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Details behind Model X owner’s $5M+ class action lawsuit against Tesla
Following our report that a Model X owner has filed a class action law suit against Tesla, claiming a widespread defect in the vehicle’s onboard software causes sudden unattended acceleration (SUA), new details behind the suit have been obtained by Teslarati that shows a legal team aggressively targeting the core component to the Silicon Valley-based electric car maker’s fleet of vehicles.
The class action filed in federal district court claims Ji Chang Son – Korean star residing in Orange County, Calif. – crashed through his garage and into the living room of his home after his Tesla Model X accelerated suddenly and without warning on September 10, 2016, approximately one month after Mr. Son took delivery of the electric SUV. The suit claims that “Tesla has failed to properly disclose, explain, fix, or program safeguards to correct the underlying problem of unintended acceleration”, adding that “over sixteen thousand Model X owners with vehicles that could potentially accelerate out of control.
Son’s attorneys gave the court a full account of the development of the Model X, focusing on the company’s claim that the Model X is “the safest, fastest and most capable sport utility vehicle in history.” On the contrary, according to Son’s attorneys. They allege the Model X has a safety defect that permits the car to accelerate at full speed directly into solid objects, such as the exterior wall of Son’s home. In particular, they point out that 8 written complaints have already been filed with the National Highway Transportation Safety Administration from other Model X owners who report similar occurrences while driving their cars.
The lawsuit reads,
“Irrespective of whether the SUA events in the Model X are caused by mechanical issues with the accelerator pedal, an unknown failure in the electronic motor control system, a failure in other aspects of the electrical, mechanical, or computer systems, or some instances of pedal misapplication, the Model X is defective and unsafe. Tesla’s lack of response to this phenomenon is even more confounding when the vehicle is already equipped with the hardware necessary for the vehicle’s computer to be able to intercede to prevent unintended acceleration into fixed objects such as walls, fences, and buildings.
Despite repeated instances of Model X drivers reporting uncommanded full power acceleration while parking, Tesla has failed to develop and implement computer algorithms that would eliminate the danger of full power acceleration into fixed objects.This failure to provide a programming fix is especially confounding for a vehicle that knows when it is located at the driver’s home and is being parked in the garage, yet carries out an instruction, regardless of whether through an error by the vehicle control systems or by driver pedal misapplication, to accelerate at full power into the garage wall.
Further, not only has Tesla failed to fix the problems, it has chosen instead to follow in the footsteps of other automobile manufacturers and simply blame the driver.”
One problem, according to Son’s attorneys, is the software that controls the Automatic Emergency Braking system. Tesla has programmed that feature to disengage in order to allow drivers to make emergency maneuvers, “in situations where you are taking action to avoid a potential collision. For example:
- You turn the steering wheel sharply.
- You press the accelerator pedal.
- You press and release the brake pedal.
- A vehicle, motorcycle, bicycle, or pedestrian, is no longer detected ahead.”
In other words, say the attorneys, a Model X will drive straight into a solid wall if that is what the system thinks the driver wants it to do. “Apparently, this includes situations where the computer believes, rightly or wrongly, that the driver is commanding full power acceleration directly into fixed objects immediately in front of the vehicle.”
Class action lawsuits are complex and highly specialized legal actions. Federal law requires that the damages alleged for the entire class exceed $5 million. The plaintiff’s attorney have done so by claiming that Tesla is aware of at least two other instances in which drivers allege sudden unintended acceleration occurred while driving their Model X at low speeds. They then extrapolate those numbers to suggest that the rate of SUA incidents attributable to the Model X is 64 per 100,000 vehicles — substantially higher than for any other vehicle in history.
Page 12 of JI CHANG SON vs. TESLA MOTORS class action complaint
They point out that the incidence rate of SUA incidents for Toyota vehicles — which grabbed national headlines in 2010 — was far lower. They then go on to remind the court that Toyota paid several hundred million dollars to SUA victims as well as a $1.2 billion federal fine. Notice that the chart included in the pleadings shows an exaggerated and disproportionate projected SUA incidence rate for the Model X highlighted in bright red.
Tesla says its data retrieved from the vehicle’s blackbox shows the accelerator in Son’s Model X was fully depressed when the accident occurred. The question for the court will be whether the driver pressed the wrong pedal or whether the vehicle accelerated on its own. It is unclear whether a software failure would register the pedal as fully depressed even if it was not physically operated by the driver.
Plaintiffs always have the burden of proving their allegations. Attorneys for injured parties often rely on a legal doctrine known as res ipsa loquitur, which is Latin for “the thing speaks for itself.” Loosely translated, it means “we don’t know what is wrong with your product that you designed and built, but you know or should know.” Res ipsa loquitur shifts the burden of proof onto the defendant, which makes it much easier for a plaintiff to prevail in court.
