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Tesla faces lawsuit from New Jersey auto dealer association

Original Tesla Roadster on display at Cherry Hill, NJ showroom [Credit: @vivivandeerlin via Twitter]

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Tesla is currently facing a lawsuit from an auto dealer association operating in New Jersey. In a filing submitted on Wednesday to the state’s Superior Court, the New Jersey Coalition of Automotive Retailers (NJ CAR) called for legal action against the electric car maker for what it alleged were violations of multiple laws. 

The dealer association argued in its filing that the New Jersey Motor Vehicle Commission, together with a number of state agencies, have so far failed to enforce consumer protection laws, advertising laws, and franchise and dealer licensing laws regarding the electric car maker. In a statement to Automotive News, Jim Appleton, president of New Jersey’s Coalition of Automotive Retailers, argued that the group does not fear competition from Tesla. Instead, it simply objects to unfair competition. 

“It may appear ironic that the head of a trade association that represents new car dealers is suing the State of New Jersey to urge enforcement of the strict laws that regulate new car dealers. But NJ CAR has spent decades advocating for firm and fair rules that create a level playing field and promote a competitive marketplace that benefits consumers and honest business owners, alike. Neighborhood new car dealers don’t fear competition from Tesla — which accounts for less than 1% of the new car market in New Jersey — they simply object to unfair competition which places consumers at risk and local businesses at a competitive disadvantage,” he said. 

Original Tesla Roadster on display at Cherry Hill, NJ showroom [Credit: @vivivandeerlin via Twitter]

At the center of the dealer association’s lawsuit against Tesla is the electric car maker’s expanding presence in the state. In 2015, New Jersey allowed Tesla to operate four direct sales locations, a rule that the coalition argues was violated when Tesla decided to open a fifth location in the form of a gallery. According to the auto dealers, the fifth location’s distinction as a “gallery” does not mean anything since the electric car maker conducts sales-related actions in the location. Interested customers, for example, could configure their vehicle orders on the gallery. 

“Whether or not any sales are finalized at Tesla’s gallery, the above-mentioned activities that take place at the gallery are designed and intended to lead to a sale and certainly constitute ‘offering vehicles for sale,’” the complaint read. It should be noted that while the dealers’ concerns appear valid, the lawsuit fails to account for the fact that customers do not need to be in a Tesla gallery or store to configure their vehicle order. Due to the company’s simple online configurator, vehicle orders could be completed in any location with mobile internet access

Apart from its grievances about Tesla’s fifth location, the dealer association also alleged that the state failed to enforce consumer protection laws when the electric car maker pulled a “bait and switch” with the Model 3 by announcing a $35,000 variant of the vehicle and later encouraging its customers to purchase more expensive versions of the electric sedan. This complaint will likely be easily rebutted, considering that the $35,000 Model 3 is available today, albeit as an off-menu item. Business practices that incentivize consumers to purchase higher-end products are pretty common as well, in both the auto and tech sphere. 

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Tesla’s volunteer owners help out during the company’s end-of-quarter push in Q3 2018. [Credit: Sean M Mitchell/Twitter]

Lastly, the New Jersey Coalition of Automotive Retailers also accused Tesla of misleading consumers by describing its Autopilot system as a “Self-Driving” solution and listing incentives and estimated gas savings in its vehicle pricing. “There is simply no justifiable basis for the State to continue to permit Tesla’s conduct here. When taken together, the actions make it clear that state defendants have chosen to actively ignore Tesla’s unlawful acts and have permitted them to continue,” the coalition wrote in its complaint. 

Similar to its other allegations, the dealers’ complaints about Tesla appear to be the result of misinformation. For example, Autopilot, which comes standard with any Tesla except the $35,000 Model 3, is not advertised as a “self-driving” solution. Tesla’s autonomous driving suite is its Full Self-Driving system, which is separate from Autopilot. Tesla’s configurator also allows customers to view a vehicle’s default purchase price and one that includes potential savings. An explainer on incentives is also present on Tesla’s official website, where all vehicle purchases are made. 

Neither Tesla nor the New Jersey Motor Vehicle Commission has issued a comment about the recently-filed lawsuit. 

Tesla operates differently from traditional automakers since the company does not utilize a dealer network to sell its vehicles. Instead, it sells its cars directly to consumers. This allows Tesla to have full control of vehicle pricing, ensuring that the purchase price of its electric cars is regulated, while making the car buying experience as simple as possible. This strategy is akin to what is being adopted by tech companies such as Apple, whose stores provide interested customers with an opportunity to interact with its products.

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

Elon Musk

Tesla says it denied Musk CEO replacement report before it was published

Tesla says it responded to the WSJ’s request for comment, denying that it was in search of a new CEO to replace Elon Musk.

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(Credit: Tesla)

Tesla said that it denied seeking a replacement for CEO Elon Musk before a report was published claiming the company was considering a new frontman.

Last night, The Wall Street Journal reported that Tesla’s Board of Directors was looking for Musk’s replacement after he had devoted too much time to his role within the government. The publication revised its headline to the report no fewer than five times, initially stating the company was still seeking a replacement.

By the time the headline revisions were complete, it had outlined that Tesla had looked for a replacement a month ago, but had stopped its search following Musk’s commitment to Tesla during the company’s earnings call last month.

