How to sue Tesla over historical claims

[seenhear]

Absolutely you have a case for small claims court. Anyone with a 2017 MCU1 car has a case, even if they didn't buy FSD, because they may want to subscribe to FSD (which was my case). But you actually have PAID for FSD.
I would make an appointment for the MCU2 upgrade. In your appointment request, specify you want it so you can run FSD-Supervised (note it's no longer considered "beta").
Once the quote comes for your approval, again request them to waive the cost since your car was sold to you with the promise that it included "all the necessary hardware for full self driving" which is obviously not true.
It may help to include screenshots of these claims/advertising from the Tesla website in the month or 2 ahead of when you bought the car. These can be found on the internet archive (aka "wayback machine").
When they refuse to comp you the upgrade, file for small claims per the OP instructions of this thread.

@pelargir - Alternatively, if you just want to get FSD asap, you could just pay for the MCU upgrade, then go to small claims after the fact. Either way should work. One could argue that the fact that FSD (presumably) got installed just days after the MCU upgrade could be further evidence to the claim that it is part of the "hardware required for full self driving" that was promised as included when you bought the car.

 

[gearchruncher]

@seenhear has given good advice here.
You have one more argument you can use- Elon tweeted that "all FSD capable cars will get a free FSD trial for a month." MCU1 cars did not get the free trial, only MCU2 cars. This seems like additional evidence that MCU1 cars are not "FSD Capable."

I'd give you 80% odds you'll win in court, and if you're willing to do the upgrade out of pocket and then show you got FSD a few days later, the argument that your car did not have all HW needed for FSD is that much stronger. You'll be able to ask Tesla why doing a hardware change in the car immediately led to getting FSD if the previous HW was actually FSD capable, and if they continue to argue that MCU1 was FSD capable, ask them how they define that term if it isn't based on actually having FSD on the car despite it being on literally millions of cars with a slightly different HW configuration.

 

[ComputerVison]

Could someone, OP, or otherwise, please share their court order with me, redacted name is OK. I'd like to include it with my small claims package as persuasive precedent.

 

[gearchruncher]

@ComputerVison - What claim basis are you working on? It's only precedent if you are claiming the same thing.

 

[ComputerVison]

@ComputerVison - What claim basis are you working on? It's only precedent if you are claiming the same thing.

Same as in OP, based on historical claims

 

[gearchruncher]

Same as in OP, based on historical claims

I am the OP.
You're going to need to be a lot more specific than "historical claims." Read my original post in detail, and then explain what your argument to the judge will be. You'll see for instance that I sued on two completely different basis.