade to function] and not "just a cell phone" like some of the old Benz car phones that dated themselves that can easily be replaced at commodity prices.

While I think many people will just get the adaptor done and not know that there is an issue being investigated, this is being investigated by AG offices in several states against several car companies and cellular companies. Since there is a deadline imposed for 12/31/07 that has FCC blessing, any action will be pretty quick.

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post #52 of 109 (permalink) Old 05-16-2007, 08:45 PM Thread Starter
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I wonder if this has something to do with MB dealer offering $600 to upgrade my system.....?????HHHMMMM
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post #53 of 109 (permalink) Old 05-16-2007, 08:46 PM
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I wonder if this has something to do with MB dealer offering $600 to upgrade my system.....?????HHHMMMM
My bet is there will be lots of deals going on.

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post #54 of 109 (permalink) Old 05-16-2007, 11:12 PM
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Using that "common knowledge" approach you have to assume that folks know that Teleaid is 1) part of the cellular system, 2) know or care how a cellular system works, 3) accepts that a subsystem of their car must be "upgraded" to function [ie not stop dead].
I dunno, I guess as someone who is pretty young (20) I know how those systems work but I'd still contend that by reading the manuals you'd know how it worked. Also if it's an option surely you get the dealer to explain options you don't understand.

I'd imagine that MB would settle alot of these cases as it's simply cheaper than fighting them in court.
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post #55 of 109 (permalink) Old 05-16-2007, 11:17 PM
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I say this is not fair because for Mercedes to charge $1700 to upgrade tele-aid, well you know it costs substantially less to manufacture as it is the same box that goes in all Mercedes since 2005 and on.......Mercedes sees fit to make a profit and play off of my fears that my Fiance who is with our first child would drive my car and be involved in a automobile accident.......Mercedes know that people who buy these cars have$1700 to spend and are taking advantage of us......it would have been "fair" to offer the upgrade at cost. As far as wanting to "immediately sue somebody" well I made no such statement.......if you mean to say that by me exercising my constitutional right to have access to the US court system if I feel I have been harmed, well then you should go back to 4th grade and take civics again because the last time I checked that was still a constitutional right.......wait unless our Congress passed another law last night without reading it that took this right away too.........plausible?
I was a Mercedes service advisor for 4 years as well as for VW, Audi and Land Rover. I've dealt with many an owner/leasee who felt that they have no responsibility but to put gas in the car. This reeks of a customer I had that wanted to sue Benz over having low profile tires on his SL 500. He drives like an ass and bent 3 wheels in the first month of ownership/leasing. So since he doesn't have the common sense to SLOW DOWN and not drive like an asshole, it's Mercedes' fault that he keeps blowing wheels and tires ? Come on. If this were 15 years in the past when cell phones were a new technology and not available on a mass basis and your fiance got in an accident (knock on wood), who's fault would it be then ? If only cell phones were cheaper a week before an accident. I should sue because if they released it a week earlier, I'd have had one and been able to call 911 right away rather than run to find a pay phone. The technology is there. You want it ? PAY for it. When cell phones went digital, if you wanted to have cellular service, you had to ditch the analog and buy a digital. This is no different. The same thing when ALL tv broadcasting goes H/D in a few years. As for Benz knowing 3 years ago about total digital in 2008, how long do you think it takes to integrate new systems into a car ? A few weeks ? Today, there designing systems to meet current technology. In 1 year, that technology will be obsolete. Cellular technology moves faster than car technology. Hell tire technology changes faster than car technology. By your logic. Benz should have known about blue tooth technology and that laws will be enacted for driving while on the phone. So if you get a ticket for being on the phone while behind the wheel, it's Mercedes' fault for not having hands free technology installed in your car for free because laws were enacted about driving while talking AFTER you bought/leased your car. No offense but I'd be willing to bet that if you can afford to own or lease a CL55, you have at least one TV that costs $1700+.

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post #56 of 109 (permalink) Old 05-16-2007, 11:25 PM
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I was a Mercedes service advisor for 4 years as well as for VW, Audi and Land Rover. I've dealt with many an owner/leasee who felt that they have no responsibility but to put gas in the car. This reeks of a customer I had that wanted to sue Benz over having low profile tires on his SL 500. He drives like an ass and bent 3 wheels in the first month of ownership/leasing. So since he doesn't have the common sense to SLOW DOWN and not drive like an asshole, it's Mercedes' fault that he keeps blowing wheels and tires ? Come on. If this were 15 years in the past when cell phones were a new technology and not available on a mass basis and your fiance got in an accident (knock on wood), who's fault would it be then ? If only cell phones were cheaper a week before an accident. I should sue because if they released it a week earlier, I'd have had one and been able to call 911 right away rather than run to find a pay phone. The technology is there. You want it ? PAY for it. When cell phones went digital, if you wanted to have cellular service, you had to ditch the analog and buy a digital. This is no different. The same thing when ALL tv broadcasting goes H/D in a few years. As for Benz knowing 3 years ago about total digital in 2008, how long do you think it takes to integrate new systems into a car ? A few weeks ? Today, there designing systems to meet current technology. In 1 year, that technology will be obsolete. Cellular technology moves faster than car technology. Hell tire technology changes faster than car technology. By your logic. Benz should have known about blue tooth technology and that laws will be enacted for driving while on the phone. So if you get a ticket for being on the phone while behind the wheel, it's Mercedes' fault for not having hands free technology installed in your car for free because laws were enacted about driving while talking AFTER you bought/leased your car. No offense but I'd be willing to bet that if you can afford to own or lease a CL55, you have at least one TV that costs $1700+.
Well not only that but it takes ages to install as you said because companies are so afraid of liability and being sued that they make sure they test just about everything to death because of it.
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post #57 of 109 (permalink) Old 05-16-2007, 11:33 PM
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Well not only that but it takes ages to install as you said because companies are so afraid of liability and being sued that they mlake sure they test just about everything to death because of it.
Not only that but to be sure they're compatible with other systems in the car. Early Tele Aid units were a pain in the ass. They were making calls to Tele Aid center on their own, showing the car's location as in the middle of Long Island Sound when you were on a New Jersey highway and God I can't remember what else at this late hour. Nothing is simple. The TPS monitor on early 2003 SL500's would make the instrument cluster freak out and flash the headlights on and off.

