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Tesla range exaggeration lawsuit: a breakdown

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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:

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“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:

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“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.”

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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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NASA just gave SpaceX more crew missions because Boeing can’t certify

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NASA has filed a procurement notice announcing its intent to add six post-certification missions to SpaceX’s existing Commercial Crew Transportation Capability contract. The agency said it would order up to three of those missions immediately upon adding them to the contract, with the remaining three available as needed through the end of the International Space Station’s planned operations in 2030.

The reason for the expansion is straightforward. NASA cited recently shortened ISS mission durations, technical issues and schedule delays encountered by Boeing, the allocation of missions between Boeing and SpaceX, and the ongoing technical challenges of maintaining a reliable crew transportation capability as the driving factors behind the decision. Boeing’s CST-100 Starliner has still not been certified for crewed flights, and a cargo-only Starliner mission was not included on NASA’s most recent mission manifest. With Boeing effectively sidelined for the foreseeable future, SpaceX is the only American company capable of rotating crews to the station.

SpaceX Board has set a Mars bonus for Elon Musk

The history behind this contract tells the fuller story of how SpaceX got here. NASA originally awarded SpaceX its Commercial Crew contract in 2014 for $2.6 billion. In 2022 NASA modified the contract to add five missions covering Crew-10 through Crew-14, worth $1.436 billion, bringing the total contract value at that point to $4.9 billion. The recent May 18 filing by NASA extends that runway further, with Crew-12 currently docked at the station and Crew-13 assigned and targeting a mid-September 2026 launch.

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According to a report by SpaceNews, NASA stated in its filing: “It is necessary to award additional PCMs to SpaceX given the recently shortened ISS mission durations, technical issues and schedule delays encountered by Boeing, the allocation of missions between Boeing and SpaceX, NASA’s projections for when an alternative crew transportation system may become available, and the ongoing technical challenges of maintaining a reliable capability for crewed flights to ISS.”

No dollar value for the new six missions has been publicly confirmed yet, but based on the 2022 precedent of roughly $287 million per mission, the new block could represent close to $1.7 billion in additional contract value. With SpaceX simultaneously preparing Starship as NASA’s Artemis lunar lander, filing its S-1 for a June IPO, and now absorbing more ISS crew rotation work, the company’s role as the primary contractor for American human spaceflight is no longer a matter of circumstance. It is NASA policy.

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Energy

Zuckerberg’s Meta taps Musk’s Tesla for massive clean energy project

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Credit: Tesla

In a notable intersection of Big Tech powerhouses, Meta, led by Mark Zuckerberg, has partnered with Canadian energy infrastructure giant Enbridge on a significant renewable energy initiative that will rely on battery technology from Elon Musk’s Tesla.

The project, which was announced this week, marks another step in Meta’s aggressive push to power its expanding data center operations with clean energy, dispelling many of the complaints people have about them.

This new development is located near Cheyenne, Wyoming, and will feature a 365-megawatt (MW) solar farm paired with a 200 MW/1,600 megawatt-hour (MWh) battery energy storage system, also known as BESS. Tesla is providing the batteries for the project, valued at roughly $200 million.

The story was originally reported by Utility Dive.

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This Wyoming project represents the first phase of Enbridge and Meta’s joint “Cowboy Project.” Once operational, it will deliver power to Meta’s regional data centers through Cheyenne Light, Fuel, and Power under Wyoming’s Large Power Contract Service tariff.

This tariff, originally developed in collaboration with Microsoft and Black Hills Energy, is designed specifically for large loads like data centers. It ensures that the renewable supply serves hyperscale customers without impacting retail electricity rates for other users.

The battery system will operate under a long-term tolling agreement, providing dispatchable capacity that enhances grid reliability. During periods of high demand, the utility can access the backup generation, addressing one of the key challenges of integrating large-scale renewables with the explosive growth of data center electricity demand driven by artificial intelligence.

This latest collaboration builds on prior joint efforts between Enbridge and Meta in Texas, including the 600 MW Clear Fork Solar, 152 MW Easter Wind, and 300 MW Cone Wind projects. Together with the Wyoming initiative, the companies have now partnered on roughly 1.6 gigawatts (GW) of combined solar, wind, and storage capacity.

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The deal highlights the intensifying demand for reliable, low-carbon power from technology giants. Meta has committed to supporting its data center growth with renewable energy, joining peers like Microsoft and Google in seeking large-scale solutions. Enbridge’s Allen Capps described the project as “one of the larger utility-scale battery installations supporting U.S. data center operations and growth.”

The involvement of Tesla’s battery technology adds an intriguing layer, linking two of the world’s most prominent tech leaders—Zuckerberg and Musk—in the clean energy transition.

As data centers continue to drive unprecedented electricity load growth across the United States, projects like this one illustrate how hyperscalers are turning to strategic partnerships with traditional energy players and innovative storage solutions to meet both sustainability goals and reliability needs.

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Elon Musk

SpaceX reveals reason for Starship v3 stand down, announces next launch date

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Credit: SpaceX

SpaceX has decided to stand down from what was supposed to be the first test launch of Starship’s v3 rocket tonight after a minor issue with a hydraulic pin delayed the flight once more.

The company scrubbed its first test flight of the upgraded Starship v3 on May 21 in the final minutes of the countdown. SpaceX CEO Elon Musk quickly took to social media platform X, explaining that a hydraulic pin on the launch tower’s “chopsticks” arm failed to retract properly.

Musk added that the company would fix the issue this evening. SpaceX will attempt another launch tomorrow night at 5:30 p.m. CT, 6:30 p.m. ET, and 3:30 p.m. PT.

The countdown for Starship Flight 12 — featuring the taller and more capable V3 stack with Booster 19 and Ship 39 — had been progressing smoothly until the late-stage issue surfaced. The Mechazilla tower arm, designed to secure the vehicle on the pad and eventually catch returning boosters, could not complete its retraction sequence.

SpaceX teams immediately began troubleshooting the hydraulic system for an overnight repair.

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Starship V3 introduces several significant upgrades over earlier versions. These include greater propellant capacity, more powerful Raptor 3 engines, larger grid fins, enhanced heat shielding, and an improved fuel transfer system.

We covered the changes that were announced just days ago by SpaceX:

SpaceX unveils sweeping Starship V3 upgrades ahead of May 19 launch

The changes are intended to increase payload performance, support higher flight rates, and advance the vehicle toward operational missions, including Starlink deployments, NASA Artemis lunar landings, and future crewed Mars flights. The debut flight from Starbase’s new Launch Pad 2 marked an important milestone in scaling up the fully reusable Starship system.

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This stand-down highlights the intricate challenges of preparing the world’s most powerful rocket for flight. Despite extensive pre-launch checks, a single component in the ground support equipment can force a scrub.

The incident aligns with Starship’s proven iterative development approach. Previous test flights have encountered both successes and setbacks, each providing critical data that refines hardware and procedures. Some outlets may call some of these flights “failures,” when in reality, they are all opportunities for SpaceX to learn for the next attempt.

With V3, SpaceX aims to reduce ground-system dependencies and increase launch cadence to meet ambitious long-term goals.

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