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Tesla gets big legal wins as Musk finds himself at risk of libel over Thai caver controversy

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Tesla’s legal troubles got a bit lighter this week, while Elon Musk seemingly gave himself yet another self-inflicted blow. Earlier his week, Tesla won a dismissal of a securities fraud lawsuit over the company’s progress in the production of the Model 3. The company also won a court case against the Ontario government over the state’s cancellation of EV rebates for Tesla customers.

The securities fraud lawsuit against Tesla alleged that the company and its executives knowingly knew that they could not meet their self-imposed goals of producing 5,000 Model 3 per week by the end of December 2017. The lawsuit’s plaintiffs argued that despite knowing these, Tesla still gave the impression that it was equipped to meet its production goals. This caused the stock to become volatile, resulting in losses for some shareholders.

In a decision that was made public on Monday, U.S. District Judge Charles Breyer noted that while it was true that the electric car and energy company was not able to meet its self-imposed production goals, “federal securities laws do not punish companies for failing to achieve their targets.” Tesla, for its part, noted that its difficulties in reaching its manufacturing targets for the Model 3 were caused by bottlenecks in its Nevada Gigafactory and its main factory in Fremont, CA.

“Plaintiffs are correct that defendants’ qualifications would not have been meaningful if defendants had known that it was impossible for Tesla to meet its stated production goals, not merely highly unlikely. The facts plaintiffs have put forth do not tend to establish that this was the case,” Judge Breyer wrote.

Tesla also won a case it filed against the Ontario government over the cancellation of EV rebates for Tesla’s electric cars. The revised EV rebate program was rolled out by the new Ontario government, and it singled out Tesla’s customers from qualifying for rebates of up to $10,640. In a ruling on Monday, Judge Frederick Myers of Ontario opted to strike down the transition program rolled out by the new government. A spokesperson for Tesla issued a statement to Reuters welcoming the Ontario judge’s ruling.

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“Tesla only sought fair treatment for our customers, and we hope the Ministry now does the right thing by delivering on its promise to ensure all [electric vehicle]-owners receive their incentives,” the Tesla spokesperson said.

Unfortunately, this week also saw Elon Musk getting baited once more on Twitter over his previous comments about British cave explorer Vernon Unsworth, who was critical of Musk’s efforts to help a soccer team stranded in a flooded Thai cave system last July. After receiving requests online that he help in the Thai rescue efforts, Musk, together with SpaceX and Boring Co. engineers, developed a mini-submarine that the stranded children could use to escape the flooded cave system. Unsworth was dismissive of the mini-sub, stating that it would not work and suggesting that Musk “stick his submarine where it hurts.” In anger, Musk retorted, calling the caver a “pedo guy” on Twitter. Musk later deleted his tweet and apologized to Unsworth.

Just yesterday, Musk was on Twitter when he got baited into discussing Unsworth and his previous incendiary comments once more. At one point, Musk even noted that “You don’t think it’s strange he hasn’t sued me? He was offered free legal services.”

As it turns out, a libel lawsuit was indeed on the way. Unsworth is reportedly preparing to file a civil complaint for libel against Musk, according to a letter from the caver’s lawyer shared to CNBC. The attorney’s letter described Musk’s tweets as “false and defamatory.” The lawyer also urged Musk’s legal counsel to contact him to avoid litigation and correct the reportedly false statements. The letter was dated August 6, just a day before Musk posted his fateful “funding secured” tweet.

While Musk faces another possible lawsuit over his Twitter activity, Tesla continues to pursue its Model 3 ramp. The production of the electric car seems poised to hit record levels this quarter, with analyst Romit Shah of Nomura Instinet stating that Tesla could produce as many as 65,000-70,000 Model 3 this quarter. Baird analyst Ben Kallo is also optimistic about Tesla’s numbers this Q3, stating that the company’s fundamentals are “underappreciated” amidst the noise from the controversy resulting from Elon Musk’s go-private initiative. 

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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.

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Tesla is breaking even its own rules to cap off an intense Q3

Tesla is pulling out all the stops to have a strong Q3 as the EV tax credit will phase out.

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Credit: MarcoRP | X

Tesla is breaking its own rules by advertising on various platforms in an effort to sell as many cars as possible before the end of the $7,500 electric vehicle tax credit.

