How to sue Tesla over historical claims

[MP3Mike]

So, are 2016-2018 buyers sitting on a gold mine? Or is the best they can hope for, a refund of the $3-5k they paid?

It seems like they can't get anything either. From what I have seen Tesla is arguing that too much time has passed for them to bring an action. And the judge seems to have agreed so far.

Of course, it would probably be different in small claims court as Tesla likely won't show up.

 

[seenhear]

Thought I'd post an update on my efforts with my sept-2017 built Model S75:
(edit: FYI, I'm at 120kmi on the odo. Long past warranty for anything other than the motors and battery).

Several weeks ago I scheduled an appointment for the infotainment upgrade and stated that my goal was to get the car everything necessary to subscribe to FSD.

After some back and forth of them confirming what I wanted, they sent an estimate of approx $3k all in.
I then asked if this could be waived since my car was sold to me with the promise that it had all the hardware necessary for FSD.
Lots of time passed, with me asking for an update on my question, and the person saying they had sent it to their manager. I rescheduled several times waiting for a response.

Today I got two calls from Tesla, from the same service adviser (actually he said he was a manager). First call he told me that my car already had the necessary FSD computer and all I would need to pay for is the infotainment upgrade, but that wasn't necessary for FSD; that my car would run FSD with the computer and just not show the visualizations. I said I just want to subscribe to FSD and use/try it, so if that's all that's required, OK. He said yes.
I told him that I'm pretty sure it doesn't have the correct computer - as I'm at hw2.5 (nvidia) and not hw3. He said he'd double check and get back to me.

He called back and said it does need the hw3 upgrade and that they can install the computer free of charge, and remove the infotainment upgrade if I want. So I'm dropping it off tomorrow. The estimate has not yet been updated in the app. Still shows the $3k amount.

I'm not sure if this is the best path to take or not, if I truly want to force their hand on comping the whole infotainment upgrade to get the "full" FSD experience.

I'm assuming if I get the FSD computer w/o infotainment, I'll just be added to a queue for FSD subscription (like another member here) that will drag on for ever until they release code for FSD that works with the old MCU.

I recorded the 2nd conversation. Hopefully that helps when I complain that I still can't subscribe to FSD.

 

[MP3Mike]

I'm assuming if I get the FSD computer w/o infotainment, I'll just be added to a queue for FSD subscription (like another member here) that will drag on for ever until they release code for FSD that works with the old MCU.

That code already exists, and people are using it. (It just isn't the most current version of FSDb.)

Though given the recent recall, it may get updated fairly soon. (But I supposed they could update the old code to meet the recall and not bring it to the current FSDb version.)

 

[Vagus]

What's the advice for someone with FSD, HW3, updated cameras - but still on MCU1 and therefore software 2022.x.x - and vehicle now out of warranty?

Is there an argument for a comp MCU2 upgrade to get FSD beta - one that would legally stand up in small claims court?

 

[MP3Mike]

What's the advice for someone with FSD, HW3, updated cameras - but still on MCU1 and therefore software 2022.x.x - and vehicle now out of warranty?

What version are you actually on?

2022.8.10.10 contains FSDb for MCU1 vehicles. (I think there are newer 2022.x versions that do as well, but I haven't kept track of them.)

And I assume that a new version will be coming soon that incudes the recent AP recall fixes.

 

[m5james]

What version are you actually on?

2022.8.10.10 contains FSDb for MCU1 vehicles. (I think there are newer 2022.x versions that do as well, but I haven't kept track of them.)

And I assume that a new version will be coming soon that incudes the recent AP recall fixes.

2022.8.10.10/FSDb10.69.3.3 user...had FSDb for about a week, that was over a year ago. All but forgotten about since then, yet our '23 MY gets updates almost weekly. This is why people are pissed and suing...holding our breath isn't working.

Are you still on MCU1 and dealing with the same issues or just here to advocate for Tesla's "spend $3k or hurry up and wait (until the car is so old you'll upgrade)" mentality? It seems you're for the latter.

