I placed an order for a new Model X with the understanding that I could transfer my free charging from my 2018 model X to the new Tesla . I was just informed by the dealer that the delivery date has been changed to January or February 2024 and that Tesla might not honor the promotional incentive since the new Tesla delivery is scheduled after December 2023. WTF, has anyone heard the same thing? If this isn’t bait and switch, I don’t know what is!!
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Bait and Switch?
- Thread starter Bengonzales
- Start date
Delivery Time vs Free Unlimited Supercharging
Tesla introduced the offer of transfer free unlimited supercharging at 10:20. I placed my order a day and a half later. To qualify for transferring the free unlimited supercharging, I must take delivery by the end of this year. However, based on all the posts I've read so far, it seems unlikely...
teslamotorsclub.com
out of luck?
Hello All, We just reserved an X last week to take advantage of the free super charging transfer and the $ 7,500 tax credit due to the fact that the delivery window was Nov-Dec when we ordered. Now our RN says Dec-Jan. On top of that they changed the color from Midnight Silver to Stealth Gray...
teslamotorsclub.com
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Xenoilphobe
Well-Known Member
My order was also slipped from November/December to January/February. Also transferring FUSC from my 2016...
Tesla secretly modified my order and assigned me an inventory car instead of a new production car.
Most people understand that, but the car wasn't the same "batch" as he ordered. If the car was identical in spec to the car they ordered then not a problem. If the colors, wheels, seats and motors match, then it’s a match. Whether it’s hw3 or 4 or has other changes doesn’t really enter that...
teslamotorsclub.com
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Same here... I ordered MXP on 10/20 when I got the email 10/20 jumping on the offer.
Order page said Nov-Dec and I was excited.
EDD as of today is 12/29-2/24/24...
They are still promoting this offer via texts/emails/in-car pop up with basically ZERO chance of delivery by end of year.
Complete bait & switch if nothing changes on my EDD. If so, I'll just cancel my order and keep my Model S.
I hope Tesla is reading this and extends the offer past end of year. They are going to piss off a lot of customers in the process.
Order page said Nov-Dec and I was excited.
EDD as of today is 12/29-2/24/24...
They are still promoting this offer via texts/emails/in-car pop up with basically ZERO chance of delivery by end of year.
Complete bait & switch if nothing changes on my EDD. If so, I'll just cancel my order and keep my Model S.
I hope Tesla is reading this and extends the offer past end of year. They are going to piss off a lot of customers in the process.
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The bait and switch part was when they listed on their website delivery by Nov-Dec when it really was much later so it made people feel that they can place orders and get the FUSC transfer safely as well as the full tax credit to those who it applies to.
The problem is that the order fee was nonrefundable. They shouldn't let people feel that they can fulfill orders by December when realistically, they could not.
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I am in the same boat and it appears everyone who jumped on the free supercharging transfer and put in an order for an X are. When I put in my order it said November/December. Now it says December 30 - February 24. I am assuming as it gets closer to the end of December Tesla may try and get people to switch to an S or Y if they have inventory, since the offer was only for an S, X, and Y. I am hoping they will honor the transfer for orders that are in but hard to tell what Tesla will do these days.
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And that is the real problem. Had they told me on 10/23/23 that I would not receive the car until next year, I would not have ordered it. They were straight up and said it had to be delivered by 12/31/23 to get the offer and that is fine. Yet they are still advertising EDD of Dec -Jan for the Plaid when they just updated me today to Jan 3 - Feb 28 ??? And I am less than 200 miles from the factory.
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IANAL in terms of what's legally considered bait-and-switch or not. But it does seem a little gross that a lot of folks ordered (placed a nonrefundable deposit) with a site showing Nov - Dec only to have the EDD flip to something that straddles the new year a few days later.
Like it's fine (to some extent) to have limited quantity but that combined with a nonrefundable deposit seems to cross an ethical line.
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I’m in the same situation. I’m hopeful the will extend the offer. I heard they did that for the full self driving transfer earlier this year.
