Facing the EQB battery fire recall (26V073) with no fix available? Learn your California lemon law rights. Free case review from Margarian Law.
You paid for a premium electric SUV from one of the world's most storied automotive brands. The EQB badge promised Mercedes-Benz engineering, a three-pointed star on the hood, and the peace of mind that comes with it. What thousands of EQB owners got instead is a different story: a battery that the manufacturer's own recall filings say may spontaneously catch fire without warning — whether the vehicle is parked in the garage or traveling at highway speed — and a repair that doesn't exist yet. NHTSA campaign 26V073 recalled roughly 11,900 EQB units in 2026 for exactly that defect. It was the third recall for the same underlying Farasis Energy cell defect; two prior software-based remedies (25V050 and 25V894) were formally declared failures after post-repair fires occurred in Europe. The permanent fix — a full battery replacement — won't be available at U.S. dealers until at least late 2026 or early 2027. In the meantime, MBUSA has instructed owners to limit charging to 80% capacity and park the vehicle outdoors, away from structures. For owners who charge at home inside a garage, those instructions are not merely inconvenient — they are contradictory to how the car was sold. Beyond the fire risk, a separate July 2025 recall (25V487) covers sudden loss of drive power, and NHTSA owner complaints document recurring MBUX display blackouts at highway speed, phantom emergency braking, and driving range that can fall 40-50% below the EPA estimate. The EQB's problems are documented, sourced, and ongoing.
The issues owners report most, ranked by severity — each one verified against a cited NHTSA source.
Warning notification of fire risk recall; advised to limit charging to 80%; told to park outdoors away from structures; battery replacement unavailable for months to years; vehicle may catch fire while parked or driving without warning; strong burning smell from battery area; sparking noise from battery while driving; 'High Voltage Malfunction' warning displayed
driver seat cushion loose; seat fastener recall; seat may not stay secured
Vehicle suddenly decelerates or loses all propulsion while driving at highway speed; 'High Voltage Malfunction' warning on dash; vehicle shuts down mid-drive; battery shows full charge but vehicle will not move; vehicle must be towed; complete electrical failure at highway speed creating dangerous situation
After recall software update, driving range drops 25-30 miles immediately; DC fast-charging speed throttled from ~100 kW to ~80 kW maximum; public fast chargers (Electrify America, EVgo) charge significantly slower than before; vehicle performance noticeably worse after dealer software appointment; range loss of approximately 20-30% vs. pre-update performance
Dashboard screens go completely black while vehicle is in motion; speedometer and all instrument cluster information disappears for 10-15+ minutes; screens restart or come back without driver action; loss of speed readout, navigation, and warning indicators while driving; 'High Voltage Malfunction' warning followed by system reboot; all displays suddenly blank at highway speed
Vehicle suddenly applies full emergency braking with no obstacle present; braking occurs randomly above 40 mph with no cars or objects in path; vehicle swerves toward lane edge with emergency braking; brake pedal vibrates and vehicle accelerates independently when braking is applied; parking sensors activate false alerts (all red) at low speed; emergency braking while reversing in parking lot with no object behind vehicle; rear-end collision risk due to unexpected hard stop
A settled Margarian Law case on this exact model, published with the actual settlement math.
See every published case, with the settlement math shown →
Every case is different. Past results do not guarantee a similar outcome; results depend on the facts of each case.
Open any defect for the symptoms and why it matters for a California lemon-law claim. Each is tied to a cited NHTSA source.
driver seat cushion loose; seat fastener recall; seat may not stay secured
NHTSA recall 23V677000 covers a single 2022 EQB 350 with incorrectly installed child seat anchor covers. While the affected population is extremely small (1 unit), the underlying defect — a child restraint system that may not install correctly — is a safety defect under FMVSS 225. Under Song-Beverly, any recall-acknowledged safety defect on a vehicle within the warranty period is citable as a non-conformity; if the dealer cannot complete the remedy in a timely manner, it supports a lemon claim. Owners of the affected 2022 EQB should confirm the remedy (cover replacement) was completed and request written confirmation.
Dealers will replace the child seat anchor covers, free of charge. An owner notification letter was mailed November 10, 2023. Owners may contact MBUSA customer service at 1-800-367-6372. MBUSA's number for this recall is 2023100011.
Warning notification of fire risk recall; advised to limit charging to 80%; told to park outdoors away from structures; battery replacement unavailable for months to years; vehicle may catch fire while parked or driving without warning; strong burning smell from battery area; sparking noise from battery while driving; 'High Voltage Malfunction' warning displayed
NHTSA recall 26V073 is the third recall for the same Farasis cell defect; prior remedies 25V050 and 25V894 were formally declared failed. Under Song-Beverly, a manufacturer's inability to conform a vehicle to warranty after a reasonable number of repair attempts creates buyback eligibility — three failed attempts at the same defect is compelling. Owners whose dealers cannot provide a repair date or who are told parts will not arrive until 2027 face a strong argument that the manufacturer has exceeded a 'reasonable time' to complete the recall remedy, triggering potential civil liability under Cal. Civ. Code §1793.2.
