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Tesla ‘phantom braking’ lawsuit moves forward, but only in part

Credit: Andrea Conway/X

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A case against Tesla regarding phantom braking in its electric vehicles (EVs) will officially move forward, after a judge this week dismissed parts of the suit while giving the green light to plaintiff claims that the company intentionally concealed the issue from consumers.

On Friday, U.S. District Court Judge Georgia Alexakis removed certain parts of a proposed class action lawsuit, while saying the case could move forward under allegations that Tesla concealed the phantom braking issue, according to a report from Reuters. Other parts of the lawsuit were thrown out, including claims that Tesla owners were forced to overpay for car insurance premiums from the company due to issues with the EVs’ collision monitoring system.

How Tesla Autopilot and Full Self-Driving fared during a 6,400-mile drive

The suit, as initially filed and proposed as a class action lawsuit in 2023, has to do with Tesla’s forward collision monitoring system, which plaintiffs claim was falsely alerting to collisions ahead, even in times when there isn’t a safety risk ahead at all. Tesla requested that the entire lawsuit be thrown out, going on to deny claims that it was aware of the braking issue when selling a Model 3 to one of the plaintiffs in 2021.

As a result of the unintended braking, plaintiffs claimed that Tesla insurance premiums were being increased due to the false collision warnings, and they added that the automaker knew about the issues since as early as 2015. In response, Tesla’s lawyers argued that plaintiffs didn’t point to any specific communications that concealed such information.

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According to Alexakis, the suit “successfully connects the dots” between allegations of Tesla’s withholding of the information on its website, and the company’s front-facing online presence that most buyers use to make purchases. The judge has also said plaintiffs will be able to file an amended complaint if they want to revive the insurance claims piece of the suit.

Following the suit, the National Highway Traffic Safety Administration (NHTSA) opened a preliminary investigation into 416,000 Model 3 and Y units regarding the unintended braking issue, citing 354 complaints. There were no reported accidents or injuries related to the issue and the agency has not escalated the investigation since it was opened.

What are your thoughts? Let me know at zach@teslarati.com, find me on X at @zacharyvisconti, or send us tips at tips@teslarati.com.

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Zach is a renewable energy reporter who has been covering electric vehicles since 2020. He grew up in Fremont, California, and he currently lives in Colorado. His work has appeared in the Chicago Tribune, KRON4 San Francisco, FOX31 Denver, InsideEVs, CleanTechnica, and many other publications. When he isn't covering Tesla or other EV companies, you can find him writing and performing music, drinking a good cup of coffee, or hanging out with his cats, Banks and Freddie. Reach out at zach@teslarati.com, find him on X at @zacharyvisconti, or send us tips at tips@teslarati.com.

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IM Motors co-CEO apologizes to Tesla China over FUD comments

Liu said later investigations showed the accident was not caused by a brake failure on the Tesla’s part, contrary to his initial comments.

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Credit: Grok Imagine

Liu Tao, co-CEO of IM Motors, has publicly apologized to Tesla China for comments he made in 2022 suggesting a Tesla vehicle was defective following a fatal traffic accident in Chaozhou, China. 

Liu said later investigations showed the accident was not caused by a brake failure on the Tesla’s part, contrary to his initial comments.

IM Motors co-CEO issues apology

Liu Tao posted a statement addressing remarks he made following a serious traffic accident in Chaozhou, Guangdong province, in November 2022, as noted in a Sina News report. Liu stated that based on limited public information at the time, he published a Weibo post suggesting a safety issue with the Tesla involved in the crash. The executive clarified that his initial comments were incorrect.

“On November 17, 2022, based on limited publicly available information, I posted a Weibo post regarding a major traffic accident that occurred in Chaozhou, suggesting that the Tesla product involved in the accident posed a safety hazard. Four hours later, I deleted the post. In May 2023, according to the traffic police’s accident liability determination and relevant forensic opinions, the Chaozhou accident was not caused by Tesla brake failure. 

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“The aforementioned findings and opinions regarding the investigation conclusions of the Chaozhou accident corrected the erroneous statements I made in my previous Weibo post, and I hereby clarify and correct them. I apologize for the negative impact my inappropriate remarks made before the facts were ascertained, which caused Tesla,” Liu said. 

Investigation and court findings

The Chaozhou accident occurred in Raoping County in November 2022 and resulted in two deaths and three injuries. Video footage circulated online at the time showed a Tesla vehicle accelerating at high speed and colliding with multiple motorcycles and bicycles. Reports indicated the vehicle reached a speed of 198 kilometers per hour.