One advantage the plaintiff gains from filing suit is the ability to discover what information Tesla has that is not yet public. Does Tesla know something it isn’t telling its customers? We may find out as this litigation goes forward.
We’ve provided a copy of the entire class action filing below.
[pdf-embedder url=”http://www.teslarati.com/wp-content/uploads/2017/01/Son-vs-Telsa-class-action-8-16-cv-2282.pdf”]
Elon Musk
Elon Musk roasts India’s billionaire Mukesh Ambani as Starlink fight heats up
Elon Musk sarcastically calls Mukesh Ambani ‘Prime Minister’ as the Starlink India standoff escalates again.
Elon Musk escalated his public fight over Starlink’s launch in India on Friday, addressing Reliance chairman Mukesh Ambani as “Prime Minister Ambani” in a sarcastic post on X. “Please accept my humble apologies for not realizing that you are the real boss of India,” Musk wrote, before accusing Ambani of “monopolistic exploitation” and asking whether he would “consider allowing Starlink to compete.” In follow up posts, he said Starlink has proven essential during natural disasters and would help parts of India with no internet access.
The post came two days into a fight that Musk sparked up on Wednesday, when he said Starlink was “being blocked by certain oligarchs in order to maintain their monopolistic chokehold on the Indian people.” He called it “a crime against the people of India” and left the names out, adding only, “You can guess who they are.” Jio and Airtel together hold more than 80% of India’s telecom market. On Thursday, Musk asked whether Ambani is “the real boss of India” and said Starlink has spent five years complying with “every single law and requirement” of the Indian government.
Dear Prime Minister Ambani,
Please accept my humble apologies for not realizing that you are the real boss of India.
Naturally, you would prefer to maintain your monopolistic exploitation of the great people of India, but would you nonetheless consider allowing Starlink to compete?
There are many areas of India, as there are in all countries, with no Internet access, which denies children the opportunity for education and for small businesses the opportunity to sell their goods to a global market. Starlink would change their lives for the better.
Thank you 🙏
— Elon Musk (@elonmusk) October 9, 2026
India’s government has pushed back each time. The Ministry of Communications called the suggestion that its framework is unfair or discriminatory “baseless and misconceived.” Communications Minister Jyotiraditya Scindia said Friday that three companies hold satcom licenses: Starlink, Jio Satellite Communications, and Bharti backed Eutelsat OneWeb. Amazon’s Kuiper, now Amazon Leo, is still going through the process. None can launch until regulators finalize satellite spectrum pricing and the Home Ministry signs off on each company’s security compliance. Scindia said the telecom regulator and the Department of Telecommunications are close to a decision on pricing, The Hindu reported. Bharti chairman Sunil Mittal also said OneWeb is still waiting on approvals.
Starlink received its operator license in 2025 after a three year wait, and the space regulator IN-SPACe granted what industry executives called the last approval needed in July. The holdup since then centers on security, particularly concern that foreign operators could bypass Indian gateways.
Musk and Ambani have been on opposite sides of this before. In late 2024, Ambani argued for auctioning satellite spectrum, which Musk criticized as out of step with the rest of the world, and India chose administrative allocation instead. By March 2025, the two sides had signed a deal to sell Starlink devices in Reliance stores, and Starlink secured its telecom license that June. That partner is now also a competitor. Jio is reportedly weighing a constellation of 1,600 to 1,650 satellites costing an estimated $10 billion to $15 billion, while Akash Ambani has told shareholders Jio plans to lease capacity from global providers to move quickly.
Elon Musk
Elon Musk’s surprise addition to the X Takeover lineup has fans talking
Elon Musk will join Saturday’s X Takeover at Giga Texas for a live virtual interview.
Elon Musk will join X Takeover at Giga Texas on Saturday for a live virtual interview, according to Sawyer Merritt, who shared the news late Thursday. Musk will not be on stage in Austin. The conversation is set to stream for free on the @teslaownersSV account on X.
Organizers had kept expectations in check. In a September update, Tesla Owners Silicon Valley said Musk had appeared at the event twice before but was not promising a third appearance, even as fans hoped he would walk the Giga Texas grounds in person. A virtual spot matches 2024, when Musk gave a surprise interview of about an hour to the crowd in San Luis Obispo, as Teslarati reported at the time.
