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.
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.
A Tesla Semi caught fire in Hayward, California, which caused both directions of traffic to shut down for hours before being completely reopened early on Wednesday, the California Highway Patrol said.
The fire occurred just after 5:30 local time in Hayward on Tuesday, as the Semi caught fire in the southbound lanes of I-880 before CHP officials made the decision to shut down both lanes of traffic due to potential risks from hazardous chemical smoke.
There were no injuries reported.
🚨 A Tesla Semi reportedly caught fire, with California Highway Patrol confirming. The Semi was on I-880 SB
An estimated 5,000 to 7,000 semi-truck and large commercial vehicle fires occur on U.S. roadways every year
— TESLARATI (@Teslarati) October 28, 2026
The cause of the fire is currently unknown, as neither Tesla nor the CHP have not determined a cause.
However, some images taken before the Semi was completely destroyed by the fire seem to indicate this might have been an older unit, as it appears to be one of the designs that Tesla shipped as part of its pilot program, before revising it and starting mass production just a month ago.
@Tslachan From on of the videos looks like it’s an old Semi (not the refresh version that recently started production) https://t.co/KzwmR2kXow
— Area Under The Curve 🎗️ (@AreaUnderCurve) October 28, 2026
At the time of publication, CHP had not returned our request for a comment for additional details, including the Semi involved and any potential collaboration on an investigation between the CHP and Tesla. We will update this story when we hear back from them.
The southbound lanes were reopened at 3:30 a.m. on Wednesday, with the northbound lanes opening last night a few hours after the fire began. The CHP did state that the lithium batteries were “incredibly difficult to extinguish,” according to NBC Bay Area.
The truck’s driver said that the Semi caught fire, but he did not have an explanation.
An estimated 5,000 to 7,000 semi-truck and large commercial vehicle fires occur on U.S. roadways every year.
Tesla’s launch of the “Emergency Drive Away” function a few months back offered owners a safe option to evacuate an area if they were in reasonable danger. The function finally got its first use in the real world, but it appears it was by mistake.
A video shared by u/Joshalander in the r/TeslaLounge subreddit recorded the instance from his vehicle and said the incident took place in Austin this past weekend during the city’s F1 Race.
“Was charging around 6 AM this past Sunday in Austin before heading to the F1 race and heard a pop. Looked over and saw the new emergency drive-away feature in action. Genuinely felt bad for the dude when he got out and realized what happened, since he looked exhausted and only seemed to half-read the prompts.”
🚨 Here’s the first look at Tesla’s Emergency Drive Away function in action:
Apparently this driver accidentally enabled it and drove forward; you can see the Supercharger pull with the car.
Tesla said previously this would cost up to $25k if not used properly. https://t.co/B4qQRrsO6B
— TESLARATI (@Teslarati) October 28, 2026
Emergency Drive Away unlatches the Supercharger connector from the vehicle, but still causes damage to both the car and the Supercharger. Tesla has said that it will cost up to $25,000 in repairs to have everything fixed back to normal.
Additionally, the company said that if it were not used in an emergency situation, the driver of the vehicle who activated the Emergency Drive Away feature would be responsible for all repair costs.
Tesla constitutes the following situations as reasonable justifications for activating the feature:
- You face an immediate threat to your life or personal safety.
- You must leave the area immediately.
- Exiting the vehicle is unsafe.
- Unplugging the charge connector would unreasonably delay your departure or expose you to a risk to your personal safety.
After using the feature, Tesla requires the driver to schedule Service so the car can be inspected.
News
Tesla’s Cybercab battery design could make robotaxis even cheaper
Tesla built the Cybercab’s battery pack with spare room for a future switch to LFP.
Tesla built the Cybercab’s battery pack with empty space inside it on purpose, and the reason points to a cheaper robotaxi down the road.
Robert Sumpf, Tesla’s director of mechanical design engineering for battery modules and packs, said the extra room beside and beneath the Cybercab’s modules was left there so the company can move to lithium iron phosphate cells later. “So, we protected this pack to go to an even lower energy dense chemistry as we scale and need to bring LFP into the platform,” Sumpf said in a Cybercab deep dive with Munro Live.
The Cybercab runs on Tesla’s own 4680 cells with a nickel chemistry today. LFP cells store less energy for their size, so a straight swap would cut range. The reserved space lets Tesla add more LFP cells to make up the difference. In return, Tesla would get cells that cost less, run cooler and survive more charge cycles. LFP became the most used EV battery chemistry in the world last year.
Not all of that room was planned for a chemistry change. Lars Moravy, Tesla’s Vice President of Vehicle Engineering, said part of it exists because “we didn’t need as many batteries as we thought we did.” Tesla told Sandy Munro in early 2025 that it was targeting a Cybercab pack under 50 kWh with close to 300 miles of range.
The pack also breaks from the structural design Tesla used in some Model Y and Cybertruck builds. Instead of potting hundreds of cells into one block, the Cybercab uses four separate, individually sealed modules, so a bad module can be replaced without scrapping the whole pack. Sumpf was blunt about the older approach, giving the Model Y structural battery “a grade D” because it was hard to build and nearly impossible to repair. He estimated a fully structural pack gains about 10% more cell volume, but said “the issue is the service cost.”
That cost matters more for a car that rarely sits parked. Cybercab chief engineer Eric Earley said replacing an entire pack “before half a million miles is a killer on cost,” which is why remanufacturing and serviceability were built into the design from the start.
The same Munro Live tour produced Moravy’s admission that the Cybercab line at Giga Texas is now outpacing Robotaxi deployments, along with a look at the robotaxi’s unorthodox paint process. Tesla is aiming to deliver the first Cybercabs to outside customers by the end of 2026, though Elon Musk has said the vast majority will stay owned by Tesla and run as a transport service.
Sumpf did not give a date for an LFP version, name a cell supplier or say how a chemistry change would affect range. For now, the 4680 cars keep piling up: Texas DMV records from Tuesday list 544 Cybercabs authorized for Tesla’s Robotaxi fleet, more than the 507 Model Ys on the same roster for the first time.
Tesla Semi catches fire in California: what we know
Tesla’s ‘Emergency Drive Away’ function gets its first use in the real world