The incident drew widespread attention as the parties involved provided conflicting accounts and investigation details were released gradually. Media reports in early 2023 said investigation results had been completed, though the vehicle owner requested a re-investigation, delaying the issuance of a final liability determination.

The case resurfaced later in 2023 following a defamation lawsuit filed by Tesla China against a media outlet. According to a court judgment cited by Shanghai Securities News, forensic analysis determined that the fatal accident was unrelated to any malfunction on the Tesla’s braking or steering systems. The court also ruled that the media outlet must publish an apology, address the negative impact on Tesla China’s reputation, and pay a penalty of 30,000 yuan.

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SpaceX is exploring a “Starlink Phone” for direct-to-device internet services: report

The update was reportedly shared to Reuters by people familiar with the matter. 

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(Credit: T-Mobile)

SpaceX is reportedly exploring new products tied to Starlink, including a potential Starlink-branded phone. 

The update was reportedly shared to Reuters by people familiar with the matter. 

A possible Starlink Phone

As per Reuters’ sources, SpaceX has reportedly discussed building a mobile device designed to connect directly to the Starlink satellite constellation. Details about the potential device and its possible release are still unclear, however.

SpaceX has dabbled with mobile solutions in the past. The company has partnered with T-Mobile to provide Starlink connectivity to existing smartphones. And last year, SpaceX initiated a $19.6 billion purchase of satellite spectrum from EchoStar.

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Elon Musk did acknowledge the idea of a potential mobile device recently on X, writing that a Starlink phone is “not out of the question at some point.” Unlike conventional smartphones, however, Musk described a device that is “optimized purely for running max performance/watt neural nets.” 

Starlink and SpaceX’s revenue

Starlink has become SpaceX’s dominant commercial business. Reuters’ sources claimed that the private space company generated roughly $15–$16 billion in revenue last year, with about $8 billion in profit. Starlink is estimated to have accounted for 50% to 80% of SpaceX’s total revenue last year.

SpaceX now operates more than 9,500 Starlink satellites and serves over 9 million users worldwide. About 650 satellites are already dedicated to SpaceX’s direct-to-device initiative, which aims to eventually provide full cellular coverage globally.

Future expansion of Starlink’s mobile capabilities depends heavily on Starship, which is designed to launch larger batches of upgraded Starlink satellites. Musk has stated that each Starship launch carrying Starlink satellites could increase network capacity by “more than 20 times.”

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FCC accepts SpaceX filing for 1 million orbital data center plan

The move formally places SpaceX’s “Orbital Data Center” concept into the FCC’s review process.

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Credit: SpaceX/X

The Federal Communications Commission (FCC) has accepted SpaceX’s filing for a new non-geostationary orbit (NGSO) satellite system of up to one million spacecraft and has opened the proposal for public comment. 

The move formally places SpaceX’s “Orbital Data Center” concept into the FCC’s review process, marking the first regulatory step for the ambitious space-based computing network.

FCC opens SpaceX’s proposal for comment

In a public notice, the FCC’s Space Bureau stated that it is accepting SpaceX’s application to deploy a new non-geostationary satellite system known as the “SpaceX Orbital Data Center system.” As per the filing, the system would consist of “up to one million satellites” operating at altitudes between 500 and 2,000 kilometers, using optical inter-satellite links for data transmission.

The FCC notice described the proposal as a long-term effort. SpaceX wrote that the system would represent the “first step towards becoming a Kardashev II-level civilization – one that can harness the Sun’s full power.” The satellites would rely heavily on high-bandwidth optical links and conduct telemetry, tracking, and command operations, with traffic routed through space-based laser networks before being sent to authorized ground stations.

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FCC Chairman Brendan Carr highlighted the filing in a post on X, noting that the Commission is now seeking public comment on SpaceX’s proposal. Interested parties have until early March to submit comments.

What SpaceX is proposing to build

As per the FCC’s release, SpaceX’s orbital data center system would operate alongside its existing and planned Starlink constellations. The FCC notice noted that the proposed satellites may connect not only with others in the new system, but also with satellites in SpaceX’s first- and second-generation Starlink networks.

The filing also outlined several waiver requests, including exemptions from certain NGSO milestone and surety bond requirements, as well as flexibility in how orbital planes and communication beams are disclosed, as noted in a Benzinga report. SpaceX noted that these waivers are necessary to support the scale and architecture of the proposed system.

As noted in coverage of the filing, the proposal does not represent an immediate deployment plan, but rather a framework for future space-based computing infrastructure. SpaceX has discussed the idea of moving energy-intensive computing, such as AI workloads, into orbit, where continuous solar power and large physical scale could reduce constraints faced on Earth.

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