TL* THE CONTACT OWNS A 2007 MERCEDES BENZ ML350. THE CONTACT WAS DRIVING APPROXIMATELY 35 MPH WITH THE DRIVER'S SIDE SEAT WARMER ACTIVATED WHEN THE TEMPERATURES BECAME EXTREMELY HOT. THE DEFECT RESULTED IN A BURN HOLE IN THE CUSHION AND THE CONTACT'S CLOTHING. THE CONTACT SUSTAINED MINOR BURNS TO THE BACK. THE VEHICLE WAS TAKEN TO AN AUTHORIZED DEALER WHO INFORMED THE CONTACT THAT THE SEAT BACK WARMER WAS FAULTY AND PLANNED TO PERFORM FURTHER INVESTIGATIONS TO DETERMINE THE CAUSE OF FAILURE. THE MANUFACTURER WAS NOTIFIED OF THE MALFUNCTION. THE CONTACT REFERENCED A CONCURRENT INVESTIGATION UNDER NHTSA ACTION NUMBER: PE08030 (SEATS: FRONT ASSEMBLY: SEAT HEATER/COOLER) HOWEVER, THE INVESTIGATION WAS CLOSED SEPTEMBER 9, 2008. THE APPROXIMATE FAILURE MILEAGE WAS 45,000.