-
Want to remove ads? Register an account and login to see fewer ads, and become a Supporting Member to remove almost all ads.
Breaking News: Class Action Lawsuit Filed Against Tesla re: FSD
- Thread starter 2101Guy
- Start date
So how do I opt out of the class action lawsuit? Not interested in giving money to some scummy lawyer, because that is the only person that makes money in a class action lawsuit.
Ciaopec
Active Member
I suppose it depends. I think I've received notices to either opt in or opt out of these things depending upon how they want to handle it.
roblab
Active Member
Exactly! I'm not a willing part of this. Tesla did the best they could, with no intent to scam the public. If they failed, they learned, and the product will be better for it.
I just got back from a thousand-mile trip, and several times I caught myself thinking, "Boy, this car is great." Great acceleration, great looks, great mileage for the power used. All the other cars were just pushing junk into the air with no care about global warming or climate change, but Tesla owners care. If the other auto makers would go 100% electric, we might actually make it past 2035. But they won't. Never do anything until it's absolutely critical, and then do only the minimum.
It doesn't work that way. If the scummy lawyer wins, they win a total dollar amount, of which a bunch goes to teh attorneys and those who opt-in share (pro rata usually) the rest (for pennies on the dollar). Whether you are in or out does not affect the total amount of the judgement. If you want out, you can also sue on your own.
Maybe one day a person could get a 10 to 15 year old electric car with a range of 120 miles. for 5 to 8 grand. I would be interested in getting a beater electric car but I would want it to have min range of 115 to 120 miles I just want to be able to do round trips of between 50 to 80 miles Summer and Winter.
The fine print of a contract certainly matters, but it doesn't necessarily or completely absolve Elon from the representations and statements he makes on behalf of the company.
This isn't how it (typically) works.
- The attorneys don't get paid their fees before the class receives it's settlement award. The attorneys file a fee petition AFTER the court has approved of the settlement negotiated on behalf of the class by the respective parties.
- Those individuals who opt to become a part of the class don't necessarily share the settlement proceeds pro rata. It depends on the terms of the settlement. Plus, the named class representatives usually receive the largest payout of all of the class members (even if there are class members who may have been most impacted by the actions of the defendant company).
- Whether an individual opts in or out of a class action absolutely does impact the amount of the settlement (or judgment). The larger the class is that is certified by the court, the greater leverage class counsel will have to negotiate a larger settlement. (Alternatively, in the rare event that a class action doesn't settle, the size of the class will directly influence the amount of the judgment awarded).
- While I understand why it seems unfair for the lawyers to receive what appears to be a disproportionate amount of a class action settlement, it is important to recognize that the lawyers are the ones who typically assume ALL of the financial risk with filing a class action (in terms of various advanced costs and thousands and thousands of hours of labor for which they won't get squat if the class isn't certified and a settlement or favorable judgment is achieved.)
The lawyers purport to represent my interest but they don’t. I didn’t initiate this suit, I don’t agree with it, I don’t want a ludicrously small settlement, and I don’t agree to accept it, and I don’t agree to give up all rights to sue Tesla in the future. I’ve been swept up before in these class action lawsuits and I resent the implication that they represent my interests. I bought the FSD knowing it wasn’t ready, knowing it was likely that it wouldn’t be ready during the life of my car. I like testing, I like technology, and I like being on the edge.
The doctored video is inexcusable, though. What the hell was Elon thinking?
If I were consulted about the suit, the only thing that would interest me is that the purchase of FSD stay with the purchaser and not the vehicle, so once purchased it would transfer to any future Tesla I own. That’s the only fair resolution to this.
What will happen is that I’ll be sent a check for a pittance, the lawyers will reap huge amounts. To say I’m not damaged by this suit isn’t correct. I’m the one that paid for the FSD, not the lawyers. They’re jumping in here claiming to represent me but they won’t ask me what I seek if anything in this. I hope the lawyers do lose, they’re the ones jumping in here uninvited.
This class action business is a huge money maker for lawyers. I’ve yet to see any sort of meaningful return for the “class”.
So opt me out. I don’t want to hurt Tesla. I don’t want my name associated with this suit. I resent the assumption that the lawyers are fighting for me. They’re not, they haven’t nor will they ask me what my goals are. Nor will they ask me before settling this thing. The lawyers will do what they think is best for them, they’ll try to profit from my FSD purchase. They’ll take virtually everything from any settlement and they’ll send me a tiny sum I don’t want. I don’t care that they spend “thousands of hours of labor”, they’re butting into my business, unasked and unwanted, and I damn well don’t appreciate it.
srs5694
Active Member
So don't join the class action. I've received a number of notices over the years that I'm eligible to participate in class-action lawsuits. My recollection is that most or all of them are opt-in -- if I do nothing, the lawyers filing the class action do not represent me; I can file a separate lawsuit if I so choose, or not sue at all. That said, I don't know offhand if the law requires all class-action lawsuits to be opt-in, so you might be obligated to explicitly opt out at some point; but if your contact information with Tesla, and maybe your motor vehicle registration, are up-to-date, you should get an official notice in the mail that will enable you to do so.
