From the class action complaint, case no. 5:19-cv-4596, Dkt. 1, ¶¶ 55-62:
D. Tesla Throttles Battery Charging Speeds and Manipulates Range Calculations
55. Upon information and belief, and by and through the further investigation of Plaintiff and counsel for Plaintiff, Tesla uses various formulas to determine what the rated mileage range for its vehicles should be. Upon information and belief, Tesla has used a calculation of 295 watt-hours/mile for all Model S 85 RWD vehicles, multiplied by the total amount of usable battery capacity to determine what the total number of rated miles are.
56. The relationship between rated range and battery capacity in kWh is well known in the community to be a fixed constant multiplier of 295wh/mi (for Model S 85 kWh RWD cars) and is not related in any way to how the car is driven or the environment. Upon information and belief, this fixed constant multiplier is what Tesla used or uses to determine the estimated mileage ratings for its vehicles. This fixed constant variable is relied upon when calculating the EPA range estimates that Tesla prominently advertises, represents, and displays to consumers, and can be seen as displayed on the “Moroney Label” that is displayed on new vehicles for sale.
57. Upon information and belief, Tesla has lowered the number for the fixed constant variable, which has the practical effect of giving the illusion that more miles are available. Customers like Plaintiff and the other putative class members relied upon the number of miles that Tesla represented to them. However, what they didn’t know after purchasing the Class Vehicles is that Tesla has the ability to manipulate the number that was used to calculate mileage in order to avoid having to provide warranty battery replacements.
58. Upon further information and belief, Tesla fraudulently and unlawfully manipulated and pushed out a software update prior to February 2019 (actual update date is unknown at this time), which contained changes to the battery management system software, by replacing the variable previously used for energy consumption, or, 295 Wh/mi. Upon further information and belief, the energy consumption constant was reduced to 276 Wh/mi, for subject vehicles which in effect, would artificially increase the number of rated miles displayed for Plaintiff’s car.
59. Upon information and belief, and by and through the further investigation by Plaintiff and counsel for Plaintiff, Tesla has used this 295Wh/mi constant to determine the numbers it provides to the Environmental Protection Agency (EPA) and has also used this variable to calculate the fleet-wide average of maximum rated mileage. This fixed constant variable was also used to determine the EPA’s estimated mileage rating of 265 miles of rated range. The Tesla Model S 85 is advertised as an “85 battery”, however, it is widely and publicly known that the Model S 85 consists of a battery pack that contains approximately 81 kWh, with only 78.1 kWh available and usable for powering the vehicle.
60. Upon investigation of Plaintiff and Plaintiff’s counsel it has become apparent that Tesla has fraudulently and/or deceptively lowered the fixed constant variable and now uses a lower watt-hour/mi variable rate a lower watt-hour/mi variable rate. The practical effect of doing so means that the total number of miles in terms of maximum range for Plaintiff’s car will display a higher number. If Tesla had used the same fixed variable rate of 295 Wh/mi, then Plaintiff’s car would then be calculated as having approximately 204 rated miles. Instead, Tesla fraudulently and unlawfully lowered this fixed variable number in order to give the illusion that Plaintiff’s car had more miles at maximum range. Doing so gives Tesla the excuse to avoid its duty and legal obligations to replace the battery of Plaintiff’s vehicle, as well as other members of the putative classes.
61. Tesla attempts to further escape from its legal obligations by using confusing terms and relies on terms such as “Rated Miles” or “Rated Range”, when the actual term that Tesla should be using is Battery Capacity calculated by the kilowatt-hour (kWh). Tesla does not display the amount of battery capacity kWh on any user information display available on the vehicle. Owners are only given access to the displayed percentage and rated range as displayed on the vehicle display.
62. Using this data obtained from multiple Tesla Model S 85 vehicles it is clear that the battery in Plaintiff’s vehicle and Class Vehicles display their rated Range based on the BMS reporting the Nominal Remaining kWh minus the Battery Brick Buffer (4 kWh) divided by the discovered constant of 276 Wh/mile. This calculation has proved consistent with multiple vehicles.
