Agreement to Arbitrate

[stargazer]

"Pure profit" is how people stay in business, and "auto-pilot" is not "pure" profit, as it entails software and hardware and firmware that every other company in those businesses charge for. But I doubt they are penalizing. They are selling to those people that are willing to buy the car that gives them the most profit -- so they can stay in business. Those on that list get their cars first. But that's good business. Toyota does the same thing.

As it happens, it's moot...I received my car Saturday, in flawless condition. I'm a giddy fanboi, proselytizing all things Elon far and wide.

 

[ebmcs03]

Bump.

So what is the verdict on when we can opt out of arbitration? Before 30 days after taking delivery?

 

[Asad1087]

Bump.

So what is the verdict on when we can opt out of arbitration? Before 30 days after taking delivery?

These are the exact words in that section of delivery paperwork:

"You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: Tesla, Inc.; P.O. Box 15430; Fremont, CA 94539-7970, stating your name, Vehicle Identification Number, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract."

 

[Omniver]

So, those of you who have taken delivery - did you opt out?

 

[config.sys]

I still have to, but I do plan on doing so. That said, I just looked at my Nissan LEAF paperwork, and it contains a similar clause, so I guess it's not unheard of.

 

[NathanielHrnblwr]

I picked up my car last week. I'm sending my letter off this week. I assume it should be sent certified mail to have proof the request was received?

 

[jsrawa]

I picked up my car last week. I'm sending my letter off this week. I assume it should be sent certified mail to have proof the request was received?

Thinking the same thing, I definitely think send it certified.

 

[tvisdog]

I am not a lawyer, and this is not legal advice. But I have researched this question and in general the answer in any situation in which you are an individual consumer of a product from a large corporation is that you should opt out of arbitration.

Opting out of arbitration doesn't preclude the use of arbitration, it just means you aren't required to use arbitration. The two main benefits of opting out are that you can participate in class action suits against the company, and you can take the company to small claims court. These are both situations that are highly advantageous to individuals when resolving issues with large companies (which is why they want you to agree to give up those rights).

Even if you love Tesla and can't imagine a situation in which you'd want to sue them, keep in mind that things can change. They could be bought, or change leadership, or go bankrupt, and things like your warranty or your ability to supercharge or buy parts could be jeopardized. There are lots of foreseeable and unforeseeable situations in which you might want to have the ability to sue them in court instead of going to arbitration.

 

[ElectricGhost]

I plan to opt out. After my POS BMW I don't want to be an outlier that's without leverage and forgotten by the company ever again. I did not go down the legal path with them as I could not figure it out. However, keeping all options on the table would better facilitate finding one that would work to my advantage, no just the companies, if ever needed and warranted.

 

[3Twin]

As an attorney who is often on the side of businesses looking to enforce arbitration agreements, I always opt out of them as a consumer. Rarely is it actually beneficial to stay in.