It truly shows his character. It wasn’t a mistake. It was intentional and designed to misrepresent. And he’s shown he’s a very hands on CEO so zero chance he wasn’t aware.
I have never voluntarily joined a class action lawsuit so I thought they were all “included in class unless one opts-out”. In any case when I get the paperwork I will indeed opt out.
Silicon Desert
Well-Known Member
Ha, thanks. Actually I am really old and remember it well and I thought about that when seeing the post. I guess I get it
Sometimes I just need more sleep.
Ciaopec
Active Member
Found a post about dodging AA in 'Nam. Guess you're old enough to remember Certs in spite of my lame humor.
23 TASS, NKP RTAFB, 1972-73 Nail Fac OV-10 for me. Tried to do this via PM but apparently you don't allow that. Cheers
I think the most likely result is that anyone who purchased FSD will get the entirety of their money returned to them. To be honest, I can’t even imagine another result. There is no defense for Tesla here. I predict Tesla settles for that result as opposed to litigating and opening themselves up to punitive damages and general ridicule. Of course, you can opt out if you like. Nobody is going to force you to take the money. But a judge and jurors are going to see this as black and white: Tesla sold something and didn’t provide it. It really is that black and white.
Last edited:
I understand your position and frustration. And certainly, the decision to opt in or out of a class action most likely depends on how important the subject matter of the case is to you personally based upon a variety of factors and how you prioritize those factors. While you may want to control your fate and opt out of a class action against Tesla, you may be content to opt in to a class action about how Charmin says a roll of toilet paper is 16 oz, when it is really 15.9 oz.
The class action business can be very lucrative for attorneys, but that is more the exception than the rule. "Good" class actions don't fall out of trees and a firm may go several years before having an opportunity to litigate a lucrative class action. And, as I previously mentioned, class actions are a very risky undertaking for a law firm and are very costly.
I do think there is a necessary "evil" aspect to the class action business. It (the class action system) is the primary means of holding businesses accountable for their misdeeds. Most people aren't going to sue a telecom that overcharges it's customers by rounding the cost of a fraction of a minute upwards. And although a class action may result in each class member getting a check for $1.49, those checks add up and deter the telecom company from that unlawful practice. The corporate defendant pays a large sum of damages (including attorneys fees and perhaps punitive damages) and it gets backlash from the bad publicity.
Is the system perfect? Of course not! But the lawyers aren't the ones who are depriving the class members of a larger settlement. And the lawyers are the means by which we (the purchasers, customers, etc) can collectively protect ourselves from being taken advantage of.
“I think the most likely result is that anyone who purchased FSD will get the entirety of their money returned to them. To be honest, I can’t even imagine another result.”
Try imagining this. They settle. Vast sums are involved. The 4 people that brought the suit get their full refund for their FSD. Lawyers get large amounts. You get a check for $118.47, a Tesla hat, and a coupon for $200 off the purchase of FSD in your next Tesla. That coupon is non transferrable and it expires in a year. You give up all all rights to ever pursue any damages from Tesla for anything related to your purchase of FSD In your car. You’ll hold Tesla harmless no matter what Tesla decides. Tesla gets a reset on all their promises, forgiven for all they promised to secure previous FSD sales. They decide to abandon FSD development as unworkable without expensive equipment upgrades to your car. They leave it a traffic aware cruise control with lane centering for use only on Interstate highways. The new Teslas get new computer systems, better cameras, LIDAR. Those upgrades are said to be incompatible with cars produced before 2023. You’re livid, you were promised any and all necessary upgrades to make your car capable. But you instead got your check for $118.47 and a hat, all because those 4 people decided to include you in their class action lawsuit and the lawyers agreed you to a worthless settlement.
Try imagining this. They settle. Vast sums are involved. The 4 people that brought the suit get their full refund for their FSD. Lawyers get large amounts. You get a check for $118.47, a Tesla hat, and a coupon for $200 off the purchase of FSD in your next Tesla. That coupon is non transferrable and it expires in a year. You give up all all rights to ever pursue any damages from Tesla for anything related to your purchase of FSD In your car. You’ll hold Tesla harmless no matter what Tesla decides. Tesla gets a reset on all their promises, forgiven for all they promised to secure previous FSD sales. They decide to abandon FSD development as unworkable without expensive equipment upgrades to your car. They leave it a traffic aware cruise control with lane centering for use only on Interstate highways. The new Teslas get new computer systems, better cameras, LIDAR. Those upgrades are said to be incompatible with cars produced before 2023. You’re livid, you were promised any and all necessary upgrades to make your car capable. But you instead got your check for $118.47 and a hat, all because those 4 people decided to include you in their class action lawsuit and the lawyers agreed you to a worthless settlement.
Last edited:
canasion35
Active Member
Anyone not gunna call out in the elephant in the room that even basics AP has a hard time following even slight bends and hugs the centerline too close?
Similar threads
