If Tesla was truthful about it only being "a small number of older cars" they would have fixed it at the beginning of this year and not escalated it to a Class Action or hired outside representation (MoFo) who also happen to be a well known corporate bankruptcy firm. When that news broke I immediately suspected it was going to eventually be every car, and in the months since it's slowly started to look like that was true.
None of us want to see Tesla go down over this - we lose our warranties if they do. They should have - and should be now - tried talking to us before they let it get to the point where we're suing them and the NHTSA is investigating. They're going to lose in the media no matter how it goes, and shareholders will pay the price of Tesla's obstinance.
They can still turn it around. I've said over and over and I still mean it: If Tesla offers us an olive branch we'll take it. I don't think they can afford to repair every battery they need to cover under warranty and when the NHTSA investigation forces them to recall it's going to hurt. But many of us will happily pay them for the opportunity to upgrade to a larger battery, or accept a capped original battery in exchange for the opportunity to upgrade (at cost) our Pre-AP cars to AP, or model 3 owners might choose to accept free FSD or Performance in exchange for an imposed cap. There are many ways Tesla can help offset the problem they've created - many owners need the range they paid for and won't be arm twisted into paying extra just to keep what they already own, but some of us are willing to pay extra for upgrades to help offset their warranty costs. There are a lot of potential upgrades they just won't do that they can offer, and we'll love them for making the offer. BAttery upgrades take 90 seconds and make them thousands of dollars - I will do it and I can't be alone.
We want them to stay afloat and remain a company people aren't afraid to buy from. They should want the same thing, but for some reason they're fighting us and trying to make people afraid of owning their cars. The crazy thing is they still have some time. The NHTSA investigation is just ramping up - right now they're contacting us individually which means it's not a full fledged probe into Tesla yet, they're in the third party data collection phase still. Tesla can still grab this bull by the horns before the bears and the media take notice and start making everyone afraid of OTA downgrades. That's a real possibility thaat will kill new car sales, but it's preventable with some communication.
And that's the problem. Tesla has no communications skills. So they're making things worse.