Three Tesla owners have sued the automaker in a class action lawsuit that was filed on August 2, 2023, after a report from Reuters last week claims the company “exaggerates” its range ratings.
Teslarati examined the complaint, and we are here to give you a breakdown of what the suit says and what the three plaintiffs are suing Tesla for.
The Plaintiffs
Tesla is being sued by James Porter, Bryan Perez, and Dro Esraeili Estepanian, who state in their complaint against the automaker that their action “arises out of Tesla’s false advertising of its electric vehicles’ range, which Tesla grossly overvalued when selling the vehicles to consumers.”
According to the complaint, Porter owns a Model Y Performance and noticed a discrepancy in his vehicle’s range was compared to what it told him:
“After taking delivery of his Tesla vehicle in June 2022, Plaintiff Porter fully charged his vehicle to 100% battery charge and took a 2-hour trip to visit family, approximately 92 miles away. When he arrived at his destination, Plaintiff Porter noticed that the vehicle was left with approximately 40% charge.”
Perez owns a Model 3 Long Range, and the complaint states he had the same issue:
“After receiving his Tesla vehicle, Plaintiff Perez fully charged his vehicle to 100% battery charge and took an approximately 90-mile trip to visit his parents. After returning home from the approximately 180-mile round trip, he noticed that his vehicle showed that it had roughly 10-15% charge remaining.”
Estepanian also has a Model 3 Long Range, and the complaint describes a similar situation:
“Plaintiff Estepanian travels 140 to 150 miles round trip for his daily commute, and he routinely charges his vehicle to 90% battery charge (which equates to approximately 299 miles), per Tesla’s recommendation. Based on a 90% battery charge (and 299-mile starting range), he typically returns from his approximately 150-mile round trip each day and his Tesla vehicle’s screen displays that approximately 100 to 110 miles of range remain, which equates to roughly 33% battery charge remaining. Thus, Plaintiff Estepanian’s electric vehicle consistently loses approximately 189 miles of range during his daily commute—despite only driving approximately 140 to 150 miles round trip each day.”
The Plaintiffs’ Claims
The plaintiffs state that range is a key feature of electric vehicles and is “one of the most important features that consumers generally consider when purchasing an EV, because it correlates to the distance they can travel before needing to recharge the vehicle.”
Throughout the suit, the complaint shows images of Tesla’s website, highlighting range ratings and other “key features,” including top speed and acceleration.
They also include other pieces of evidence that seem to indicate Tesla has exaggerated range estimates.
One part of the complaint states:
“Tesla’s tactics to inflate the range estimates for its vehicles has continued. Recently, South Korean regulators fined Tesla for false advertising the ranges of its vehicles. Specifically, the Korea Fair Trade Commission found that Tesla exaggerated the “driving ranges of its cars on a single charge, their fuel cost-effectiveness compared to gasoline vehicles as well as the performance of its Superchargers.”
They also stated that other car companies to do not exaggerate range ratings, citing Recurrent’s testing of the Ford Mustang Mach-E, Chevrolet Bolt, and Hyundai Kona:
“Other electric vehicle manufacturers do not overestimate the range of their vehicles to the same extent. For example, Recurrent tested the Ford Mustang Mach-E, the Chevrolet Bolt, and the Hyundai Kona—all electric vehicles and direct competitors to Tesla model vehicles—and found their estimated ranges to be more accurate. In fact, the Hyundai Kona generally underestimated the range the vehicle could travel before requiring a recharge.”
Allegations in the Class Action Suit
The plaintiffs seek to represent anyone in California who purchased any Tesla vehicle and hope to solve questions including:
- a. Whether Tesla model vehicles fail to deliver the advertised estimated vehicle range in normal driving conditions;
- b. Whether Tesla exaggerated its advertised estimated vehicle ranges;
- c. Whether Tesla knew that its advertised estimated vehicle ranges were exaggerated and could not be met under normal driving conditions;
- d. When Tesla gained such knowledge;
- e. Whether Tesla designed, manufacture, marketed, advertised, sold, or otherwise placed its model vehicles into the stream of commerce with such knowledge;
- f. Whether Tesla intentionally concealed the fact that its advertised estimated vehicle ranges were exaggerated or otherwise could not be met under normal driving conditions;
- g. Whether Tesla’s conduct to divert complaints from Class Members who voiced concerns over their Tesla model vehicle’s range violated the terms of Tesla’s warranties;
- h. Whether Plaintiffs and Class Members were harmed by the fraud and deceptive practices alleged herein;
- i. Whether Tesla was unjustly enriched by its deceptive practices; and
- j. Whether Plaintiffs and the Class are entitled to equitable or injunctive relief
The case is 3:2023cv03878, Porter et al v. Tesla, Inc., and has been assigned to Judge Laurel Beeler.
