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.
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I subscribed to Tesla Full Self-Driving after four free months: here’s why
It has been incredibly valuable to me, and that is what my main factor was in considering whether to subscribe or not. It has made driving much less stressful and much more enjoyable.
I have been lucky enough to experience Tesla Full Self-Driving for the entire duration of my ownership experience for free — for four months, I have not had to pay for what I feel is the best semi-autonomous driving suite on the market.
Today, my free trial finally ran out, and I had two choices: I could go without it for a period until I felt like I absolutely needed it, or I could subscribe to it, pay $99 per month, and continue to experience the future of passenger transportation.
I chose the latter, here’s why.
Tesla Full Self-Driving Takes the Stress Out of Driving
There are a handful of driving situations that I don’t really enjoy, and I think we all have certain situations that we would just rather not encounter. This is not to say that I won’t ever experience them as someone who has driven a car for 15 years (it feels weird saying that).
I don’t love to drive in cities; I really don’t like driving on I-695 on my way to Baltimore, and I truly hate parallel parking. All three things I can do and have done, all three within the past few weeks, too.
It takes all the stress out of city driving pic.twitter.com/q0SPPrH4HU
— TESLARATI (@Teslarati) December 4, 2025
However, if I can avoid them, I will, and Tesla Full Self-Driving does that for me.
Tesla Full Self-Driving Eliminates the Monotony
I drive to my alma mater, Penn State University, frequently in the Winter as I am a season ticket holder to Wrestling and have been for 16 years now.
The drive to State College is over two hours and over 100 miles in total, and the vast majority of it is boring as I travel on Rt 322, which is straight, and there is a lot of nature to look at on the way.
I am willing to let the car drive me on that ride, especially considering it is usually very low traffic, and the vast majority of it is spent on the highway.
The drive, along with several others, is simply a boring ride, where I’d much rather be looking out the windshield and windows at the mountains. I still pay attention, but having the car perform the turns and speed control makes the drive more enjoyable.
Tesla Full Self-Driving Makes Navigating Easier
Other than the local routes that I routinely travel and know like the back of my hand, I’ve really enjoyed Full Self-Driving’s ability to get me to places — specifically new ones — without me having to constantly check back at the Navigation.
Admittedly, I’ve had some qualms with the Nav, especially with some routing and the lack of ability to choose a specific route after starting a drive. For example, it takes a very interesting route to my local Supercharger, one that nobody local to my area would consider.
But there are many times I will go to a new palce and I’m not exactly sure where to go or how to get there. The Navigation, of course, helps with that. However, it is really a luxury to have my car do it for me.
To Conclude
There was no doubt in my mind that when my Full Self-Driving trial was up, I’d be subscribing. It was really a no-brainer. I am more than aware that Full Self-Driving is far from perfect, but it is, without any doubt, the best thing about my Tesla, to me.
It has been incredibly valuable to me, and that is what my main factor was in considering whether to subscribe or not. It has made driving much less stressful and much more enjoyable.
🚨 How I’ve gotten Tesla Full Self-Driving for free…until now
Watch me subscribe to Tesla FSD! https://t.co/bjK7EEOptR pic.twitter.com/cs5CmN5PdJ
— TESLARATI (@Teslarati) January 7, 2026
The Tesla Diner has been subject to many points of criticism since its launch in mid-2025, and skeptics and disbelievers claim the company’s latest novel concept is on its way down, but there’s a lot of evidence to state that is not the case.
The piece cites anecdotal evidence like empty parking lots, more staff than customers during a December visit, removed novelty items, like Optimus robot popcorn service and certain menu items, the departure of celebrity chef Eric Greenspan in November 2025, slow service, high prices, and a shift in recent Google/Yelp reviews toward disappointment.
The piece frames this as part of broader Tesla struggles, including sales figures and Elon Musk’s polarizing image, calling it a failed branding exercise rather than a sustainable restaurant.
This narrative is overstated and sensationalized, and is a good representation of coverage on Tesla by today’s media.
Novelty Fade is Normal, Not Failure
Any hyped launch, especially a unique Tesla-branded destination blending dining, Supercharging, and a drive-in theater, naturally sees initial crowds taper off after the “Instagram effect” wears down.
Tesla makes major change at Supercharger Diner amid epic demand
This is common for experiential spots in Los Angeles, especially pop-up attractions or celebrity-backed venues. The article admits early success with massive lines and social media buzz, but treats the return to normal operations as “dying down.”
In reality, this stabilization is a healthy sign of transitioning from hype-driven traffic to steady patronage.
Actual Performance Metrics Contradict “Ghost Town” Claims
- In Q4 2025, the Diner generated over $1 million in revenue, exceeding the average McDonald’s location
- It sold over 30,000 burgers and 83,000 fries in that quarter alone. These figures indicate a strong ongoing business, especially for a single-location prototype focused on enhancing Supercharger experiences rather than competing as a mass-market chain
It’s not a ghost town lol. The @Tesla Diner still had over 30,000 burger orders and 83,000 fries orders in Q4. The diner generated over $1M in revenue in Q4, a $4M annual run rate, which is more than the average McDonald’s…. pic.twitter.com/XvAGLUqxej
— Sawyer Merritt (@SawyerMerritt) January 4, 2026
Conflicting On-the-Ground Reports
While the article, and other similar pieces, describe a half-full parking lot and sparse customers during specific off-peak visits, other recent accounts push back:
- A January 2026 X post noted 50 of 80 Supercharger stalls were busy at 11 a.m., calling it “the busiest diner in Hollywood by close to an order of magnitude
TESLA DINER 🍔
Frantic!!!