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I am in the same boat, but I am not worried one bit. Tesla wants to make the sale, and I place the order on day one. Neither me nor Tesla has done anything wrong, they just sparked more demand than they anticipated. I am 100% confident I will close on a new model x with free supercharging.
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I searched the inventory site and found three red Model Xes available. Perhaps not the exact configuration you're looking for, but worth considering if FUSC is important to you. As to whether or not this is bait and switch, I don't think so. This was originally advertised as a limited time promotion for vehicles delivered this year. This opportunity is getting a lot of interest, and it stands to reason that they might not be able to fulfill all of the orders by the end of the year.
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I would not call this a bait and switch. However, their EDD can lure people to pay the $250 non refundable order fee when it is not realistic. I ordered 10/23 when the EDD was Nov-Dec. 6 days later they changed it to Dec - Jan when they were still advertising Nov - Dec. Yesterday they changed my EDD to Jan 3- Feb 28 AND were STILL advertising Dec - Jan deliveries for new orders.
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Xenoilphobe
Well-Known Member
I'm not an attorney, but I have served on a jury a couple times, read 7 & 9....
SYNOPSIS OF FEDERAL TRADE COMMISSION DECISIONS CONCERNING “BAIT AND SWITCH” SALES PRACTICES
The Federal Trade Commission has determined that “bait and switch” practices are unfair or deceptive trade practices and are unlawful under Section 5 (a)
- (1) of the Federal Trade Commission Act. “Bait and switch” is the advertising of a product without the bona fide intention to sell it, for the purpose of establishing contact with a prospective customer in order to induce or “switch” him to purchase another product. This is achieved through a variety of practices designed to discourage the sale of the advertised product at the advertised price. 1/.
- It is an unfair or deceptive trade practice to disparage an advertised product for the purpose of “switching” a customer to the purchase of another product. 2/
- It is an unfair or deceptive trade practice to advertise a product whose actual appearance or performance discourages its purchase by being below the quality implied or represented in the advertising. 3/
- It is an unfair or deceptive trade practice to “switch” a customer to the higher priced product by refusing to show or to sell the advertised product. 4/
- It is an unfair or deceptive trade practice to “switch” a customer by claiming that the advertised product is unavailable or by failing to have the advertised product available in reasonable quantity. 5/
- It is an unfair or deceptive trade practice to “switch” a customer by refusing to take orders for delivery or failing to make delivery, if an order is taken, within a reasonable period of time. 6/
- The existence of bait and switch schemes may also be evidenced by the following factors:
- whether in fact there were a significant number of sales of the advertised product at the advertised price; 7
- whether salesmen received commissions on the sale of the advertised product or whether their commissions on such product were lower than for other products 8/
- or whether there were large advertising expenditures for a product whose sales were minimal. 9/
- The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC's online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357).
- Report Fraud
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Well I have never sat on a jury........and won't comment on the first disclosure. But as you can see it doesn't really fit the definition of "Bait and Switch". Maybe one could argue if they don't actually make enough available for the transfer but you can also transfer to a S or Y. I would say the the only cognizable claim would be the $250 order fee. Would have a strong case that they misrepresented availability to induce people to pay the fee. But for $250 in damages it would not be worth the trouble.
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Most likely they would honor and transfer. They did that for FSD transfers.
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I just ordered a Model X base three days ago on 11-1-2023 , specifically for the purpose of transfering my Unlimited Free SuperCharging Benifit along with the intentions of qualifying for the Federal Tax Credit. The Sales rep at the Tesla Sales office took my order and also had me sign the Supercharging Transfer agreement Document the same day. the EDD at the time was Dec - Jan. When I brought up the fact that it might be delivered beyond the Dec 31 cutoff he replied that Tesla would not be selling me a car with the intentions of not honoring the transfer. He added that they are still taking orders knowing that some will receive their cars after the deadline and Tesla would eventually extend the deadline to those who with no modifications, delays, rejections or postponements of their orders. will most likely be honored.
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