I’d love to hear from you! If you have any comments, concerns, or questions, please email me at joey@teslarati.com. You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at tips@teslarati.com.
Elon Musk
Tesla shows what Roadster drivers will see on screen before thruster activation
Tesla’s Roadster video reveals a fighter jet inspired cockpit with a 5,500 PSI thruster gauge.
Tesla has given future owners their clearest look yet at the cockpit of its next generation Roadster. In a 34 second video posted to X on Friday afternoon, the company walked through the car’s touchscreen with a caption: “Inspired by fighter jet cockpits, Roadster’s interface was designed around the pilot.”
The clip opens on a black screen with red graphics and a 3D wireframe of the car, which sits beside the Roadster’s squared off yoke. Tapping parts of the model brings up controls for the rear wing, including low drag and high downforce positions, along with a charging page with a charge limit bar and a small music player. A row of tabs along the bottom reads Home, Vehicle, Listen, Climate and Navigate.
Most of the video is spent in Track Mode. The dashboard shows a live circuit map, a list of session lap times, brake and motor temperatures, and pressure and temperature readouts for each tire. A setup page lets the driver pick Auto, Low Drag, High Downforce or Custom aero modes, adjust aero balance and brake balance, and switch stability and traction control off. Along the bottom, a status bar reads “Thruster · 5,500 PSI” next to a “Boost Ready” indicator.
That gauge ties the software to the hardware Tesla showed off near Waco, Texas on October 15. The Thrust and Rocket versions use cold gas thrusters fed by carbon overwrapped pressure vessels, and Tesla lists 0 to 60 mph times of under 0.9 seconds and under 0.59 seconds for them, as Teslarati detailed in its breakdown of the three Roadster configurations. The base Performance car relies on a fan and ground sealing system for grip, and the aero settings on screen match the active wings and suction setup covered in our look at how the Roadster generates downforce.
The Roadster layout is a departure from the rest of Tesla’s lineup. Instead of a map centered screen, the Roadster puts the car itself at the center of the home page, and Tesla’s Roadster page lists two smaller forward displays alongside the main touchscreen. Tesla has not said whether any of the Track Mode telemetry will make its way to the Model 3 Performance or other vehicles.
The interface could still change before deliveries. Elon Musk said at the event that Roadster production will begin in 2028, and Tesla says the flagship Rocket version is not approved for public road use. Reservations are open with a $50,000 payment, while Thrust is listed as a limited release and Rocket is invite only.
Those who want to see the car in person will get their first chance this weekend. The Roadster goes on display in the lobby of the Petersen Automotive Museum in Los Angeles from October 24 to 27, according to Sawyer Merritt, the first time the public will be able to view it up close.
Elon Musk
Tesla reveals Optimus Academy, where robots teach themselves
Tesla has begun building production quality Optimus robots in Fremont and revealed its training plan.
Tesla has started building Optimus on the high volume line it set up inside its Fremont factory, and the company says the robots coming off it are the first that meet the bar for a real product. “The bots coming off this line are the first production-quality bots that we have manufactured,” Tesla wrote in its third quarter shareholder letter, adding that it has “proven that the current manufacturing process for Optimus is suitable for a commercial product.”
The line sits in space that built the Model S and Model X until this spring. Tesla cleared the old vehicle line in 46 days, as Teslarati reported in July, to make room for robot production sized for one million units a year. On Wednesday’s earnings call, Elon Musk said most of the equipment for that capacity is already in Fremont, with output set to climb toward roughly 20,000 robots a week as the line ramps.