Full high-voltage battery pack replacement under recall 26V073. Interim measures: charge to max 80% state of charge; park outdoors away from structures. Replacement battery parts unavailable as of mid-2026; dealer estimates Q4 2026–Q1 2027 for parts availability.
Vehicle suddenly decelerates or loses all propulsion while driving at highway speed; 'High Voltage Malfunction' warning on dash; vehicle shuts down mid-drive; battery shows full charge but vehicle will not move; vehicle must be towed; complete electrical failure at highway speed creating dangerous situation
Sudden loss of drive power at highway speed is a Song-Beverly safety defect that substantially impairs the vehicle's use and safety. Owners subject to both 25V487 and 26V073 face concurrent unresolved recalls — either defect independently may support a lemon-law claim under Cal. Civ. Code §1793.2(d) if dealers cannot complete the remedy within 30 days or after two repair attempts.
Recall 25V487 remedy: electrical system repair per dealer instructions. Remedy parts reported as unavailable as of 2026 (owners report extended wait times).
After recall software update, driving range drops 25-30 miles immediately; DC fast-charging speed throttled from ~100 kW to ~80 kW maximum; public fast chargers (Electrify America, EVgo) charge significantly slower than before; vehicle performance noticeably worse after dealer software appointment; range loss of approximately 20-30% vs. pre-update performance
If a recall remedy itself introduces new defects or materially impairs the vehicle's use, it may be treated as a separate repair attempt for Song-Beverly purposes. Owners who experience range and charging degradation immediately following the 25V050 update should document the before/after with repair orders and charging station receipts showing reduced kW throughput — this creates an additional repair attempt record.
No remedy restoring pre-update performance disclosed by manufacturer. Under 26V073, full battery replacement is the intended final remedy; whether this restores original charging speed and range is unconfirmed. Owners should document before/after charging data with dealer service records.
Dashboard screens go completely black while vehicle is in motion; speedometer and all instrument cluster information disappears for 10-15+ minutes; screens restart or come back without driver action; loss of speed readout, navigation, and warning indicators while driving; 'High Voltage Malfunction' warning followed by system reboot; all displays suddenly blank at highway speed
Loss of the instrument cluster and all displays while driving at highway speed constitutes a safety defect under Song-Beverly because it substantially impairs the vehicle's safe operation. Multiple dealer visits for the same recurring display failure — especially if documented on repair orders — satisfy the 'reasonable number of repair attempts' standard. Owners should insist dealers note the blank-screen event on every repair order even if the dealer cannot replicate it at the time of the visit.
Dealer software update or MBUX control module replacement. Some owners report repeated recurrence after software update. Document each occurrence with date, speed, duration, and dealer repair orders.
Vehicle suddenly applies full emergency braking with no obstacle present; braking occurs randomly above 40 mph with no cars or objects in path; vehicle swerves toward lane edge with emergency braking; brake pedal vibrates and vehicle accelerates independently when braking is applied; parking sensors activate false alerts (all red) at low speed; emergency braking while reversing in parking lot with no object behind vehicle; rear-end collision risk due to unexpected hard stop
Phantom emergency braking at highway speed creates significant rear-end collision risk and constitutes a safety defect. Under Song-Beverly, the defect need not cause a crash to be actionable — repeated occurrence despite dealer visits satisfies the repair-attempt standard. Owners should record the date, speed, location, and any dashcam footage for every phantom braking event and request it be entered on the dealer repair order.
No documented MBUSA TSB or recall. Dealer visits typically involve ADAS sensor recalibration or software update. If the issue recurs after calibration, document every repair order with the specific AEB false-activation symptom.
Actual driving range 95-145 miles vs. 232-260 miles advertised; range drops significantly in winter conditions or at highway speeds; dealer software updates worsen rather than improve range; vehicle ran out of charge despite showing adequate remaining range; battery unable to hold charge; battery fully depleted on trip shorter than estimated range; vehicle had to be towed to charging station due to unexpected range loss
Range that is 40-50% below the advertised and warranty-represented figure may constitute a failure to conform to warranty under Song-Beverly, particularly where multiple dealer visits have not corrected it. If the 80% charge cap from 26V073 is the cause, the recall itself becomes evidence that the vehicle cannot perform as warranted — a strong argument for a buyback or replacement independent of the repair-attempt count.
