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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.”

Perez owns a Model 3 Long Range, and the complaint states he had the same issue:

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“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.

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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.

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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 Cybercab improvements are already on the minds of company engineers

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Credit: Tesla Europe & Middle East | X

Tesla Cybercab might have just rolled out to the public as it entered the company’s Robotaxi suite in Austin this past week. However, the vehicle might already be on its way to becoming even better, as the company is asking riders to describe what they’d like to see improved with the Cybercab.

Tesla sent a rider experience survey to Cybercab passengers only days after paid rides began in Austin. The questionnaire asks how satisfied riders were with the overall trip. Then it requests star ratings for availability and wait time, door functionality, vehicle touchscreen, mobile app experience, seat comfort, interior space, ride comfort, cleanliness, and cargo space.

A later section asks which features riders would most like to have and allows selection of up to three items from a list that includes heated seats, ventilated seats, fully reclining seats, a tray table, a wireless phone charger, a better sound system, and more storage. Respondents may also choose none of these or write in another idea. The survey closes with a recommendation score from zero to ten.

This rapid request for input illustrates Tesla’s habit of treating early users as collaborators rather than mere customers. The company has long refined vehicles through software updates and hardware changes informed by real-world use across its passenger cars.

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Collecting structured opinions so soon after commercial service started shows the same mindset applied to a purpose-built autonomous taxi. The questions themselves reveal an openness to cabin changes even after the first vehicles reached public streets, which is no surprise.

Tesla has always hoped to cater a great experience to anyone in its vehicles, which is why so many fan-requested features have made it into its vehicles.

Replies already circulating online favor reclining seats, tray tables, wireless charging, improved audio, and extra room when seats fold back.

Tesla Cybercabs narrowly miss deadly Amazon cargo plane crash

Those preferences point toward comfort upgrades that Tesla can implement in later production batches or through cabin revisions. Because the Cybercab is designed around software first principles, many requested amenities can arrive faster than in traditional automakers.

Tesla’s willingness to survey riders immediately after launch therefore makes near-term cabin and experience improvements likely as the team reviews responses and iterates toward a more refined robotaxi people will choose daily.

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Tesla Cybertruck engineer reveals new changes in ‘constantly evolving’ pickup

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Credit: Joe Tegtmeyer | YouTube

Tesla Cybertruck Lead Engineer Wes Morrill revealed the company has made several changes to the all-electric pickup, which he calls a “living thing, constantly evolving and improving.”

Cybertruck is manufactured at Tesla’s Gigafactory Texas just outside of Austin, and over the past few years, Tesla has continued to make small changes to the pickup to improve everything from cost, reliability, serviceablility, and manufacturability.

“The finish line isn’t getting to production. A product is a living thing, constantly evolving and improving,” Morrill added.

RELATED:

Tesla Cybertruck AWD is a steal at $60k, is it still at $75k? Full Review

Some of those changes are yet to be revealed, but perhaps the most notable one was the change Tesla made to the aero shield that sits underneath the truck. In the past, it was aluminum, but now the Cybertruck is using a self-reinforcing polypropylene.

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Morrill said that the polypropylene is “stretched into fibers and then laminated into the form,” and is much more durable, much lighter, and significantly cheaper than aluminum when it is manufactured this way.

It also enabled some improvements in the geometry of the Cybertruck, improving the manufacturing around the bolts and edges, in addition to minor form changes. These all benefitted the Cybertruck in more ways than one: specifically with durability and improved drag.

Typically, Teslas are not necessarily identified by model year because these changes are fluid and occur when the company sees fit to implement them. It is not like other automotive companies, which usually make sweeping manufacturing changes when building a new model year.

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Instead, Teslas are recognized by their “generation” or “era.” For example, those with a newer Model Y might refer to their car as a “Juniper.” This is the same with Model 3, as many refer to the new body style as the “Highland.”

Tesla’s manufacturing changes are proof of the company’s constant need to improve its products and move things forward with its vehicles. There is no need to drag one’s feet and wait until next year if the product can be made better right now, and that’s precisely what Tesla did with the Cybertruck.

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Tesla Cybercabs narrowly miss deadly Amazon cargo plane crash

An Amazon cargo plane crash near Miami’s airport stopped feet from dozens of Tesla Cybercabs.

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Photorealistic depiction of the Amazon Prime plane crash in Miami on Sep 3, 2026 near a fleet of Tesla Cybercab
Photorealistic depiction of the Amazon Prime plane crash in Miami on Sep 3, 2026 near a fleet of Tesla Cybercab

An Amazon Prime Air Boeing 767 cargo jet overran the runway at Miami International Airport on Sunday afternoon, killing five people and injuring five more. The jet, operated by North Carolina based carrier 21 Air as Flight 7598, touched down around 2 p.m. after arriving from San Juan, Puerto Rico, then crossed the airport perimeter, plowed across NW 67th Avenue and struck multiple vehicles before catching fire, according to the Associated Press.

Photos and video from the scene show the aircraft’s nose stopped within meters of a fenced staging lot holding dozens of gold painted Tesla Cybercabs, the steering wheel free robotaxi Tesla began putting on public roads in Austin last week. Miami-Dade Fire Rescue has confirmed the plane struck “multiple vehicles” but has not said whether any Cybercabs were among them, and neither Tesla nor airport officials have addressed the fleet directly.

The Cybercabs had not yet entered commercial service in Miami. Tesla’s existing Robotaxi operation there runs on modified Model Y vehicles and has been unsupervised since Ashok Elluswamy confirmed the detail on X in July.


Elon Musk offered the briefest of reactions. Replying to a Zero Hedge post about the Cybercabs sitting so close to the wreckage, he wrote a single word: “Weird.” He has not commented further, and Tesla has not issued a statement.

The timing puts Tesla’s newest vehicle near an unrelated but highly visible tragedy just days after its Austin debut, a launch that had already drawn scrutiny from federal regulators. The National Highway Traffic Safety Administration opened an audit how Tesla certified the Cybercab as compliant with federal vehicle safety standards, a process Teslarati covered after the vehicle’s September 3 launch event. That inquiry concerns the car’s lack of a steering wheel and pedals, not the Miami crash.

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Investigators from the FAA and NTSB are focused on the plane, not the parking lot beside it. Flight data reviewed by outlets including Simple Flying show the 767 touched down around 170 knots, well above the 135 to 140 knot range typical for the aircraft, though investigators have not determined a cause. Amazon said it is working with authorities and that its priority is the safety of everyone affected.

Whether any Cybercabs were damaged, and what Tesla plans for the fleet parked near one of the country’s busiest airports, remain open questions.

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