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Does Tesla's parts and service policies violate state and federal consumer protection laws?

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I have had several disappointments recently in dealing with Tesla service, and some of the issues may be relevant to consumer protection laws in effect.

1) Last year our MCU failed in the replacement cost (over $2,700) was something we could not afford at the time. I bought a salvaged MCU from a parts shop in Los Angeles and had a local repair shop install it. When I took the car to Tesla to program it, they refused and said that the MCU was a special part that had to be bought directly from them and if I had them program it, it would void any remaining warranty and they would refuse to work on the vehicle going forward. So we saved up and had them replace the unit later. It seems that the stated policy would violate the Federal Trade Commission's Magnuson-Moss Warranty Act. Here is an excerpt from the FTC website.

Will using 'aftermarket' or recycled parts void my warranty?
No. An 'aftermarket' part is a part made by a company other than the vehicle manufacturer or the original equipment manufacturer. A 'recycled' part is a part that was made for and installed in a new vehicle by the manufacturer or the original equipment manufacturer, and later removed from the vehicle and made available for resale or reuse. Simply using an aftermarket or recycled part does not void your warranty. The Magnuson-Moss Warranty Act makes it illegal for companies to void your warranty or deny coverage under the warranty simply because you used an aftermarket or recycled part.

2) Our Model S has the optional 2nd charging unit installed and it recently failed.Tesla wanted over $1200 to replace it I learned that some of the charging units are susceptible to having a chip fail and that the chip can be replaced without replacing the entire unit. I was also told that a diagnostic screening generate result codes that would indicate that the problem was a failed chip. So,a couple of months ago I asked Tesla to run the diagnostics on the car and give me an estimate of the cost of repairing the 2nd charge unit. When I went to pick the car up I asked for a printed diagnostic report and they refused, saying that the information was "proprietary". Does this violate the 2017 upgraded "Right To Repair" legislation that addresses diagnostic tools, codes and data?

Indy Auto Repair Shops Can Now Demand the Codes
The passed legislation is good news for both indie auto repair shops and consumers as it helps ensure competition. Not only does this mean better auto repair pricing and cost but it means that you can get the same or better car repair experience from an independent auto shop. Having more diverse choices for auto service benefits everyone.

Experts familiar with the automotive industry do acknowledge that the deal may not be good for dealerships in the long-term, particularly for specialty item repairs. So let’s say for example an uncommon dashboard light comes on in your car, such as the Power Steering Warning Light or Malfunction Indicator Light. You might normally be tempted to take your vehicle to the dealership because you think it is a manufacturer-specific problem. Perhaps an independent repair shop wouldn’t be able to properly diagnose or repair this issue.


The Dealership No Longer Holds the Only Key to Specific Auto Repair
Thanks to this new bill, you no longer have to bring your vehicle to the specific automaker’s dealership. Chain and local auto repair shops can now have access to these computer diagnostics so they can tell you what’s wrong with the car and what needs to be done to fix it.

Moving forward the situation looks even better for non-dealership auto repair shops. Vehicles manufactured in or after 2018 will be required by law to use a standardized computer system that can be accessible to all mechanics wherever they work.

3) The door handle mechanism on the driver side rear door failed and I removed it and sent it to an independent repair shop that specialized in such repairs. The person running the business is thinking of giving up because Tesla refuses to sell her replacement parts. Is that a means of circumventing the above laws?​
 
Tesla's current repair and parts policies almost certainly violate several laws. The good news is that they are (slowly) getting better. They have absolutely no legal leg to stand on by refusing to perform a software flash on a salvaged MCU (while also failing to provide independent shops and you as an owner the tools you need to perform this work yourself).

I have been promised a "customer" version of toolbox for over a year now, which I am still waiting on. If and when they eventually release it, if it can't do things like reflash a salvaged MCU, Tesla will continue to be in violation of the law.
 
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Tesla's current repair and parts policies almost certainly violate several laws. The good news is that they are (slowly) getting better. They have absolutely no legal leg to stand on by refusing to perform a software flash on a salvaged MCU (while also failing to provide independent shops and you as an owner the tools you need to perform this work yourself).

I have been promised a "customer" version of toolbox for over a year now, which I am still waiting on. If and when they eventually release it, if it can't do things like reflash a salvaged MCU, Tesla will continue to be in violation of the law.

The Tesla toolbox is available online. You just need to pay a fee to access it. At least in MA that is the case.
 
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The Tesla toolbox is available online. You just need to pay a fee to access it. At least in MA that is the case.

Wrong. I live in MA.

While I can indeed pay for service manual access, it does NOT come with access to toolbox (despite many on the procedures in the manual requiring it). Believe me, I’ve tried very hard through every imaginable legitimate channel to get access, unsuccessfully. The current situation is attrocious.
 
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Wrong. I live in MA.

While I can indeed pay for service manual access, it does NOT come with access to toolbox (despite many on the procedures in the manual requiring it). Believe me, I’ve tried very hard through every imaginable legitimate channel to get access, unsuccessfully. The current situation is attrocious.

Toolbox

You should be able to register for an account in MA. I believe it is against the law for them to deny access
 
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Do we have the basis for a class action suit?

