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How to sue Tesla over historical claims

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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.
Man...that's savage. I've had it for several months...luckily no strikes.
 
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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
Check the additional information screen and see what it says you have. If it says "Full self-driving computer" you have the AP3 computer, and you have the AP2.5 cameras.
 
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Man...that's savage. I've had it for several months...luckily no strikes.
I used it once, got annoyed with some of the lane changes (drove from work to home OK until I got off my exit, at which point it insisted on being in the RH lane even though my neighborhood was coming up on the LH), then I got dinged. The following times happened when the wife driving it taking our daughter to and from school while in traffic, then it just never came back.
 
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.
Have you opened a service ticket asking them to reset the suspension, which hasn't happened like it should have? Have you emailed the FSD beta team with the same request?

They really need to fix that.
 
Check the additional information screen and see what it says you have. If it says "FSD computer" you have the AP3 computer, and you have the AP2.5 cameras.
"Autpilot Computer: Full self-driving computer" but there's nothing saying about what AP version I have. There was some trick someone shared on a different thread for those trying to confirm if their vehicle had SC01 using a Tesla website, but I don't recall if that mentioned AP equipment. I have specifically asked via the app if upgrading the cameras would help me get FSD back but they said there are no pending updates for my vehicles. I'll give it a try if you've got a way I can confirm if I've got AP2.5 or AP3, but AFAIK I only have AP2.5.

EDIT: Post I was referring to about how to check vehicle options, doesn't appear to mention AP version, though.

From Tesla Supercharging FAQ (make sure you read review this link).
- Log in your Tesla account via a web browser (not mobile app), then select manage cars
- Right click on the car image and select "copy image address" or "open image in new tab"
The option string should be in the resulting link and look something like:
https://static-assets.tesla.com/v1/compositor/?model=m3&view=STUD_3QTR
&size=1440&options=$APPB,$APBS, $DV4W,$IN3PB,$PPSW, $PRM31,$SC04,$TW01,$MDL3,$W38B, $MT310,$CPF0,$DRRH, $FM3U,$RSF1 &bkba_opt=1&crop=1450,600,250,300
* From here you can see the Supercharging code, in the example above it is SC04.
Regardless of year, trust the code. Regardless the number of owners, so long as it was not sold back to Tesla, trust the code.
 
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I'll give it a try if you've got a way I can confirm if I've got AP2.5 or AP3, but AFAIK I only have AP2.5.
This confirms you have AP3:
"Autpilot Computer: Full self-driving computer"
Also, the fact that you ever had FSDb means you have AP3, it was never available for anything older.

I have specifically asked via the app if upgrading the cameras would help me get FSD back but they said there are no pending updates for my vehicles.
You don't have a hardware issue. It is just a matter of Tesla reseting your suspension.
 
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This confirms you have AP3:

Also, the fact that you ever had FSDb means you have AP3, it was never available for anything older.


You don't have a hardware issue. It is just a matter of Tesla reseting your suspension.
Noted x2

I've asked the over the app about resetting it, they said they couldn't and I just had to wait. They did send me 10.69.3.3 a second time after I requested MCU2 to be free a few weeks ago, but still no FSD. I was sort of hopeful the update I got lastnight was gonna reenable FSD, but still no luck.
 
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I've asked the over the app about resetting it, they said they couldn't and I just had to wait. They did send me 10.69.3.3 a second time after I requested MCU2 to be free a few weeks ago, but still no FSD. I was sort of hopeful the update I got lastnight was gonna reenable FSD, but still no luck.
That sucks, but isn't really surprising. How long ago was that? A year is too long to wait.

Emailing the details to [email protected] is likely the best bet, but I wouldn't count on it getting results. I'm not sure how else to get to the right person. But it probably isn't easy to reset, they need to update the MCU1 branch to something that includes the automatic suspension reset process.
 
I'd still like to know what the actual release notes for 2022.8.10.20 say if you get a chance. Does it include both recall fixes, or only one of them?
Other than it seems the clusters image of the car seems clearer and shows vehicles from a distance more, its just the larger fonts.
 

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"Autpilot Computer: Full self-driving computer" but there's nothing saying about what AP version I have. There was some trick someone shared on a different thread for those trying to confirm if their vehicle had SC01 using a Tesla website, but I don't recall if that mentioned AP equipment. I have specifically asked via the app if upgrading the cameras would help me get FSD back but they said there are no pending updates for my vehicles. I'll give it a try if you've got a way I can confirm if I've got AP2.5 or AP3, but AFAIK I only have AP2.5.

EDIT: Post I was referring to about how to check vehicle options, doesn't appear to mention AP version, though.