Musk described the ramp as a classic S curve. “The growth of Optimus is an S curve, but the initial curve is a shallow slope,” he said. The team is now refining the robot’s AI, electromechanical design, reliability and service life, and Musk expects that work to be finished by the end of next year, when Tesla plans to start delivering Optimus to outside companies for dangerous, repetitive and around the clock jobs.
The most interesting part of the call was how Tesla plans to teach the robots. Its cars send real driving data back to the AI team from millions of vehicles, but Optimus has no fleet like that yet. “A big difference with Optimus versus the cars is we don’t have this vast fleet of cars from which we can gather training data,” Musk said. Tesla’s answer is an Optimus Academy, where 10,000 to 20,000 robots will practice a wide range of tasks and feed what they learn into the next version of the model. Every unit off the Fremont line becomes a source of that training data.
Smarter hardware is on the way too. Tesla plans to put its AI5 chip into Optimus next year, and Musk said a new Optimus video should arrive within one or two months showing the robot completing tasks driven by AI rather than preprogrammed motions. He took aim at rival humanoid demos that only run scripted routines, saying those would not hold up in the real world.
The supply chain is lining up behind the program. In September, Tesla certified Tuopu, Joyson and Sanhua as mass production partners for Optimus components. A far larger Optimus factory is also rising at Giga Texas, where drone footage from Joe Tegtmeyer showed the steel frame nearing completion, and Musk has pegged that plant’s long term target at 10 million robots a year.
Tesla executives also said Optimus production costs are trending toward the expected manufacturing cost of Cybercab, a sign the robot is being engineered for volume from the start. The hands remain the toughest piece of the design, a point Musk also made at the X Takeover event earlier this month, as Teslarati covered at the time, and that is where much of the current engineering effort is focused.
Elon Musk
The Starship moon landing number NASA and Elon Musk can’t agree on
Musk disputes NASA estimate of 22 Starship launches for Moon landing, predicting 6 to 8.
Elon Musk is disputing a new NASA safety panel estimate of how many Starship launches it will take to put astronauts on the Moon, saying the real number will be less than half the panel’s figure.
On Thursday, NASA’s Aerospace Safety Advisory Panel held its quarterly public meeting. Panel member Charlie Precourt, a former NASA astronaut, flagged the fueling process for SpaceX’s lunar lander as a major risk for Artemis IV, the mission planned to land a crew on the Moon in 2028. “We need to keep our eyes on numerous required fuelings for the lander,” Precourt said, according to Ars Technica. “I think the last estimate is around 22 flights.”
Ars Technica’s Eric Berger posted the comment on X, and Musk replied. “That’s way too high,” Musk wrote. “Actual number will be more like 6 to 8.”
The disagreement comes down to a basic problem with sending a ship as large as Starship to the Moon. Starship burns nearly all of its propellant just reaching Earth orbit, so it cannot continue on to the Moon without stopping for a refill. SpaceX’s answer is a gas station in space. First, a Starship that works as a storage tank, called a depot, is launched into orbit. Then a series of tanker Starships launch one at a time, dock with the depot and pump their leftover propellant into it. Once the depot is full, the lunar lander version of Starship launches, docks, fills up and heads for the Moon.
Every tanker trip is its own full rocket launch, which is why the count matters. More launches mean more time, more cost and more chances for something to go wrong before astronauts ever leave Earth. Berger estimated that even if SpaceX reaches twice weekly Starship launches by the end of 2027, filling a depot at the panel’s number would still take roughly three months.
How many tankers are needed depends mostly on how much propellant each one can carry to orbit and how much is lost along the way. Starship’s fuel and oxygen are stored at extremely cold temperatures, and some of it slowly boils off while waiting in orbit. More is lost in each transfer. NASA appears to be working from what Starship can lift today, while Musk’s range assumes a more capable rocket.
Musk has pushed back on higher counts before. In 2021, after a government document suggested 16 launches, he called that “extremely unlikely” and said eight tankers would be the most required.
Much of the answer depends on hardware SpaceX has not finished flying. As Teslarati noted earlier this year, the company plans to carry out the refueling process with its upgraded V3 Starship, and Precourt described Artemis IV as carrying “a large number of firsts.” He also praised NASA Administrator Jared Isaacman’s team for working to clear obstacles for both SpaceX and Blue Origin, whose Blue Moon lander does not rely on orbital refueling for its first mission.