Almost certainly, especially if you're in MA where we have a right to repair law that explicitly states that auto manufacturers must provide owners and independent shops with access to these tools under fair and reasonable terms... Case is muddier for other states/locales, as there isn't really anything that says they have to provide access that I am aware of.


With that said, they absolutely cannot "void your warranty" for installing and programming an aftermarket or recycled part... That's a different issue IMO (INAL...). If I were you I would have called their bluff and insisted they program the part you had installed, warranty be damned. If they then refused to honor your warranty moving forward, you take them to court (small claims or otherwise) and have a 100% slam dunk case to win.
 
What can we do as owners to tip the scale? I've thought about reaching out to Tesla, but that is hard enough for normal service issues alone, much less changing their corporate policies.

Would a letter to a state attorney's office encouraging them to write to Tesla on behalf of owners be the best path?
 
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It's coming, I had the mobile mech repair my handle and while at it told him my sunroof keeps chattering, again. He looked up the records and recalled that he already looked at it when he replaced the last handle 9 months before. He did some diagnostics and determined it needed a rebuild and it was common as some of the glass wasn't built right. He said he'd order the parts and they'd schedule a service date. Dropped it off friday morning and they email me the service report saying that they didn't repair/replace the glass because the last time their records show the sunroof was serviced as 14,000miles/ 9 months ago and I didn't bring it in for an annual service at 12,500.

Had they contacted me I could have told them it's been doing it well before I hit 12,500 and I make sure the tracks are clean regularly. But I'll pick it up in the morning and explain all this, they'll probably give me some BS answer like they always do and I'll then ask for them to sell me the specific Klubersyn noise reduction grease they use, they'll promptly explain they can't sell it to me and I'll walk out explaining if they can't sell me the items to maintain my vehicle to their standards then they can do it for free/ under warranty.

I also asked them to give me a quote on 2 tires, they wanted $600 for two tires. Discount has the OE goodyears for $680 for all 4 installed with lifetime rotation/balance. I also let them know one lug nut was looking messed up and asked to give me one. They text me back to let me know they don't sell single lug nuts so I'd have to buy the whole set. It's simple things like this that will break their service department when they start selling mass market. It's things like the repair/maintenance that will get them in a class action.
 
Forget class action lawsuits over autopilot promises, this is what a class action suit needs to accomplish. This single factor is what will encourage me to keep my car past it's warranty. If I can not easily obtain parts and manuals for self repair, or at least independant shop repair, the car loses much of it's value for me to keep it for 200-300,000 miles (which I would love to do).
 
OP - On number 1 - you should have sued them, but I would think it would be harder since you played their game.
Number 2 - I don't see that they are violating the law. If an independent shop wanted a code reader, they would have to sell it to them. I expect $250,000 would be the price. Easy way for them to solve that problem.
Number 3 - they have gotten better on that - at least by report. That business owner should file a complaint or sue if still an issue.
I have an out of warranty car. I would not hesitate to take them to court if I had to. It would be for their own good.
 
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It's coming, I had the mobile mech repair my handle and while at it told him my sunroof keeps chattering, again. He looked up the records and recalled that he already looked at it when he replaced the last handle 9 months before. He did some diagnostics and determined it needed a rebuild and it was common as some of the glass wasn't built right. He said he'd order the parts and they'd schedule a service date. Dropped it off friday morning and they email me the service report saying that they didn't repair/replace the glass because the last time their records show the sunroof was serviced as 14,000miles/ 9 months ago and I didn't bring it in for an annual service at 12,500.

Had they contacted me I could have told them it's been doing it well before I hit 12,500 and I make sure the tracks are clean regularly. But I'll pick it up in the morning and explain all this, they'll probably give me some BS answer like they always do and I'll then ask for them to sell me the specific Klubersyn noise reduction grease they use, they'll promptly explain they can't sell it to me and I'll walk out explaining if they can't sell me the items to maintain my vehicle to their standards then they can do it for free/ under warranty.

I also asked them to give me a quote on 2 tires, they wanted $600 for two tires. Discount has the OE goodyears for $680 for all 4 installed with lifetime rotation/balance. I also let them know one lug nut was looking messed up and asked to give me one. They text me back to let me know they don't sell single lug nuts so I'd have to buy the whole set. It's simple things like this that will break their service department when they start selling mass market. It's things like the repair/maintenance that will get them in a class action.

As far as the sunroof goes, according to their own page they can't refuse it. If it's broken and under the new car warranty period they have to repair/replace it.

If I choose not to service my Tesla vehicle, will this void my warranty?
It is highly recommended that you service your Model S or Model X every 12 months or 12,500 miles (20,000 km), whichever comes first. If you do not follow this recommendation, your New Vehicle Limited Warranty will not be affected. During the agreement period of the Extended Service Agreement, your coverage may be affected if recommended service is not performed. See the Extended Service Agreement Terms and Conditions for further details.

Vehicle Warranty | Model S and Model X
 
Its pretty obvious they are in violation of the MA law. However until someone sues them for it they will keep doing as they please. Its a harder case federally as they typically do abide by the MM warranty act, although sometimes it does take some harassment and threats.

Remotely accessing vehicles to disable features seems like another blatant violation, but once again, it'll take someone to sue them (and not just settle) to force a change.