From Tesla Supercharging FAQ (make sure you read review this link).
- Log in your Tesla account via a web browser (not mobile app), then select manage cars
- Right click on the car image and select "copy image address" or "open image in new tab"
The option string should be in the resulting link and look something like:
https://static-assets.tesla.com/v1/compositor/?model=m3&view=STUD_3QTR
&size=1440&options=$APPB,$APBS, $DV4W,$IN3PB,$PPSW, $PRM31,$SC04,$TW01,$MDL3,$W38B, $MT310,$CPF0,$DRRH, $FM3U,$RSF1 &bkba_opt=1&crop=1450,600,250,300
* From here you can see the Supercharging code, in the example above it is SC04.
Regardless of year, trust the code. Regardless the number of owners, so long as it was not sold back to Tesla, trust the code.
I think I may have written that post. :) I wrote one similar anyway.
The original AP option in my car was "APH3" which referred to HW2.5, not 3. But at the time of manufacture, they didn't call it 2.5; it was the Nvidia based AP computer, which was a step up from whatever AP2.0 had. So the option code said "APH3" - the option code for what we all call HW3 (the computer required for FSD now) is actually "APH4" LOL. This is not the same as HW4, which includes new/different cameras as well, and maybe a different sensor suite (e.g. no radar or USS).
 
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."

I figure it's time for another update on my story here... (I know you're all dying to know, LOL)

So the TLDR up front:
I won't be pursuing a small claims court suit with Tesla for APHW and/or Infotainment issues. Why? Because they comped me the full upgrade, with FM tuner even.

Long version:
As described in my post here, after some back and forth over several weeks via the app, and sending images of Tesla's web site in 2017 showing the promise of FSD capability for all cars built then, I was scheduled for a *free* APHW computer upgrade from HW2.5 to HW3.0. It was made clear that this APHW upgrade was not going to include the infotainment+fm tuner upgrade I'd initially asked for, and the manager reiterated that I would NOT get all the visualizations with my FSD.

As reported in my other post here, I dropped off the car, and they gave me a loaner giving the logic that this was something my car was supposed to have (i.e. Tesla's responsibility - the bar for loaner eligibility outside of warranty these days). Upon drop off, the adviser (who had just met with the manager) reiterated again that I would not get the visualizations with FSD. I said yep, that's fine as long as I can subscribe to FSD. They had the car for about 5 days. All the while, the "estimate" for work still showed the infotainment + tuner upgrade AND the APHW upgrade, AND the $3000 estimated cost. I had the manager on record though (literally recorded the call) explaining that he would give me the APHW upgrade no charge, so I could subscribe to FSD.

As y'all know, we can now track repair progress in the mobile app. As the days went by, items were marked complete in the app.... items that were on the original work order. First thing addressed and marked complete? The FM tuner upgrade. Hmmmm.... maybe they are just showing progress in general and my app is showing these items that they aren't supposed to be doing? Next day, infotainment upgrade - complete. I'm thinking: Are my hopes rising? Maybe. If this is a mistake I don't want to have to argue with them about undoing the upgrade, which may not be possible. No way I'm paying for this though, so if they messed up either they let me keep it, or I demand they put back the old MCU. Next day: Autopilot computer update complete. Final day: component testing, firmware installation, and final system testing. Notification sent: repairs complete ready for pickup. Huh. Anxiously driving to the SC, wondering what I'm going to find.

I arrived close to closing time. App instructs me to simply leave the loaner and drive my car off the lot and geo fencing would initiate the final billing. I'm not paying anything so not going to do that. I got in my car just to check what was done, and sho-nuf It has a full infotainment upgrade, and AP3.0 computer. sunnuvagun....

I go inside and one of the last employees is a service adviser behind the desk; not anyone I had worked with up to now. I explain that I'm here to pick up my car, but that I checked it and the work they did wasn't what we had agreed to, and could he please double check the work order?

He pulled it up, and said, "yes, you were supposed to get the infotainment upgrade?" I summarized the story to him. He didn't really seem to follow me, and said something along the lines of "yeah we occasionally get one of the older cars in that have FSD but need the hardware upgrades. You're good to go all paid up!" thinking he meant my CC had been charged, I was like, "uh, no I had not agreed to pay anything" he said, "no there's no charge, it's marked as paid in full zero due. ME: "OK! see ya!" and high tailed it to my car. LOL. I stopped short though, and did a 180 back to that guy (who was then heading out) and asked if I could just get a hard copy print out of the invoice showing what was done, and that it was paid in full $0 due. He was happy to oblige. I got my printout of the work done, with a big red "PAID" box at the top and $0 due at the bottom, and headed home.

I never got a chance to follow up with their manager, who had called me directly the week before and offered the HW upgrade free. I was curious what happened and why this was all comped, but also didn't want to look a gift horse in the mouth.

My guess is that they messed up and never corrected the original work order. The techs just did what was on the work order, and when the advisers/manager realized it, they decided to just comp it rather than un-do the work (likely because un-doing it is impossible or very difficult). Just my guess. Another possibility is that Tesla is getting the message and are quietly comping the full upgrade when someone comes asking like I did.

I was purposeful from the start to play a little bit dumb, and be very respectful and polite the whole way. I tried to never imply that they don't know what they don't know (even though it was obvious they didn't know a lot of the background on the MCU and APHW upgrade promises and issues). I never threatened them with going to their resolutions department (though I came close to doing that right before I got the phone call from the manager), nor did I ever mention the possibility of going to small claims court. I simply asked if it might be possible to get the cost of the upgrades waived, since my car was sold with the promise that it had all the hardware necessary for FSD.