 

[Vagus]

What version are you actually on?

2022.8.10.16 - no fsd beta

 

[Yelobird]

2022.8.10.10/FSDb10.69.3.3 user...had FSDb for about a week, that was over a year ago. All but forgotten about since then, yet our '23 MY gets updates almost weekly. This is why people are pissed and suing...holding our breath isn't working.

Are you still on MCU1 and dealing with the same issues or just here to advocate for Tesla's "spend $3k or hurry up and wait (until the car is so old you'll upgrade)" mentality? It seems you're for the latter.

Seems he was simply Trying to help and provide answers? Confused that you Want the FSD update but haven’t subscribed in over a year and only for a week. They can only update what’s on your car. If you don’t Have FSD there are likely less updates on an old car.

 

[m5james]

Seems he was simply Trying to help and provide answers? Confused that you Want the FSD update but haven’t subscribed in over a year and only for a week. They can only update what’s on your car. If you don’t Have FSD there are likely less updates on an old car.

His past replies imply that those attempting to sue the richest man in the world to get MCU2 (and in turn get FSD) shouldn't be doing so and we should just pony up even more money to actually get FSD to work.

I NEVER said I didn't subscribe in a year, I said it hasn't worked in a year...my subscription has already been paid in full, now I expect it to actually work as advertised....crazy notion to some apparently. Seems Tesla's game plan is to let MCU1 users are just being forgotten about in hopes that we'll either sell their cars, pay outta pocket for MCU2 or just test our patience for whenever they release a dumbed down version that'll work with the graphics capabilities of MCU1 since it sounds like the biggest thing holding back MCU1 is it's ability to handle the graphics/processing speed, NOT the FSD hardware itself since it's already installed. There's countless stories on these forums where all they did was upgrade to MCU2 (cluster and screen) then boom...here come updates.

In short...the issue is those of us who bought vehicles advertised as FSD capable, ppaid extra for FSD, but then are expected to pay an additional $2250+/- to get what was advertised isn't right.

 

[MP3Mike]

I NEVER said I didn't subscribe in a year, I said it hasn't worked in a year...my subscription has already been paid in full, now I expect it to actually work as advertised....

I'm getting confused because it seems like your story keeps changing.

It started with FSD worked for a few weeks, and you got dinged and lost it. (Does dinged mean suspended for failing to pay attention/keep your hands on the wheel?)

I had FSD for a few weeks, got dinged and never got it back

Then later you said you only had it for about a week and are claiming that you aren't getting updates:

2022.8.10.10/FSDb10.69.3.3 user...had FSDb for about a week, that was over a year ago. All but forgotten about since then, yet our '23 MY gets updates almost weekly.

But earlier you said you were sent an update, but apparently you refused to install it?

What's funny is I just got 2022.8.10.15 sent to me today

Can you clarify, and share the actual details? Let's start with are you paying for the monthly FSD subscription, or did you buy FSD outright? What shows up in the Autopilot settings window? Any active service alerts? (Since I think someone else recently had a problem getting FSDb on MCU1 and it turned out to be a faulty main camera board.)

 

[seenhear]

His past replies imply that those attempting to sue the richest man in the world to get MCU2 (and in turn get FSD) shouldn't be doing so and we should just pony up even more money to actually get FSD to work.

Who are you talking about when you say "his past replies"?

 

[seenhear]

So I'm dropping it off tomorrow. The estimate has not yet been updated in the app. Still shows the $3k amount.

Dropped off car this morning. AND... they gave me a loaner for this work! I looked surprised and they said, yeah since this is something your car should have, it qualifies for a loaner.
(even though my car is out of warranty).
Interesting.
FSD AP computer upgrade from hw2.5 --> hw3 computer, no charge. Given a loaner while the do it.
Keep the pleasant surprises coming, Tesla.
There were a few CT's in the parking lot of the SC, and I jokingly said "I'll take that CT there on loan!" the guy was like, "I wish! those are customer owned cars."

 

[m5james]

Who are you talking about when you say "his past replies"?

