I've enagaged lawyers in an attempt to recover FSD cost (Australian owner)

[jaykaye]

I've had my Tesla Model 3 for 4 years and am ready to sell it [to get another Tesla], but I know I won't be getting much for FSD and am really bummed that I had purchased FSD, waited for 4 years, and never got it before selling the car.

So after reading Edward Butler's post where he managed to get a refund for his unfulfilled FSD, I was inspired to take action. While I'm not entirely convinced that Tesla will readily provide a refund, I know I had to try. As much as I love Tesla and the mission, I think it's unethical they can sell a feature that hasn't materialised in a reasonable time.

Initially, I didn't plan to post about it on the internet due to potential backlash. However, seeing Edward did so with positive intentions and he was the one who inspired me to try, I felt compelled to "pay it forward".

I've attached a redacted copy of the letter my lawyers sent to Tesla along with the WayBackMachine screenshot it mentions. I haven't attached the initial email I sent to Tesla requesting the refund and their reply.
I'll keep you all updated of progress.

 

[Jules22]

No hate for trying. I think at least s transfer is reasonable. (I think they are already offering that?)

 

[Chuq]

No hate for trying. I think at least s transfer is reasonable. (I think they are already offering that?)

The transfer should be an ongoing option, rather than "limited time" opportunities. Most people can't just rush out and make a $60k+ purchase when Tesla tells them to.

 

[Jules22]

The transfer should be an ongoing option, rather than "limited time" opportunities. Most people can't just rush out and make a $60k+ purchase when Tesla tells them to.

Yeah no issue with that at all, particularly while we don't have beta here yet.

 

[jaykaye]

No hate for trying. I think at least s transfer is reasonable. (I think they are already offering that?)

I would be open to a transfer if there were some indication of when FSD would be coming out. I would expect to keep the new Tesla for 4 years and would love to have FSD for at least half that time.

The transfer is only available until end of this quarter, but I plan to buy the new Highland 3 Performance that has no release date yet. So even if I were willing, Tesla doesn't offer the transfer for then.

 

[jaykaye]

I forgot to add some keywords into my original post in case others were to search the forums looking for this kind of information. I can't edit the original message so I'm adding the keywords below.
If you found this post from a keyword search, see the main post in this thread for attached doc sent to Tesla from my lawyers, also there is a link to another thread with more info there.

keywords: law, legal, sue, court, local, tribunal, full-self driving, local court, refund.

 

[Goneincognito]

I'm by no means trying to start anything but I have a genuine question...

1: When you purchased your M3 4 years ago, was FSD available as a separate purchase like it is now?
2: When you purchased your M3 4 years ago, was there a timeframe set out for when FSD would be rolled out here or was it as vague as it is now?

 

[PcS000]

I think it would be show of good faith to owners, who continue buying Tesla models that a package like this is transferred to their new car. I don't mean in perpetuity either. Maybe for a certain number of consecutive purchases or you buy another Tesla within a specific timeframe?

I can sort of see why they do this, as it's an option on the car - and you can't usually take the options off a car when you sell or trade it. However, if you bought the option and it was never essentially usable during your ownership, then IMHO you definitely have a right to complain and seek compensation.

 

[jaykaye]

I'm by no means trying to start anything but I have a genuine question...

1: When you purchased your M3 4 years ago, was FSD available as a separate purchase like it is now?
2: When you purchased your M3 4 years ago, was there a timeframe set out for when FSD would be rolled out here or was it as vague as it is now?

1. Yes it was. In fact, it wouldn't be a clever move to buy FSD at time of the car purchase because then it would be subject to the taxes that are associated with the purchase.

2. Around the time I purchased my car (and then FSD) the website stated something like "coming later this year" and then they changed this to "upcoming" in relation to the FSD feature. The letter I attached above from the lawyers to Tesla goes into depth on this point, so have a read of that.

 

[zoomer0056]

I would be open to a transfer if there were some indication of when FSD would be coming out. I would expect to keep the new Tesla for 4 years and would love to have FSD for at least half that time.

The transfer is only available until end of this quarter, but I plan to buy the new Highland 3 Performance that has no release date yet. So even if I were willing, Tesla doesn't offer the transfer for then.

I'm not a lawyer and don't play one on TMC. But it seems a lawsuit is settled with your acceptance of an FSD transfer. Eventhough you say you did not get what you paid for, you're willing to transfer the product you didn't get to a product that doesn't exist. Don't let the Tesla laywers read this thread.

Am I being rediculous?

 

[PcS000]

I'm not a lawyer and don't play one on TMC.

 

[jaykaye]

I'm not a lawyer and don't play one on TMC. But it seems a lawsuit is settled with your acceptance of an FSD transfer. Eventhough you say you did not get what you paid for, you're willing to transfer the product you didn't get to a product that doesn't exist. Don't let the Tesla laywers read this thread.

Am I being rediculous?

"willing to transfer the product you didn't get to a product that doesn't exist" hahahaha! At no point did I say I wasn't a sucker....

Seriously though, I added the condition "if there were an indication of when FSD would be coming out". I don't believe Tesla would ever give a firm date on it. So without that I wouldn't be willing to accept a transfer.

 

[paulp]

The bad news is tesla have a team of in-house lawyers in australia (you can question why they need that) They will respond and drag it out until you realise the amount you are paying your lawyer is not worth it.

 

[Max Spaghetti]

In the event that you are successful in a refund, is there any kind of "warrant canary" you can post here with a promise to repost in x-days' time in the event you accept a settlement with an NDA?

For example:

1. My case has not settled.
2. I have not received a refund.
3. I will repost this verbatim in 1 months' time, omitting any statement that I am bound by law to not make.

If we don't hear back from you, we will assume you have settled and received a refund which includes an NDA.

 

[Jules22]

This may be of interest re the possibility of Beta being released here - Tesla FSD Beta Closer to Launching in Europe Following New UNECE Regulation

I know we've had Tesla employees testing here for some time, so hopefully we may be on the same sort of timeline.

 

[AS9.9.]

If my car is still trying to stop in the middle of the intersection and trying to drive me into concrete barriers after I get V12, I am following in your footsteps!

Really hope you get a refund / some type of compensation. Good luck!

 

[Quickst]

I
@jaykaye
When you purchased FSD what was the description of the FSD that you were buying?

 

[PcS000]

I certainly won’t even be considering purchasing FSD until I hear there’s actually a “beta” type program announced and there are some substantial guarantees you’re given access to the software. For me, $10K is too much money to gamble with on a loose promise of software.

 

[zoomer0056]

HAve you seen this thread?
Thread 'My experience taking Tesla to court about FSD' My experience taking Tesla to court about FSD

 

[paulp]

HAve you seen this thread?
Thread 'My experience taking Tesla to court about FSD' My experience taking Tesla to court about FSD

Laws in australia about delivering what you promise are reasonably strong