Epilogue: several things were not working following the upgrade. The FM Tuner was not showing up in the sources list. Careoke was strangely absent, too. My key fobs would not work except if I placed them in the emergency spot on the windshield above the dash (and yes I replaced the batteries - twice.) Also the charging door would not open when the button on the charging handle (both at home and at a supercharger) was pressed. I had to either use the app to open the charging door, or manually press the door to open it. I ended up making a new service request for all these things. I took it to a different service center though for this. They gave me a loaner and had it all fixed the next day.

Obviously overall I'm thrilled with this outcome. I now have MCU2, APHW3, and the latest firmware - a $3032 upgrade for no cost. (EDIT - granted I STRONGLY believe that this outcome is what Tesla could and should have done long ago for MCU1 cars with AP2+ cameras). It's almost like a new car. I've signed up for FSD subscription, but am going to cancel because FSD isn't available yet for the latest firmware version.

Not sure if this will be helpful for anyone, since it likely was a mistake, and not a new policy. But you never know. At worst hopefully this was interesting for you to read. :) Cheers.
 
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You say this like it's an undisputed fact, but it's not, it's a Tesla policy, and policies can be wrong (and 100% are in this case)

I bought a car before HW3 even existed. Tesla advertised the car as "having all hardware needed for FSD." The HW3 upgrade policy came into effect AFTER the car was purchased.

The judge found that them requiring $1000 for a HARDWARE UPGRADE to subscribe to FSD constituted false advertising.

If Tesla felt this was easily defendable, they should have shown up. They would have needed to explain how FSD was different than FSD. It was their choice to offer subscriptions to FSD. It was their choice not to show up to court. And their leader says they show up every time they are right, and zero times when they are wrong... Tesla's decision to not show is 100% their fault, and could easily be seen as not having a sufficient legal basis to defend.

Even without the "buying" FSD question, the fact the car couldn't do stop light chimes because it doesn't have the "FSD Computer" would constitute damages.

My MCU2 claim was based on the fact that MCU1 could no longer do what it was advertised to do- voice recognition and mapping. Tesla acknowledged this was a SW bug with no known resolution date, and wanted $2,000 to solve it with MCU2, despite the car being under warranty.

However, not a single person with MCU1 has received FSD, so I'd like to see Tesla say in a court of law under oath that MCU1 is compatible with FSD. They also charge more to upgrade MCU2 if you have HW2/2.5, so if all you want is MCU2, you still have to pay more because the car doesn't have HW3. Which are damages for false advertising as well...
How do you know who the “representative” in your state is to serve? I know you can’t serve an attorney for small claims, so how do you find the “person” to serve? Thanks for info!
 
I think your first impression is more likely: Tesla mistake.
Very probable.
However I will highlight, that my contact, the manager of most of the service advisers at this service center, did agree up front and on a recorded call, to replace my autopilot computer (Nvidia based HW2.5) with the new HW3 computer, free of charge. So that part was not a mistake.
As I said a while back in this thread, it never hurts to ask, and at least for the AP computer part, I bet many people might be able to find a reasonable manager who would agree to this. Many of them are not nearly as up to speed on the history of features promised and hardware changes as we all expect them to be.
 
Many of them are not nearly as up to speed on the history of features promised and hardware changes as we all expect them to be.
When I wrote that, what I meant was when a service adviser or service manager initially says "no" to the request to waive the cost of a HW upgrade, they may not even be aware of the fact that Tesla promised our cars to have "all the hardware required for FSD" when we bought them in 2016, 2017 and 2018; they may just assume that all this hardware is new and is a paid upgrade for people with eligible older cars, and that it's a legit charge. When they learn this history, they probably will agree with the logic that we are owed this upgrade (the SA and SM I worked with were both genuinely surprised when I showed and explained the advertising from tesla.com in 2017). And if they are so inclined, they may use their own authority to make that call on waiving the cost.

Again, it never hurts to ask, and usually helps to be respectful and understand that these individuals likely aren't up to speed on this history.
 
When I wrote that, what I meant was when a service adviser or service manager initially says "no" to the request to waive the cost of a HW upgrade, they may not even be aware of the fact that Tesla promised our cars to have "all the hardware required for FSD" when we bought them in 2016, 2017 and 2018; they may just assume that all this hardware is new and is a paid upgrade for people with eligible older cars, and that it's a legit charge. When they learn this history, they probably will agree with the logic that we are owed this upgrade (the SA and SM I worked with were both genuinely surprised when I showed and explained the advertising from tesla.com in 2017). And if they are so inclined, they may use their own authority to make that call on waiving the cost.

Again, it never hurts to ask, and usually helps to be respectful and understand that these individuals likely aren't up to speed on this history.
thanks so much for posting your experience! I'm in the same situation you are and wondering if you are willing to share the "advertising from tesla.com in 2017" to use as support?