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post #58 of 109 (permalink) Old 05-17-2007, 09:05 AM Thread Starter
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Quote:
Originally Posted by AdvisorGuy
I was a Mercedes service advisor for 4 years as well as for VW, Audi and Land Rover. I've dealt with many an owner/leasee who felt that they have no responsibility but to put gas in the car. This reeks of a customer I had that wanted to sue Benz over having low profile tires on his SL 500. He drives like an ass and bent 3 wheels in the first month of ownership/leasing. So since he doesn't have the common sense to SLOW DOWN and not drive like an asshole, it's Mercedes' fault that he keeps blowing wheels and tires ? Come on. If this were 15 years in the past when cell phones were a new technology and not available on a mass basis and your fiance got in an accident (knock on wood), who's fault would it be then ? If only cell phones were cheaper a week before an accident. I should sue because if they released it a week earlier, I'd have had one and been able to call 911 right away rather than run to find a pay phone. The technology is there. You want it ? PAY for it. When cell phones went digital, if you wanted to have cellular service, you had to ditch the analog and buy a digital. This is no different. The same thing when ALL tv broadcasting goes H/D in a few years. As for Benz knowing 3 years ago about total digital in 2008, how long do you think it takes to integrate new systems into a car ? A few weeks ? Today, there designing systems to meet current technology. In 1 year, that technology will be obsolete. Cellular technology moves faster than car technology. Hell tire technology changes faster than car technology. By your logic. Benz should have known about blue tooth technology and that laws will be enacted for driving while on the phone. So if you get a ticket for being on the phone while behind the wheel, it's Mercedes' fault for not having hands free technology installed in your car for free because laws were enacted about driving while talking AFTER you bought/leased your car. No offense but I'd be willing to bet that if you can afford to own or lease a CL55, you have at least one TV that costs $1700+.
Boy I can tell I really touch a nerve here.......anyways just spoke to my attorney who informed me called a friend at the GA State Attorneys Office and indeed I am right......at least in GA..........it seems GA has a consumer protection law that states if a business sells an item that will become obsolete and the business is aware of this fact at the time of sale they have an obligation to notify the consumer of this fact at the time of sale...........this should be common sense.......think about all the misc. disclosures that you sign at the time of sale. I am told this protection was used many times in GA to go after ISP's when they upgraded to broadband and wanted to drop the dial up customers.........my case is further bolstered by the fact MB was so willing to substantially cut the price...............moreover what if I said you drive an 83 300SD and am pretty sure you have never used tele-aid and certainly could never afford my 130K CL.......how would you feel? How many TV's I have that cost over $1700 or whether I own or lease my CL or how fat my 401K is has ABSOLUTELY NOTHING to do with this matter just like you driving an 83 300SD and whether or not you have used tele-aid or can afford a CL55 have ABSOLUTELY NOTHING to do with this matter.

Last edited by kompukard; 05-17-2007 at 09:19 AM.
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post #59 of 109 (permalink) Old 05-17-2007, 11:12 AM Thread Starter
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That right there is why you need tort law reform in the US. BS Lawsuits by babies who think the world owes them a living.
right like I make my living by suing auto manufactures.......actually I make my living of off all of us who drive.......I trade gasoline on the NYMEX..........why do you people insist on personal insults........clearly we are dealing with people who are obviously jealous due to you personal status in life and I submit it is you who are the "baby" as life has taught me that those who put others down whom they do not know are merely making up for their own deficiencies in their own life...........shall I go on?
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post #60 of 109 (permalink) Old 05-17-2007, 11:25 AM
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How many TV's I have that cost over $1700 or whether I own or lease my CL or how fat my 401K is has ABSOLUTELY NOTHING to do with this matter just like you driving an 83 300SD and whether or not you have used tele-aid or can afford a CL55 have ABSOLUTELY NOTHING to do with this matter.
For what it's worth, I couldn't agree with you more. I always think it's funny to hear people make petty remarks about people's bank accounts while they are posting on a Mercedes Benz forum. I mean, who do you think drives these things, homeless people?
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