Also worth a look: The Consumer Protection from Unfair Trading Regulations 2008
Simple breach of contract also.
Simple breach of contract also.
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Has anyone sued Tesla for FSD costs?
- Thread starter edb49
- Start date
There is a danger with a claim I think of making the attacks so broad and on so many different fronts (trading standards, consumer rights, etc etc) that the thrust of the claim is lost. That's why I want to have a good think about what the strongest point(s) of attack are before I commit to making a claim.
Ultimately I'll be pitching this on the assumption that it will end up in front of a district judge, who may well know nothing about Teslas (or care), isn't going to have time to watch videos, or to wade through reams of tangental claims made by Musk on Twitter, etc. I'll be focusing specificially and explicitly on my car, my contract, within the broader context of what Tesla has done since (including - pointedly - completely removing "Coming later this year" from the ordering page, replacing it with "Upcoming").
Ultimately I'll be pitching this on the assumption that it will end up in front of a district judge, who may well know nothing about Teslas (or care), isn't going to have time to watch videos, or to wade through reams of tangental claims made by Musk on Twitter, etc. I'll be focusing specificially and explicitly on my car, my contract, within the broader context of what Tesla has done since (including - pointedly - completely removing "Coming later this year" from the ordering page, replacing it with "Upcoming").
Yes, simplicity is the key.
This what I ordered with expectation x at the time of order
this is what I have now.
Tesla kept moving the goalposts beyond a reasonable expectation
I don't think this legislation is for the consumers to enforce though - as I read it, it is legislation that trading standards officers can use.
WannabeOwner
Well-Known Member
I think the "depending on regulatory approval" bit (as I recollect it) might be a snag?
Surprised they haven't done that (I think they offered a 50% transfer-fee to a new vehicle in, I think? China)
Did they actually make more than a few quid for each punter? When I looked at what they were expecting to get for each person I thought it was derisory ... maybe it turned out better than that?
All this makes sense. The video, I think, is quite important because it's particularly damning. (e.g. This is what they demonstrated in 2016, I bought in 2019, I thought I'd have it soon. They actually faked the video.)
I'm going to start drafting a letter before action this week. I think it can be relatively simple, because I can't see any other outcome apart from Tesla saying "no" and court proceedings needing to be issued. The claim form in the court proceedings doesn't need much info, just the quantum of the claim, legislation/common law it's being brought under, and a brief explanation. No need to present evidence etc. at this stage. I would have thought Tesla would want to avoid the evidence actually being brought up and them having to defend it, so would settle before the court date. But I wouldn't try and guess their behaviour too far. "No plan survives first contact with the enemy."
Isn't the regulatory approval just the difference between it being a supervised ADAS and FSD? e.g. The actual technical capabilities are the same, it's just whether you have to supervise or not?
I agree I don’t think a consumer could enforce it, but might be useful as effectively an implied term of the contract?
Zilla91
Active Member
I got a couple of grand for a car that I had already sold on for not much less than what I purchased it for. Pretty much free money in my books.
£193m / 125,000 cars = £1.5k average each.
£193 million Volkswagen dieselgate settlement | Leigh Day
Further statement from Leigh Day following the settlement of the English and Welsh VW NOx Emissions Group Litigation
www.leighday.co.uk
There’s probably not enough FSD UK claimants to be worth their while. The no-win-no-fee financiers want the big reward to go with the big risk.
Zilla91
Active Member
Just went back over my emails, I got £1.7k. Was through Slater + Gordon rather than Leigh Day so that may explain the 200 quid discrepancy
Zilla91
Active Member
WannabeOwner
Well-Known Member
I think that is an order of magnitude less than it should have been ... dunno how many cars they sold in USA but the fine there was $billions ... had to buy back every car, and couldn't export it (e.g. to 3rd world) unless they fixed the car first, and then they had to pay to set up the whole Electrify America charging infrastructure (which I'm sure will make them money in the long run, but saved the government having to subsidise that part of the EV charging infrastructure rollout in the short term)
I'm sure I'm way off the mark in my description, I've written it from memory, but my thinking is that it was a lot more than the bloody nose of £1.5K per car UK settlement
Did the lawyers get paid via some other route then? (I'm ignorant on how that sort of thing works)
WannabeOwner
Well-Known Member
If FSD is defined as "unsupervised" (clearly it can't do that yet ...) then we don't have that regulatory approval yet (I don't think we have what is needed for the current Beta either, but I don't know that for sure). But if Tesla reply "You'll get it when [unsupervised] regulatory approval is in place" then I reckon that might enable them to stall you - just thinking of "fore-warned/armed"
Lawyers got their cut on top as part of the settlement (some side deal). This was just the first wave of a very specific engine type. There’s another group claim bubbling along still.
FSD Deferred Revenue - Tesla knows it has a liability.
wccftech.com
www.tesmanian.com
Tesla Has Unlocked Substantial Deferred Revenue Recognition by Expanding Its FSD Beta to 100,000 Additional Users
Tesla's Q2 2022 earnings prospects just became brighter as the EV company is now expanding its FSD beta program to 100,000 additional users
Tesla (TSLA) Recognized $48 million Of Deferred Revenue for FSD Improvements
Tesla recognized US$48 million of deferred revenue from its Full Self-Driving (FSD) package sales thanks to the release of its Stop Light and Stop Sign recognition and response feature. It marks a milestone for Tesla and its FSD suite.
www.tesmanian.com
Zilla91
Active Member
I'm not sure, I suspect there's a lot of annoyed owners who can't be bothered to go through the trouble of taking them to court so jumping on that would be easier, as well as the chancers who see the opportunity to get some money for nothing
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