Here is my draft wording for the complaint through VSABC regarding Tesla. It refers to the pending complaint regarding the VSABC but outlines the nature of the argument.
I suggest that the greater the number of similar complaints, the greater effect it will have.
START COMPLAINT
Tesla offers two incentive programs. If a purchaser uses a "referral code" the purchaser receives a consideration from Tesla. The consideration varies at different times. I was offered a consideration of 7500 kilometers of charging my car without cost.
An owner whose referral code is used receives a consideration. The consideration varies at different times but has included free vehicle charging and/or opportunties to win a Tesla vehicle.
Tesla initially provided me the purchaser consideration, then reversed the consideration, and subsequently reinstated the consideration. That matter is resolved.
Tesla states on its website however that, "Unfortunately, British Columbia residents are not eligible for referrer program awards."
Referral Program
I understand this is because an interpretation by the VSABC of the following provisions of the Motor Dealer Act.
1. The Act requires that a salesperson be licensed.
2. It defines a salesperson as follows:
"salesperson" means
(a) an individual, other than a motor dealer, who, on behalf of a motor dealer and for or in the expectation of a fee, gain or reward,
(i) solicits, negotiates or arranges for the sale of a motor vehicle to a person, or
(ii) in any way participates in the soliciting, negotiating or arranging for the sale of a motor vehicle to a person,
I say that Tesla and the VSABC are misapplying this definition. In offering my referral code I am not acting, "
on behalf of a motor dealer", I am acting in my own interest.
I do not meet the test of "
solicits, negotiates or arranges for the sale of a motor vehicle". In fact, I may never have contact with a person who uses my referral code. The person who uses my referral code may not be ordinarily resident in BC.
I do not meet the test of "
participates in the soliciting, negotiating or arranging for the sale of a motor vehicle". Again, I may never have contact with a person who uses my referral code. I will not have contact with Tesla. I may never have contact with a person who uses my referral code. They might just see it on a message I post on a website. The person who uses my referral code may not be ordinarily resident in BC. The transaction between Tesla and the purchaser may take place outside of British Columbia.
I say that Tesla is disqualifying me from a benefit without proper cause.
I do not believe that Telsa is doing this of its own volition. I believe that Tesla would like to implement the referrer program that is available throughout North America to British Columbians. I suggest Tesla is being improperly advised by VSABC.
I ask as remedy that Tesla Canada immediately implement the referrer program that is available throughout North America to British Columbians.
I will file a separate complaint against VSABC.
END COMPLAINT