No dedicated remedy for range underperformance separate from battery replacement under 26V073. Some owners report 3-4 dealer visits with software updates that did not improve and sometimes worsened range. Full battery replacement under 26V073 is expected to restore rated capacity, but availability delayed until at least Q4 2026.
Sunroof panel shatters explosively while driving with no external impact; loud gunshot-like sound from sunroof while underway; glass shards on sunroof shade or falling into cabin; rear windshield cracks or shatters while vehicle is parked with no impact; Mercedes dealer charges for glass replacement despite no external damage
Spontaneous glass fracture while driving presents an injury risk and may constitute a safety defect regardless of whether a recall has been issued. If MBUSA acknowledged 'possible manufacturing defect' (as documented in ODI 11696777) but billed the owner for repair, that acknowledgment can support a warranty claim under Song-Beverly. Multiple occurrences on the same vehicle would trigger the repair-attempt analysis.
Glass panel replacement. Owners should dispute dealer charges if vehicle has not been in a collision, citing possible manufacturing defect. Request MBUSA goodwill consideration and document with photos immediately after incident.
Vehicle fails to initiate DC fast charging at public chargers; charging port replaced twice per dealer instructions; charger input fails after repeated public charging use; EVgo and other public networks restrict affected EQB from charging; home Level 2 charging causes household lights to dim significantly; CCS port inoperable; charger disconnects before reaching target state of charge
For a battery-electric vehicle, the inability to DC fast charge is a substantial impairment of the vehicle's core use. Repeated charge-port replacement without permanent resolution, combined with third-party charging networks restricting access to the vehicle, may satisfy the Song-Beverly repair-attempt and substantial-impairment standards simultaneously. Owners should retain all charging session failure logs.
CCS charge port hardware replacement (reported done twice on the same vehicle). For network restrictions: no remedy until 26V073 battery replacement is completed. Document each charging failure with network receipt/log and dealer repair order.
remedy available
Mercedes-Benz USA, LLC (MBUSA) is recalling one 2022 EQB 350 vehicle. Incorrect child seat anchor covers may have been installed on the second-row seat. As such, this vehicle fails to comply with the requirements of Federal Motor Vehicle Safety Standard number 225, "Child Restraint Anchorage Systems."
Every item below comes from this vehicle's documented defects. The more you recognize, the more a free case review is worth your time.
California's Song-Beverly Consumer Warranty Act (Cal. Civ. Code §1790 et seq.) may provide significant relief if your EQB has been to the dealer multiple times for the same defect without a permanent fix. As of 2026:
Repair Attempts: A manufacturer must be given a reasonable number of attempts to repair a warranty defect. Two attempts for a safety defect (fire risk, sudden power loss) or four or more attempts for any defect may qualify — the standard is fact-specific.
Recall Without a Remedy: Cal. Civ. Code §1793.2(b) requires manufacturers to complete repairs within 30 days of the vehicle's delivery to the dealer. A recall remedy unavailable for 10-18 months may independently breach this obligation.
What You May Be Entitled To: A replacement vehicle of equal value or a full refund of the purchase price — including taxes, registration, and finance charges — less a mileage offset. Loan or lease payoff obligations may also be included.
Attorney's Fees: If you prevail, the manufacturer pays your attorney's fees. Many lemon-law attorneys handle EQB cases on contingency.
This is general information about California law, not legal advice, and does not create an attorney-client relationship. Consult a licensed California attorney to evaluate your situation.
“Could not duplicate” doesn't mean the defect isn't real. Here's exactly what to do to protect a potential California lemon-law claim.
Document the moment it happens. Photos, video, and screenshots of any warning lights — with the date and the mileage.
Get a repair order every visit — even “found nothing.” That paperwork is the foundation of a claim.
Check your VIN at nhtsa.gov/recalls. Note any recall that has no available remedy yet.
Track your out-of-service days. California law counts the cumulative days your vehicle spends in the shop.
Keep loaner & rental records. Alternate-transport paperwork during long repairs matters.
Save everything in one place. Symptoms, dates, repair orders, and every repeat visit — the intermittent ones especially.
Mercedes-Benz dealers frequently record 'could not duplicate' on EQB service visits — especially for intermittent display blackouts, phantom AEB events, and range loss. Here is how to protect your lemon-law rights:
1. Demand a repair order for every visit, even if the dealer 'finds nothing wrong.' Under Song-Beverly, each dealer visit for the same symptom counts as a repair attempt whether or not anything was actually fixed. The repair order is your proof.
2. For display blackouts: film the blank screen immediately. Note the date, time, speed, and duration, and insist those details appear on the repair order verbatim.
3. For AEB false activations: note exact speed and conditions; request the dealer pull onboard event log (EDR/ECU) data. If declined, note that refusal on the repair order.