Tesla has had a very polarizing perspective on advertising. Over the years, it has taken on different attitudes toward spending any money on marketing. It has instead put those dollars into research and development to make its vehicles more advanced.

Back in 2019, Tesla CEO Elon Musk talked about the company advertising its vehicles and energy products:

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In 2021, in response to analyst Gary Black, who has pushed for Tesla to have a PR or marketing department, Musk said:

However, this did not hold as Tesla’s strategy for the long haul. While Musk did resist advertising for a long time, Tesla started placing ads on platforms like X, Google, and YouTube several years back. It’s pretty rare that Tesla pushes these ads, however.

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Tesla launches advertising on X in the U.S., expanding ‘small scale’ strategy outlined by Musk

The company’s stance on setting aside capital for advertising seems to be circumstantial. Right now, it is working to sell as many vehicles as it can before the tax credit comes to a close.

As a result, it is pushing some ads on YouTube:

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It’s a move that makes sense considering the timing. With just six weeks roughly left in the quarter, Tesla is going to work tirelessly to push as many cars into customer hands as possible. It will use every ounce of effort to get its products on people’s screens.

Tesla counters jab at lack of advertising with perfect response

Throw in one of the many incentives it is offering currently, and there will surely be some takers.

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Tesla rival’s CEO makes shock suggestion to customers about Model Y

“The Model Y is a great car, and Tesla also announced a number of promotions yesterday, so you might want to consider it.”

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(Credit: Tesla)

Tesla rival Xiaomi is experiencing demand that is off-the-charts with its new YU7 crossover, which competes with the Model Y. The company’s CEO has stated that demand is truly outpacing what it can build, and that customers in limbo should consider the Model Y because “it’s a great car.”

The Xiaomi YU7 has already gained an incredible number of orders so far. Its launch a few months ago had consumers busting down doors to place an order before others, and demand has been so high that customers will wait, on average, between 56 and 59 weeks for delivery.

Tesla Model Y meets new competition from Xiaomi 

Within 18 hours, Xiaomi received about 240,000 orders, CarScoops reported. Some customers are truly interested in the vehicle, but cannot wait the extended period to take delivery as they might need a car now.

Xiaomi CEO Lei Jun said on social meida that there are other cars out there that would be suitable as a replacement to the YU7:

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“If you need to buy a car quickly, other China-produced new energy vehicles are pretty good.”

He explicitly mentioned the Model Y, Xpeng G7, and Li Auto i8.

Regarding the Model Y, he said:

“The Model Y is a great car, and Tesla also announced a number of promotions yesterday, so you might want to consider it.”

The Model Y has been the best-selling car in the world over the past two years, and it still leads in many markets as the most sought-after EV. However, in China, there are so many formidable competitors that customers are seemingly going for whatever they can get to first.

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Of course, a car is a car, but Tesla has gained a more notable reputation for its industry-leading tech and driver assistance systems, including City Autopilot, which has been used in China for a few months now.

Tesla China owners share first impressions of FSD-style “City Autopilot”

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Tesla offers tasty Supercharging incentive as Q3 push continues

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Credit: Tesla

Tesla is offering a tasty Supercharging incentive on inventory Model 3 units in Canada as it continues to push sales in the third quarter.

In the United States, Tesla is preparing for the end of the $7,500 electric vehicle tax credit. While it is offering a multitude of incentives in the U.S. to help push sales of its vehicles before the credit goes away, it is not saving the deals for Americans exclusively.

Yesterday, the company announced it is now offering Free Supercharging for life on all Model 3 inventory in Canada, a massive incentive for those who would use the vehicle as a daily driver:

The deal would normally only apply to Superchargers located in Canada, meaning if a Canadian drove over the border into the United States and Supercharged, they would have to pay for it.

However, Tesla also confirmed that the charging deal would extend to the U.S. Canadians will be able to drive across the U.S. and Supercharge for free for the life of the vehicle.

Free Supercharging is such a great perk because the money an owner saves on charging factors directly into what they are saving if they were to own a gas car. While Supercharging and home charging are, on average, cheaper than filling up with gas, the savings are not massive.

When Supercharging is free, it can save consumers hundreds of dollars per month, especially if they plan to use the Tesla for their daily commute. Some people could fill their gas cars up two times a week to get to work, spending $80-$100 every five days on gas.

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Tesla has been using incentives like this to push vehicles into customers’ hands. Q3 could be one of the best three-month spans in recent memory with the push it is making.

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