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Tesla range exaggeration lawsuit: a breakdown

Credit: Tesla

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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.”

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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.”

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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:

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“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.

Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Tesla begins deliveries of its affordable Model Y Standard

The ‘Standard’ Model Y is now getting ready to fall into customer hands, according to some owners, who are preparing for or have already taken delivery of the new model.

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Credit: Tesla

Tesla has officially started deliveries of the affordable Model Y ‘Standard’ less than three weeks after the company launched it on October 8.

Following the loss of the $7,500 electric vehicle tax credit, Tesla launched the Model 3 and Model Y ‘Standard’ trims, both coming in at sub-$40,000 starting prices, but being stripped of many of the features that come in the ‘Premium’ configuration levels.

Tesla launches two new affordable models with ‘Standard’ Model 3, Y offerings

The vehicles are Tesla’s answer to the loss of the tax credit, which was phased out by the Trump Administration. Tesla said it has been developing these models for over a year, as it revealed in early 2024 that it was working to create new vehicles that would be more affordable.

It also said it was developing vehicles to be built on a new-generation platform, which is a likely reference to the Cybercab, which has also been spotted at both Gigafactory Texas and the Fremont Factory.

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The ‘Standard’ Model Y is now getting ready to fall into customer hands, according to some owners, who are preparing for or have already taken delivery of the new model:

Tesla slated deliveries for November when the two vehicles launched on October 8, but that seems to be an underpromise and overdeliver type of situation.

The new features for the Model Y include:

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  • New athletically tuned exterior and new alloy wheels to improve aerodynamics
  • 15.4″ touchscreen in the front, the same as the other trims
  • Available in three colors: Stealth Grey (free), White ($1,oo0 extra), Diamond Black ($1,500 extra)
  • Textile and vegan leather interior
  • Range sits at 321 miles
  • New front fascia
  • Covered glass roof (textile on inside)
  • Windows are not acoustically laminated for a quieter cabin
  • Manual mirrors and seats
  • Smaller frunk
  • No rear infotainment screen
  • No basic Autopilot
  • 69 kWh battery
  • New 19″ Aperture wheels
  • 0-60 MPH in 6.8 seconds
  • 7 speaker stereo, down from 15 speakers in premium models
@teslarati 🚨 Tesla’s Affordable Models are here! Let’s talk about them! #tesla #fyp #viral #teslaev #elonmusk ♬ Natural Emotions – Muspace Lofi

 

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Investor's Corner

Tesla analyst says this common earnings narrative is losing importance

“Numbers are going down next year, but that’s ok because it’s all about autonomy.”

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(Credit: Tesla)

A Tesla (NASDAQ: TSLA) analyst is doubling down on the idea that one common earnings narrative is losing importance as the company continues to work toward new technologies and projects.

This week, Tesla will report earnings for the third quarter, and one thing people always pay attention to is deliveries. Although Tesla reveals its deliveries for the quarter well before it reports earnings, many investors will look for commentary regarding the company’s strategy for responding to the loss of the $7,500 tax credit.

Tesla has made a few moves already, including a lease deal that takes a substantial amount of money off, launching new Standard models, and cutting up to 23 percent off of lease pricing.

Tesla makes crazy move to spur short-term demand in the U.S.

However, analysts are looking at the company in a different light.

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Aligning with the narrative that Tesla is not just a car company and has many different projects, Gene Munster of Deepwater Asset Management believes many investors need to look at another part of the business.

Munster said the delivery figures for Q3, which landed at 497,099, the highest in company history, were padded by customers rushing to showrooms to take advantage of the expiring tax credit.

He believes that deliveries will be more realistic in subsequent quarters, but investors should not worry because the focus on Tesla is not going to be on how many cars it hands over to customers:

“Numbers are going down next year, but that’s ok because it’s all about autonomy.”

Tesla has been working nonstop to roll out a dedicated Robotaxi platform in various cities across the United States, and has already launched in two states: Texas and California.

It has also received regulatory approvals to test driverless Robotaxis in Arizona and Nevada, while seeking permissions in Florida and other states, according to the company’s online job postings.

Munster continued:

“Most people are hyper-focused on the Robotaxi opportunity and not focused as much on FSD.”

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While Robotaxi is incredibly important, Tesla’s Full Self-Driving (Supervised) suite is also extremely crucial moving forward, as it sets the stage for the company to roll out a formidable self-driving service.

Tesla rolled out its newest FSD software to more owners last night, and as it expands, the company is gaining valuable data to refine its performance.

Earnings will be reported tomorrow at market close.

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Tesla rolled out a new feature with FSD v14 to fix a major complaint

One of the most crucial cameras for FSD operation is located at the top of the windshield, and some owners have complained about condensation or other debris accumulating here, which impacts FSD’s availability during drives.

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Credit: The Kilowatts | X

Tesla rolled out a new feature with Full Self-Driving (Supervised) v14.1.3 in an effort to fix a major complaint from owners.

Tesla’s approach to self-driving is significantly different than other companies as it only relies on cameras for operation. Tesla Vision was launched several years ago and completely axed any reliance the suite had on sensors, as CEO Elon Musk’s strategy was unorthodox and went against the grain.

However, it has proven to be effective, as Tesla still operates the most refined semi-autonomous driving suite in the United States.

There are some drawbacks, though, and one of them has to do with the obvious: cameras get dirty and need to be cleaned somewhat regularly.

One of the most crucial cameras for FSD operation is located at the top of the windshield, and some owners have complained about condensation or other debris accumulating here, which impacts FSD’s availability during drives:

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Tesla has been working to confront this issue, and in classic fashion, it used a software update to work on resolving it.

With the rollout of Full Self-Driving v14.1.3 and Software Version 2025.32.8.15, Tesla added a new feature that aims to clean the front camera efficiently without relying on the owner to do it manually.

Tesla Full Self-Driving’s new version officially gets a wider rollout

In its release notes for the suite, it said:

“Added automatic narrow field washing to provide rapid and efficient front camera self-cleaning, and optimize aerodynamics wash at higher vehicle speed.”

If the camera starts to have some issues with visibility, the car will automatically clean the front windshield camera to avoid any issues:

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This new addition is a small but mighty change considering all things. It is a necessary process to keep things operational and avoid any disruptions in FSD performance. It is also a testament to how much better Tesla vehicles can get with a simple software update.

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