Crazy busy. pic.twitter.com/wMbmr8SFFn
— Rich & Sharon (@HullTeslaModel3) January 4, 2026
- Reddit discussions around the same time describe it as not empty when locals drive by regularly, with some calling the empty narrative “disingenuous anti-Tesla slop.”
When we visited it last week it was packed. We had to wait to enter, get a table and go to the restroom. We were lucky to find a spot to charge.
— Rani G (@ranig) January 4, 2026
Bottom Line
The Tesla Diner, admittedly, is not the nonstop circus it was at launch–that was never sustainable or intended. But, it’s far from “dying” or an “empty pit stop.”
It functions as a successful prototype: boosting Supercharger usage, generating solid revenue, and serving as a branded amenity in the high-traffic EV market of Los Angeles.
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Tesla stands to win big from potential adjustment to autonomous vehicle limitations
Enabling scale, innovation, and profitability in a sector that is growing quickly would benefit Tesla significantly, especially as it has established itself as a leader.
Tesla stands to be a big winner from a potential easing of limitations on autonomous vehicle development, as the United States government could back off from the restrictions placed on companies developing self-driving car programs.
The U.S. House Energy and Commerce subcommittee will hold a hearing later this month that will aim to accelerate the deployment of autonomous vehicles. There are several key proposals that could impact the development of self-driving cars and potentially accelerate the deployment of this technology across the country.
These key proposals include raising the NHTSA’s exemption cap from 2,500 to 90,000 vehicles per year per automaker, preempting state-level regulations on autonomous vehicle systems, and mandating NHTSA guidelines for calibrating advanced driver assistance systems (ADAS).
Congress, to this point, has been divided on AV rules, with past bills like the 2017 House-passed measure stalling in the Senate. Recent pushes come from automakers urging the Trump administration to act faster amid competition from Chinese companies.
Companies like Tesla, who launched a Robotaxi service in Austin and the Bay Area last year, and Alphabet’s Waymo are highlighted as potential beneficiaries from lighter sanctions on AV development.
The NHTSA recently pledged to adopt a quicker exemption review for autonomous vehicle companies, and supporters of self-driving tech argue this will boost U.S. innovation, while critics are concerned about safety and job risks.
How Tesla Could Benefit from the Proposed Legislation
Tesla, under CEO Elon Musk’s leadership, has positioned itself as a pioneer in autonomous driving technology with its Full Self-Driving software and ambitious Robotaxi plans, including the Cybercab, which was unveiled in late 2024.
The draft legislation under consideration by the U.S. House subcommittee could provide Tesla with significant advantages, potentially transforming its operational and financial landscape.
NHTSA Exemption Cap Increase
First, the proposed increase in the NHTSA exemption cap from 2,500 to 90,000 vehicles annually would allow Tesla to scale up development dramatically.
Currently, regulatory hurdles limit how many fully autonomous vehicles can hit the roads without exhaustive approvals. For Tesla, this means accelerating the rollout of its robotaxi fleet, which Musk envisions as a network of millions of vehicles generating recurring revenue through ride-hailing. With Tesla’s vast existing fleet of over 6 million vehicles equipped with FSD hardware, a higher cap could enable rapid conversion and deployment, turning parked cars into profit centers overnight.
Preempting State Regulations
A united Federal framework would be created if it could preempt State regulations, eliminating the patchwork of rules that currently complicate interstate operations. Tesla has faced scrutiny and restrictions in states like California, especially as it has faced harsh criticism through imposed testing limits.
A federal override of State-level rules would reduce legal battles, compliance costs, and delays, allowing Tesla to expand services nationwide more seamlessly.
This is crucial for Tesla’s growth strategy, as it operates in multiple markets and aims for a coast-to-coast Robotaxi network, competing directly with Waymo’s city-specific expansions.
Bringing Safety Standards to the Present Day
Innovation in the passenger transportation sector has continued to outpace both State and Federal-level legislation, which has caused a lag in the development of many things, most notably, self-driving technology.
Updating these outdated safety standards, especially waiving requirements for steering wheels or mirrors, directly benefits Tesla’s innovative designs. Tesla wanted to ship Cybertruck without side mirrors, but Federal regulations required the company to equip the pickup with them.
Cybercab is also planned to be released without a steering wheel or pedals, and is tailored for full autonomy, but current rules would mandate human-ready features.
Streamlined NHTSA reviews would further expedite approvals, addressing Tesla’s complaints about bureaucratic slowdowns. In a letter written in June to the Trump Administration, automakers, including Tesla, urged faster action, and this legislation could deliver it.
In Summary
This legislation represents a potential regulatory tailwind for Tesla, but it still relies on the government to put forth action to make things easier from a regulatory perspective. Enabling scale, innovation, and profitability in a sector that is growing quickly would benefit Tesla significantly, especially as it has established itself as a leader.
I subscribed to Tesla Full Self-Driving after four free months: here’s why
Tesla Diner becomes latest target of gloom and doom narrative
