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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 FSD and Robotaxis are making people aware how bad human drivers are

These observations really show that Tesla’s focus on autonomy would result in safer roads for everyone.

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Credit: Tesla

Tesla FSD and the Robotaxi network are becoming so good in their self-driving performance, they are starting to highlight just how bad humans really are at driving. 

This could be seen in several observations from the electric vehicle community.

Robotaxis are better than Uber, actually

Tesla’s Robotaxi service is only available in Austin and the Bay Area for now, but those who have used the service have generally been appreciative of its capabilities and performance. Some Robotaxi customers have observed that the service is simply so much more affordable than Uber, and its driving is actually really good.

One veteran Tesla owner, @BLKMDL3, recently noted that the Robotaxi service has become better than Uber simply because FSD now drives better than some human drivers.  Apart from the fact that Robotaxis allow riders to easily sync their phones to the rear display, the vehicles generally provide a significantly more comfortable ride than their manually-driven counterparts from Uber.

FSD is changing the narrative, one ride at a time

It appears that FSD V14 really is something special. The update has received wide acclaim from users since it was released, and the positive reactions are still coming. This was highlighted in a recent post from Tesla owner Travis Nicolette, who shared a recent experience with FSD. As per the Tesla owner, he was quite surprised as his car was able to accomplish a U-turn in a way that exceeded human drivers.

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Yet another example of FSD’s smooth and safe driving was showcased in a recent video, which showed a safety monitor of a Bay Area Robotaxi falling asleep in the driver’s seat. In any other car, a driver falling asleep at the wheel could easily result in a grave accident, but thanks to FSD, both the safety monitor and the passengers remained safe.

These observations, if any, really show that Tesla’s focus on autonomy would result in safer roads for everyone. As per the IIHS, there were 40,901 deaths from motor vehicle crashes in the United States in 2023. The NHTSA also estimated that in 2017, 91,000 police-reported crashes involved drowsy drivers. These crashes led to an estimated 50,000 people injured and 800 deaths. FSD could lower all these tragic statistics by a notable margin.

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Tesla lands approval for Robotaxi operation in third U.S. state

On Tuesday, Tesla officially received regulatory approval from the State of Arizona, making it the third state for the company to receive approval in.

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Tesla has officially landed approval to operate its Robotaxi ride-hailing service in its third U.S. state, as it has landed a regulatory green light from the State of Arizona’s Department of Transportation.

Tesla has been working to expand to new U.S. states after launching in Texas and California earlier this year. Recently, it said it was hoping to land in Nevada, Arizona, and Florida, expanding to five new cities in those three states.

On Tuesday, Tesla officially received regulatory approval from the State of Arizona, making it the third state for the company to receive approval in:

Tesla has also been working on approvals in Nevada and Florida, and it has also had Robotaxi test mules spotted in Pennsylvania.

The interesting thing about the Arizona approval is the fact that Tesla has not received an approval for any specific city; it appears that it can operate statewide. However, early on, Tesla will likely confine its operation to just one or two cities to keep things safe and controlled.

Over the past few months, Robotaxi mules have been spotted in portions of Phoenix and surrounding cities, such as Scottsdale, as the company has been attempting to cross off all the regulatory Ts that it is confronted with as it attempts to expand the ride-hailing service.

It appears the company will be operating it similarly to how it does in Texas, which differs from its California program. In Austin, there is no Safety Monitor in the driver’s seat, unless the route requires freeway travel. In California, there is always a Safety Monitor in the driver’s seat. However, this is unconfirmed.

Earlier today, Tesla enabled its Robotaxi app to be utilized for ride-hailing for anyone using the iOS platform.

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Tesla ride-hailing Safety Monitor dozes off during Bay Area ride

We won’t try to blame the camera person for the incident, because it clearly is not their fault. But it seems somewhat interesting that they did not try to wake the driver up and potentially contact Tesla immediately to alert them of the situation.

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Credit: u/ohmichael on Reddit

A Tesla Robotaxi Safety Monitor appeared to doze off during a ride in the California Bay Area, almost ironically proving the need for autonomous vehicles.

The instance was captured on camera and posted to Reddit in the r/sanfrancisco subreddit by u/ohmichael. They wrote that they have used Tesla’s ride-hailing service in the Bay Area in the past and had pleasant experiences.

However, this one was slightly different. They wrote:

“I took a Tesla Robotaxi in SF just over a week ago. I have used the service a few times before and it has always been great. I actually felt safer than in a regular rideshare.

This time was different. The safety driver literally fell asleep at least three times during the ride. Each time the car’s pay attention safety alert went off and the beeping is what woke him back up.

I reported it through the app to the Robotaxi support team and told them I had videos, but I never got a response.

I held off on posting anything because I wanted to give Tesla a chance to respond privately. It has been more than a week now and this feels like a serious issue for other riders too.

Has anyone else seen this happen?”

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My Tesla Robotaxi “safety” driver fell asleep
byu/ohmichael insanfrancisco

The driver eventually woke up after prompts from the vehicle, but it is pretty alarming to see someone like this while they’re ultimately responsible for what happens with the ride.

We won’t try to blame the camera person for the incident, because it clearly is not their fault. But it seems somewhat interesting that they did not try to wake the driver up and potentially contact Tesla immediately to alert them of the situation.

They should have probably left the vehicle immediately.

Tesla’s ride-hailing service in the Bay Area differs from the one that is currently active in Austin, Texas, due to local regulations. In Austin, there is no Safety Monitor in the driver’s seat unless the route requires the highway.

Tesla plans to remove the Safety Monitors in Austin by the end of the year.

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