MP3Mike

 

[m5james]

Dropped off car this morning. AND... they gave me a loaner for this work! I looked surprised and they said, yeah since this is something your car should have, it qualifies for a loaner.
(even though my car is out of warranty).
Interesting.
FSD AP computer upgrade from hw2.5 --> hw3 computer, no charge. Given a loaner while the do it.
Keep the pleasant surprises coming, Tesla.
There were a few CT's in the parking lot of the SC, and I jokingly said "I'll take that CT there on loan!" the guy was like, "I wish! those are customer owned cars."

Nice! I'm still in the "pay us $2250" stage, which I declined the installation appt and I can no longer see the convo in the app so thankfully I screenshot it before they declined doing the MCU2 for free. I'm curious to see what happens. I got a 2022.8.10.20 update last night but still no FSDb :/

 

[MP3Mike]

I got a 2022.8.10.20 update last night but still no FSDb.

What do the release notes say? Does the version information indicate that it contains FSDb, but it just isn't active for you?

Other people are getting 2022.8.10.17, that is just an update to remediate the telltale recsll. But I think they have a Model S with no AP.

 

[dbldwn02]

Nice! I'm still in the "pay us $2250" stage, which I declined the installation appt and I can no longer see the convo in the app so I'm thankful I screen shot it before they declined doing the MCU2 for free. I'm curious to see what happens. I got a 2022.8.10.20 update last night but still no FSDb.

What do the release notes say? Does the version information indicate that it contains FSDb, but it just isn't active for you?

Other people are getting 2022.8.10.17, that is just an update to remediate the telltale recsll. But I think they have a Model S with no AP.

So I just got a notification for the 2022.8.10.20 update. (Running 10.15 with FSDb v10 right now)

I'm wondering if I update to that, do I lose FSDb, since @m5james doesn't have it on that same version. That's kind of messed up if they take it away for a recall.

I'm assuming this car will eventually install the update whether I like it or not.

 

[m5james]

What do the release notes say? Does the version information indicate that it contains FSDb, but it just isn't active for you?

Other people are getting 2022.8.10.17, that is just an update to remediate the telltale recsll. But I think they have a Model S with no AP.

I'm at work so I cant confirm but a Google search provided - Tesla 2022.8.10.20 Release Notes

I can confirm I still don't have FSD even though it's got AP2.5 equipment and FSD was paid for at purchase.

 

[MP3Mike]

I'm wondering if I update to that, do I lose FSDb, since @m5james doesn't have it on that same version. That's kind of messed up if they take it away for a recall.

I doubt it, @m5james said FSDb was taken away from him without a software update. I think initially from strikes. He may also have a hardware problem, since it didn't come back. (Or maybe Tesla hasn't implemented the suspension/strike reset process on MCU1 vehicles.)

I'm assuming this car will eventually install the update whether I like it or not.

I don't think that ever happens, it seems to usually be from someone accidentally touching the install/schedule button. (Or someone else in the family doing it for them.)

 

[MP3Mike]

I'm at work so I cant confirm but a Google search provided - Tesla 2022.8.10.20 Release Notes

Can't you see the release notes in the app before installing? (Maybe that is only for newer vehicles?)

I can confirm I still don't have FSD even though it's got AP2.5 equipment and FSD was paid for at purchase.

Wait... Didn't you say you had FSDb for a few weeks? That would only be possible with AP3...

 

[m5james]

Can't you see the release notes in the app before installing? (Maybe that is only for newer vehicles?)


Wait... Didn't you say you had FSDb for a few weeks? That would only be possible with AP3...

About a year ago we had FSDb for about a week, got dinged for not touching the steering wheel INSTANTLY and after like 3x, it stopped working all together and hasn't worked since. The button to turn FSD on/off on the screen is grayed out, says it'll restore in a few weeks...once again, it's been about a year that we've been seeing that message as well.

We had the eMMC update done, AFAIK they didn't upgrade me to AP3, so if it's ONLY possible with AP3, then it'd be news to me if they did, otherwise I believe we're still only on AP2.5