Shortly after the report surfaced, Board of Directors chairwoman Robyn Denholm officially issued a statement on behalf of Tesla:

“Earlier today, there was a media report erroneously claiming that the Tesla Board had contacted recruitment firms to initiate a CEO search at the company. This is absolutely false (and this was communicated to the media before the report was published). The CEO of Tesla is Elon Musk and the Board is highly confident in his ability to continue executing on the exciting growth plan ahead.  – Robyn Denholm.”

Tesla Board Chair slams Wall Street Journal over alleged CEO search report

Interestingly, Denholm’s statement indicates it had responded to a request for comment from the Wall Street Journal before the report was published. This is especially interesting because Tesla does not typically respond to media outreach, as it dissolved its media department several years ago.

Tesla typically makes its statements publicly on X.

Musk also responded to the report, indicating that the WSJ had committed an “extremely bad breach of ethics” by publishing a “deliberately false article” that did not include Tesla’s “unequivocal denial beforehand.”

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Robotaxis are already making roads safer, Waymo report reveals

Waymo Driver is already reducing severe crashes and enhancing the safety of vulnerable road users.

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Waymo hires former Tesla Executive 
(Credit: Waymo)

Industry leaders such as Elon Musk have always maintained that autonomous robotaxis will make roads safer. A recent blog post from Waymo about the safety of its self-driving cars suggests that Musk’s sentiments are on point.

Way More Safety

Waymo Driver is already reducing severe crashes and enhancing the safety of vulnerable road users. As per a new research paper set for publication in the Traffic Injury Prevention Journal, Waymo Driver had outperformed human drivers in safety, particularly for vulnerable road users (VRUs).

Over 56.7 million miles, compared to human drivers, Waymo Driver achieved a 92% reduction in pedestrian injury crashes. It also saw 82% fewer crashes with injuries with cyclists and 82% fewer crashes with injuries with motorcyclists. Waymo Driver also slashed injury-involving intersection crashes by 96%, which are a leading cause of severe road harm for human drivers. Waymo Driver saw 85% fewer crashes with suspected serious or worse injuries as well.

What They Are Saying

Mauricio Peña, Waymo’s Chief Safety Officer, was optimistic about Waymo Driver’s results so far. “It’s exciting to see the real positive impact that Waymo is making on the streets of America as we continue to expand. This research reinforces the growing evidence that the Waymo Driver is playing a crucial role in reducing serious crashes and protecting all road users,” the Chief Safety Officer noted.

Jonathan Adkins, Chief Executive Officer at Governors Highway Safety Association, also noted that Waymo’s results are very encouraging. “It’s encouraging to see real-world data showing Waymo outperforming human drivers when it comes to safety. Fewer crashes and fewer injuries — especially for people walking and biking — is exactly the kind of progress we want to see from autonomous vehicles,” Adkins stated.

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Tesla hints at June 1 launch of Robotaxi platform in Austin

Tesla has hinted at a potential launch date for the Robotaxi service in Austin, Texas.

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tesla robotaxi app on phone
Credit: Tesla

Tesla just dropped its biggest hint yet about the potential launch date of its Robotaxi ride-hailing platform in Austin, Texas, shedding more light on when to expect it to take off.

In preparation for the ride-hailing service to launch, Tesla has been in talks with the City of Austin for months. It has also spent recent months bolstering its Full Self-Driving suite, aiming for it to handle initially supervised rides with the use of teleoperators to keep things safe and dependable, at least early on.

The company has also said that it expects the Robotaxi service, which will drive passengers in Tesla Model Y vehicles to start, to launch in Austin in June. However, Tesla has not given an exact date.

Now, Tesla is hinting that Robotaxi could launch on June 1, based on a very vague X post it published on May 1:

Of course, this is extremely speculative. However, it’s the first time Tesla has made any suggestions about a potential launch date, so it’s worth taking it seriously.

While the automaker has often missed timelines in the past, most notably the launch of a “feature-complete” Full Self-Driving platform, this is the first time we’ve seen Tesla be so adamant and truly reiterate a target date.

Tesla has not shied away from this June date for the Robotaxi launch yet, something that is worth noting as we move closer to June. All signs point toward Tesla being able to come through on this timeline, and it could be one of its biggest accomplishments yet on the grand scheme of things. The Robotaxi rollout will be controlled and small to start, the company noted on its most recent Earnings Call.

CEO Elon Musk said:

“The team and I are laser-focused on bringing robotaxi to Austin in June. Unsupervised autonomy will first be solved for the Model Y in Austin.”

At first, it also seems as if the first Robotaxi rides will be available to a select group, as Musk said the ability to order one will not be available to the general public until later in the month. He also said the initial fleet will be between 10 and 20 vehicles:

“Yeah. We’re still debating the exact number to start off on day one, but it’s, like, I don’t know, maybe 10 or 20 vehicles on day one. And watch it carefully. They scale it up rapidly after that. So, we want to make sure that you’re paying very close attention the first time this happens. But, yeah, you will be able to — end of end of June or July, just go to Austin and order a Tesla for autonomous drive.”

While the June 1st date of the Robotaxi launch is extremely speculative, Tesla seems convinced that its vehicles could already handle this task. It would be something to see them come through on this date, especially on the first day of the month.

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