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"Smart" Preconditioning burned 6% with windows down

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Being a California driver enjoying the summer weather, I habitually leave all my windows down and climate control off when I park and charge overnight. Over the past few FW updates, I've noticed that when I start the car back up, AC will be blasting as soon as I power up - annoying, but not a huge deal. Bug report filed each time and took a note for reference at some later service date.

Last weekend, repeat performance of above, didn't plug in. I parked the car at 3pm, came back out to the garage at 620ish to head to dinner and hear my fans whirring like the car's getting ready for takeoff. Hop inside and the AC has yet again turned itself on... took a look at the IC and the Crimson Nudesmobile had burned 6% cooling down the damn car with all windows and sunroof open. SICK.

Brought it up with the SvC on this past visit, and their response:
"Checked vehicle setting, found the Smart preconditioning is "on" position. Only the cabin overheat protection is in "off". I
did saw the the smart preconditioning activated at 5:07 PM on 8/11/19 and turned off at 6:20 PM. Normal vehicle function, vehicle doing what supposed to do."

lolwut. I don't think I've ever consistently left anywhere at 530p (time I'm assuming it was targeting for which to cool), so not real sure where it got the idea to precondition (calendar empty).
Advised them that this is a legitimate bug, and that a few software modifications should probably be put in place here, for the event that it was a real preconditioning event.


Option 1. if(seats_empty && windows_open && climate_control_off){
close windows;
start preconditioning;
}

or worst case,
Option 2. if(windows_open){
cancel preconditioning;
}​



Anyone else experienced this?
 
Option 1. if(seats_empty && windows_open && climate_control_off){
close windows;
start preconditioning;
}

or worst case,

I don't think option 1 is legal in the US, as I'm pretty sure that there is a law about how close you have to be to the car to remotely close windows. (So that you can monitor them and make sure a kids arm/hand/head/neck/etc. aren't in the opening and would cause harm.
 
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I did have an inkling of safety in mind with the conditional of seats_empty, but completely get if there are regulations in play that are preventative, though I might argue there's something to be said about their weird presence sensors inside the vehicle.