4. For range loss: log charge percentage, estimated range, and actual range achieved on every trip for two to three weeks before your dealer visit. Bring the printed log.
5. For the battery fire recall (26V073): request a written estimate of when the replacement battery will be available. A remedy timeline of 10-18 months is evidence the manufacturer has exceeded a reasonable repair period under Cal. Civ. Code §1793.2.
6. Escalate to MBUSA Customer Assistance in writing. Verbal assurances create no legal record. Request all commitments via email.
7. File an NHTSA complaint at safercar.gov for every failure event.
The Mercedes-Benz EQB's recall record is among the most serious in the current EV market: three separate campaigns for the same battery cell defect, two of which were formally declared failures, plus a concurrent recall for sudden loss of drive power — and neither has a completed remedy available. This is not a routine recall situation. Owners are being asked to operate a vehicle under permanent fire-risk restrictions for an indefinite period, on top of a concurrent power-loss recall with no repair schedule. Add persistent complaints about MBUX blackouts and phantom emergency braking, and the EQB's reliability picture is sobering. For California owners, this is exactly the fact pattern Song-Beverly was designed to address: a manufacturer that cannot conform its vehicle to warranty after a reasonable number of attempts.
— The Margarian Law team
If your Mercedes-Benz EQB has been to the dealer for battery fire recall repairs, sudden power loss, display blackouts, or range shortfalls — and the problems remain unresolved — you may have rights under California's Lemon Law. Margarian Law has handled thousands of lemon-law cases and offers a free case review.
As of mid-2026, no — the permanent remedy under NHTSA recall 26V073 (full high-voltage battery replacement) is not yet available. MBUSA has told owners parts will not arrive until late 2026 or early 2027. This is the third recall for the same Farasis Energy cell defect; prior software fixes (25V050, 25V894) were declared failures. Until your EQB is repaired, MBUSA instructs owners to charge only to 80% and park outdoors. If no remedy timeline has been provided, you may have rights under California's lemon law.
Multiple 2022-2024 EQB owners have filed NHTSA complaints describing the entire instrument cluster and MBUX screens going black while driving — sometimes for up to 10 minutes — eliminating speed readouts, warnings, and navigation. This appears to be a software or electrical fault in the MBUX system. MBUSA has not issued a formal recall or TSB for this specific symptom as of mid-2026. Every incident should be reported to your dealer (and to NHTSA at safercar.gov) with the date, speed, and duration documented. If it recurs after dealer visits, it may support a lemon-law claim.
Potentially yes. California's Song-Beverly Consumer Warranty Act may entitle EQB owners to a replacement vehicle or full refund if the manufacturer cannot repair a defect within a reasonable number of attempts or within 30 days. NHTSA recall 26V073 (fire risk) and 25V487 (sudden power loss) both lack available remedies as of mid-2026. Multiple owners who requested MBUSA buybacks report no response or refusal. If your EQB has been to the dealer for these defects without a completed repair, a California lemon-law attorney can evaluate whether you qualify for a buyback at no cost to you.
NHTSA complaints from 2023-2024 EQB owners document real-world range of 95-145 miles versus the 232-260 miles Mercedes-Benz advertises — a gap of 40-50% or more. Contributing factors include Farasis battery cell degradation, the 80% charge cap imposed under battery recall 26V073, and range reduction caused by the 25V050 BMS software update (which throttled charging and limited discharge parameters). Multiple dealer software visits have reportedly made the range worse, not better. If repeated dealer visits have not corrected the shortfall, this may constitute a warranty non-conformity under California's Song-Beverly Act.
Yes, this is a reported pattern. Multiple NHTSA complaints from 2023 EQB owners describe the Active Brake Assist / AEB system engaging without any obstacle at speeds above 40 mph, as well as false activation while reversing. One complaint (ODI 11641405) documents a crash where brake pedal vibration was followed by unintended acceleration that drove the vehicle into a curb and tree at 20,000 miles. Another (ODI 11558792) describes the vehicle braking hard and swerving on a multi-lane road with no adjacent vehicle. MBUSA has not issued a recall or TSB for this specific symptom as of mid-2026. Document each event and insist dealers log it on a written repair order.
Whether your specific EQB qualifies as a lemon under California law depends on your individual repair history — but the EQB's documented issues are among the most serious in the current EV market. NHTSA has issued multiple recalls for fire risk (26V073 replacing the failed 25V050 and 25V894) and sudden power loss (25V487) with no remedies currently available. Additional owner complaints cover MBUX blackouts, phantom AEB, range underperformance, and charging failures. If your EQB has been to the dealer two or more times for the same safety defect without a permanent fix, a California lemon-law attorney can evaluate your case at no cost.
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