I read the complaint yesterday, all one hunnert pages!
I urge all of you who are active participants in this discussion to read the complaint. It lists (recalling from memory) 19 separate causes of action. These causes include inter alia [I love lifting expressions from lawyers!] violations of federal and state computer hijacking laws, contract law, various torts, breach of warranty, fraud, and curiously, a civil RICO violation. The complaint also asserts a California elder-abuse type law addressing (again, if I remember) that any product when used as originally purchased that causes hardship to a senior citizen (65+) or a disabled person is subject to a $5,000 civil penalty per occurrence. Which of these causes of action that ultimately are decided to have merit will be decided in pretrial motions and proceedings before any discovery gets underway.
The complaint lists not only the battery-gate incident (in fact, this phrase is used in the complaint), but also includes the throttling of Supercharger speeds. So, those of us like me who so far only have the Supercharging issues are part of the class.
The damages sought include injunctive relief in addition to cash or the equivalent, like replacement batteries.
My accountant's opinion is that the lawyer did a very good job in laying out the 100-page complaint. It is clear. There is ample "evidence" presented in the complaint supporting the assertions and allegations therein.
It will be interesting to see just how much fight is in Tesla. The sixty-day window to reply gives Tesla some time to weigh the totality of the complaint against what Tesla knows to be true, partially true, or untrue, and to decide upon a defense.
Your move, Tesla.