I hope there is no “CLASS ACTION LAWSUIT?
There already was one when EAP first was out and Tesla ended up settling and paying folks out (thought because they DID deliver the features, only a year late, the payouts were relatively small)
Failure to delivery something after 8 years it probably would be....not so small.
As for a refund….I think a lot of us bought FSD on our 2016/2017 cars when Tesla had a true
sale trying to raise some capital when times were hard. My guess is they will come in and say, here is your $3,000, we are removing FSDB and we are done with you. You should have taken our deal!!
They of course can't force you to take the refund, and you'd still have legal basis to ask for more than 3k (not only interest on the 3k, but arguably if you relied on the promise for why you bought the car in the first place at least some portion of the car price as well)
So he's finally admitting that Tesla lied to me when they claimed that my 2018 Model 3 had "all the necessary hardware" to be a robotaxi?
I mean, they admitted that years ago when HW3 was announced-- they just avoided any liability by giving FSD buyers free upgrades.
Not only have they had to replace hardware for purchasers of FSD, but now they're saying they cannot upgrade the hardware on my car!
Not can't- won't because it'd cost too much.
Offering to allow purchasers of FSD to transfer FSD to their next Tesla does not change the fact that they lied about the capability of the cars.
That's not quite how liability works though... You have to demonstrate damages.
If they promised you had all the HW needed- and they found out later they had to upgrade it, and did so for free, you haven't "lost" anything of quantifiable value from the original claim that wasn't true- so they don't "owe" you anything.
It'd be the fact they refuse to continue upgrading that'd be a problem (if they don't offer some other alternative of which several have been suggested)
And for FSD buyers, "amnesty" seems to mean they will honor your purchase of FSD only if you buy a new car from them! WTF??? If you paid for FSD they should have to give you a new car for free if they cannot upgrade your car! Or buy your car back for the full price you paid including all options, because it's not just the price of the FSD: You bought that car because FSD was promised. If they do not deliver full robo-taxi capability, they have defrauded you!
There's PARTS of this that would form the basis of some legal arguments... you're not getting full what-you-paid-in-2018 refunds of course because you've driven the car all those years-- You might well be able to argue for a generous what-its-worth-today buyback with full value plus interest for FSD on top though...but that'd be for a jury to decide if it comes to that.
More likely Tesla would come forward with a significantly more generous trade-in offer that most would be ok with it (assuming they have actual for-reals L4 or better FSD to deliver in those new cars- which presently they do not...)
Has anyone tried to QUANTIFY this? For S, X and early M3 owners, historically there was about an 8% take rate overall for FSD..not sure what that actual number ended up at by ~ Mar 2019 when the marketing and product description changed. But, does anyone HAVE the number of units sold X, S, and M3 let’s say up to Feb 2019? We could probably put an 8-15% FSD take rate RANGE on that and find the universe of OWNERS that Tesla might be having to do SOMETHING for going forward.
145,846 Model 3 and 99,394 Model S and X delivered in 2018... 10% would be roughly 24,500 people... you'd have buyers in the first quarter of 2019 too which are 50,900 Model 3 and 12,100 Model S and X so perhaps you get to about 31k people again assuming 10% take rate.
2017 is almost 100% S/X buyers- plus part of Q4 of 2016 which again S/X only... so you're maybe ballpark in the 45-50k range total for everyone who bought FSD prior to the March 2019 change.
Did I miss something? When did Tesla offer Robotaxi as an option when purchasing the car? Or when did they have Robotaxi as a "coming soon" option when buying a car? I bought in 2021, and the only thing they had was FSD Capability with Autosteer on City Streets "Coming Soon". I went to Telsa's site to order a new car and I don't see Robotaxi listed anywhere there either. Was it offered in a small window of time and then removed?
Tesla offers an entirely different set of automation features split among two products- EAP and FSD- until roughly March 2019.
From fall 2016 until then they were promising something that was at least L4 self- driving (arguably L5, but I think you'd have a VERY hard time proving L5 in court).
Only after the ~March 2019 change was FSD entirely modified in the description during sale to explicitly be an L2 only product with aspirations to maybe do more some day but no promises.
When I bought my 2018 Model 3, I was told it had "all the necessary hardware" for what Tesla was describing as Level 5 autonomy, though they didn't use that term.
I know we've covered this before- with you specifically, but they promised at least L4. As I said before, and just above in this post, L5 would be a tougher (though not impossible) haul to convince a jury of.
But if Tesla delivered you a reasonably wide ODD L4 system I suspect you'd lose any lawsuit you tried over "only" getting that.
Of course they don't have any such a thing to deliver to you.