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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.

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Tesla Robotaxi gets shade thrown on it by ex-Waymo CEO

“If they were striving to re-create today’s Bay Area Uber experience, looks like they’ve absolutely nailed it.”

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Credit: @AdanGuajardo/X

Tesla Robotaxi is getting more shade thrown on it by skeptics from all corners of the industry. Recently, it received some criticism from ex-Waymo CEO John Krafcik, who led the currently sits on the board of Tesla rival Rivian.

Robotaxi is Tesla’s self-driving ride-hailing service that operates in both Austin, Texas, and the San Francisco Bay Area.

In Austin, it launched on June 22, and it was the first city where Tesla launched driverless rides to a select group of invited guests. That group, as well as the geofence in Austin, has expanded several times in the roughly two months since its launch.

In the Bay, Tesla is not legally allowed to call the platform “Robotaxi,” so it refers to it as its ride-hailing service. This was confirmed by CEO Elon Musk.

However, Krafcik, who was with Waymo for about seven years, is skeptical of the Robotaxi fleet, basically calling it less than impressive and stating that it is a lot like Uber in San Francisco.

In an interview with Business Insider, Krafcik revealed his true thoughts about Tesla’s efforts:

“If they were striving to re-create today’s Bay Area Uber experience, looks like they’ve absolutely nailed it.”

He went on to say that the company’s decision to keep Safety Monitors in the vehicle for the time being makes the vehicle not a Robotaxi. In Austin, there is not a Safety Monitor in the driver’s seat, only in the front passenger’s seat.

In the Bay Area, there is a Safety Monitor in the driver’s seat, which is a regulatory requirement with the platform currently.

Krafcik continued:

“Please let me know when Tesla launches a robotaxi — I’m still waiting. It’s (rather obviously) not a robotaxi if there’s an employee inside the car.”

The presence of a Safety Monitor is only a measure of precaution currently, and Tesla has said that it is purely a move to ensure riders are kept out of danger.

Musk said recently that Tesla is being “paranoid” over safety, and for good reason. Any instance of an accident could set Tesla, or any self-driving program for that matter, back years.

Unfortunately, Krafcik said he has no desire to try Robotaxi, so it won’t get a fair shot at changing his mind.

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Comprehensive Tesla Model Y L insights shared by early reviewer

The Model Y L could very well become Tesla’s best-selling family vehicle by a mile.

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Credit: @cyfoxcat/X

An early reviewer of the Tesla Model Y L in China has teased what could very well be the most comprehensive list of features that has been shared so far about the upcoming extended wheelbase crossover.

Based on the early reviewer’s insights, the Model Y L could very well become Tesla’s best-selling family vehicle by a mile.

Model Y L sightings

The Tesla Model Y L has reportedly entered production in Giga Shanghai, though the vehicle itself is not being sold in the company’s domestic website as of yet. That being said, sightings from the electric vehicle community have suggested that Tesla China is now hard at work transporting Model Y L units to select stores across the country.

The Model Y L was listed in the China Ministry of Industry and Information Technology’s (MIIT) latest batch of new energy vehicle models that are eligible for vehicle purchase tax exemptions. Based on the MIIT’s filings, the vehicle will feature a 82.0-kWh lithium-ion battery from LG Energy Solution. It is also expected to add roughly 178 mm (7 inches) to the overall length of the standard Model Y, with 152 mm (6 inches) being dedicated to stretching the wheelbase.

New Model Y L insights 

A China-based blogger who reportedly previewed the Model Y L ahead of an expected nondisclosure agreement lift on Tuesday or Wednesday shared some of the vehicle’s alleged updates. As per the blogger, the Model Y L’s biggest updates focus on comfort and interior features. The front seats have reportedly been reworked with better cushioning, leg rests and lumbar support, though they do not add zero-gravity seating or massage functions. 

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The vehicle also comes with Continuous Damping Control suspension, a larger central display and an upgraded audio system with about 18 speakers, which was described as a significant improvement in sound quality. Amenities have reportedly been expanded for passengers in all three rows. Heating and ventilation will reportedly be available in the first and second rows, while the third row will have heating only. 

The third-row space was described as adequate, with a passenger standing 1.78 meters tall reportedly being able to sit with a fist’s worth of headroom. Tesla’s minimalist interior design reportedly remains, but the second row now includes armrests. Both the second and third rows also reportedly fold flat to form a large bed, though not as flat as the standard Model Y. A voice wake-up feature, “Hi Tesla,” is also included for China models.

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FAA clears SpaceX for Starship Flight 10 after probe into Flight 9 mishap

SpaceX will attempt a Gulf splashdown for Flight 10 once more instead of a tower capture.

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Credit: SpaceX

The Federal Aviation Administration has closed its review of SpaceX’s Starship Flight 9 mishap, clearing the way for the next launch attempt as soon as August 24. 

Flight 9 ended with the loss of both the Super Heavy booster and the upper stage, but regulators accepted SpaceX’s findings that a fuel component failure was the root cause. No public safety concerns were reported from the incident.

Starship recovery lessons

SpaceX noted that Flight 9 marked the first reuse of a Super Heavy booster. Unlike prior attempts, the company did not try a tower “chopsticks” recovery, opting instead for an offshore return that ended in a destructive breakup. The upper stage was also lost over the Indian Ocean. 

As per the FAA in its statement, “There are no reports of public injury or damage to public property. The FAA oversaw and accepted the findings of the SpaceX-led investigation. The final mishap report cites the probable root cause for the loss of the Starship vehicle as a failure of a fuel component. SpaceX identified corrective actions to prevent a reoccurrence of the event.”

SpaceX also highlighted that Flight 9’s debris did not harm any wildlife. “SpaceX works with an experienced global response provider to retrieve any debris that may wash up in South Texas and/or Mexico as a result of Starship flight test operations. During the survey of the expected debris field from the booster, there was no evidence of any floating or deceased marine life that would signal booster debris impact harmed animals in the vicinity,” the private space company noted.

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Expanding test objectives

To mitigate risks, SpaceX plans to adjust return angles for future flights and conduct additional landing burn tests on Flight 10. SpaceX will attempt a Gulf splashdown for Flight 10 once more, instead of a tower capture, according to a report from the Boston Herald.

The upcoming Starship Flight 10, which will be launching from Starbase in Texas, will also mark SpaceX’s attempt to perform its first payload deployment and an in-space Raptor relight. Despite recent setbacks, which include the last three flights ending with the upper stage experiencing a rapid unscheduled disassembly (RUD), Starship remains central to NASA’s Artemis program, with a variant tapped as the human landing system for Artemis III, the first since the Apollo program. 

Standing more than 400 feet tall and generating 16 million pounds of thrust, Starship remains the most powerful rocket flown, though it has yet to complete an orbital mission. The FAA has expanded SpaceX’s license to allow up to 25 Starship flights annually from Texas.

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