Wasn’t expecting this 🫡
— Tesla Owners Silicon Valley (@teslaownersSV) October 9, 2026
This year’s edition is a first in several ways. It is the first X Takeover held outside California and the first at a Tesla facility, with tickets selling out in eight days. Tesla provides the venue, but the event is produced independently by Tesla Owners Silicon Valley. The main event runs from 10 a.m. to 6 p.m. CT, followed by a drone and light show at 9 p.m. Maye Musk is the keynote speaker, Franz von Holzhausen is set for a virtual keynote, and Nicki Minaj is the special guest. Joe Tegtmeyer, whose drone footage Teslarati used to track the Optimus factory steel frame at Giga Texas, is also on the speaker list.
Musk’s interview topics have not been revealed, but the backdrop is busy. Tesla doubled its Cybercab fleet in Austin in late September, and last week Musk explained why Robotaxi hours only moved from 10 p.m. to 11 p.m.. Merritt also reported Thursday that Texas DMV records now show 319 registered Cybercabs, up from 169. NHTSA’s deadline for Tesla’s sworn answers on Cybercab certification is October 30, and Tesla reports third quarter earnings on October 21.
Fans who cannot make it to Austin can watch the livestream on X. Musk tends to say more in unscripted settings than he does in prepared remarks, which is the reason this one is worth having open on Saturday.
News
It’s official: SpaceX takes aim at Verizon, AT&T, and T-Mobile
SpaceX is buying 800 MHz spectrum from Grain to turn Starlink Mobile into a carrier.
SpaceX has agreed to buy a nationwide block of low band wireless spectrum, a deal the company says will let Starlink Mobile operate as a full US carrier rather than a satellite add-on for someone else’s network.
The company announced the agreement on X on Thursday afternoon, saying it will “pave the way for @Starlink to become a major mobile carrier in the US.” The seller is Grain Management, a private investment firm that confirmed in a statement that SpaceX will acquire 100% of its nationwide 800 MHz portfolio. That covers up to 14 MHz of paired spectrum in the 817 to 824 MHz and 862 to 869 MHz bands. Neither side disclosed a price, and the deal still needs FCC approval.
We announced an agreement to acquire a nationwide low-band spectrum license portfolio that will pave the way for @Starlink to become a major mobile carrier in the US.
With this new spectrum and our Gen2 constellation, Starlink Mobile can ensure Americans have access to high-speed mobile broadband no matter where they are → https://t.co/1Uaf48v5pm
— SpaceX (@SpaceX) October 8, 2026
Grain only recently picked up the licenses itself. It bought the portfolio from T-Mobile in a transaction that closed in August, paying cash plus its own 600 MHz spectrum. Rival AST SpaceMobile had been testing satellites on the same bands before SpaceX stepped in.
SpaceX said its 2 GHz spectrum will handle high bandwidth capacity, while the new 800 MHz layer “ensures Starlink Mobile’s signal penetrates through obstacles, such as walls, and can provide service to customers’ devices even when they are in buildings.” The company added that most existing phones already support the band, so customers would not need new hardware to use it.
That 2 GHz spectrum came from SpaceX’s EchoStar acquisition last year, which gave the company exclusive S band rights in the US and global Mobile Satellite Service licenses. The Grain spectrum is different in an important way: it is tailored for service from ground towers, not satellites. SpaceX said that combination would make Starlink Mobile “the first network operator to deploy both satellite and terrestrial spectrum.”
The announcement also follows a key regulatory win. Earlier this week, the FCC approved SpaceX’s plan to deploy 15,000 second generation Starlink Mobile satellites, which the company has said will carry up to 100 times the data density of the current system, as Teslarati previously reported.
Shares of AT&T, Verizon and T-Mobile fell in extended trading after the announcement. T-Mobile is currently SpaceX’s launch partner for Starlink Mobile in the US, which makes its position the most complicated of the three.
SpaceX has not been subtle about its plans. During the company’s August earnings call, President and COO Gwynne Shotwell said she expected Starlink Mobile to win over customers from the major carriers. “I anticipate us to be able to acquire quite a few of their customers because I think our service will be better,” she said, pointing to dead zone coverage and resilience during disasters. Shotwell also described plans for low cost cellular base stations that could pair with existing Starlink dishes.
SpaceX has targeted 2027 for deployment of its next generation Starlink Mobile satellites, with upgraded service expected by the end of that year. The FCC review of the Grain deal now determines when the terrestrial half of that network can come online.
Elon Musk roasts India’s billionaire Mukesh Ambani as Starlink fight heats up
Elon Musk’s surprise addition to the X Takeover lineup has fans talking
It’s official: SpaceX takes aim at Verizon, AT&T, and T-Mobile
The Pentagon taps Elon Musk to design the battlefield of the future
Tesla Roadster’s new patent preps white-knuckle speeds, keeping it grounded
