Wiki Sudden Loss Of Range With 2019.16.x Software

[gmo43]

I'm a bit confused:



So, 238 miles both at 96% and 100%?

Looks like it.

 

[MP3Mike]

Big news guys: CAND-ECF-Confirm Request

the parties had a mediation on July 24, 2020 with the Hon. Daniel Weinstein and Cathy Yanni of JAMS, Inc.;

WHEREAS, the parties are continuing their discussions in good faith and require additional time to complete them;

WHEREAS, the parties desire to preserve the status quo and prevent the parties and the Court from unnecessarily expending resources pending mediation;

THEREFORE, subject to the approval of the Court, the parties agree and stipulate as follows: The parties will report to the Court with an update on October 30, 2020. This matter shall be stayed until that date, and all other case deadlines shall be vacated.

So they finally met, but are now asking for an additional two and a half months to continue discussions. So expect the next update after Halloween.

 

[Chaserr]

Stipulation and Proposed Order – #32 in Rasmussen v. Tesla, Inc. (N.D. Cal., 5:19-cv-04596) – CourtListener.com

Court news today - delays again until October 30. Battery day is September 22, if they have been stringing this along to have more reliable and less expensive hardware ready maybe this is the last time we hear crickets! If I was Tesla I would want to go to that meeting with something up my sleeve like "We already announced so and so to our victims a few weeks ago which should settle this matter don't you think?"

 

[mymagiccarpet]

Big news guys: CAND-ECF-Confirm Request



So they finally met, but are now asking for an additional two and a half months to continue discussions. So expect the next update after Halloween.

Thanks for the update. Sounds like they are talking at least...

 

[raphy3]

We need more lawsuits. Someone needs to file a suit Just about pump-draingate alone. That one is frankly terrifying to me. And not to mention not even remotely green. One leisurely mediation is clearly well within their comfort zone, and they're just trying to run out the clock.

 

[Chaserr]

Class Actions always have an opt out period. If they don't make an offer that repairs what they broke it is an option.

I still want to believe they just needed a year to make a battery that could fit the needs of safety and warranty. They never gave us much evidence but the 350v 85 is all new with enough capacity to have 265 miles even post-gatecap. Can't be coincidence.

 

[JustADude]

Class Actions always have an opt out period. If they don't make an offer that repairs what they broke it is an option.

I still want to believe they just needed a year to make a battery that could fit the needs of safety and warranty. They never gave us much evidence but the 350v 85 is all new with enough capacity to have 265 miles even post-gatecap. Can't be coincidence.

Tesla ain't going to give anyone *sugar* all. My next ev will probably be a Hyundai or VW.

They have too much demand and not enough competition for them to worry about bad publicity or losing costumers.

 

[Chaserr]

VW had their own batterygate already, they just did it with diesel instead of electrons and the courts eventually worked that one out in favor of owners. Batterygate should make Tesla stop using software downgrades just like Dieselgate forced VW to stop doing the same thing, and if you're looking at VW right now it means you are willing to give companies a lot of benefit along with with a lot of doubt as long as they stop their unscrupulous practices. That's how I feel about Tesla right now. The fact is no other company is even close to Tesla and the only thing holding me back is the current conundrum.

 

[Smiles83]

As a Tesla fan, shareholder and owner thought I'd never say this but might have to get rid of the S and 3. The lack of communication, caring and doing what is right is just infuriating. Changing a car overnight that i loved and enjoyed to a car that is a liability and now a "city car" is unexcusable.

 

[AmpedRealtor]

As a Tesla fan, shareholder and owner thought I'd never say this but might have to get rid of the S and 3. The lack of communication, caring and doing what is right is just infuriating. Changing a car overnight that i loved and enjoyed to a car that is a liability and now a "city car" is unexcusable.

Sad, but true. What's even sadder is that there are still no viable alternatives to Tesla.

 

[InternetDude]

As a Tesla fan, shareholder and owner thought I'd never say this but might have to get rid of the S and 3. The lack of communication, caring and doing what is right is just infuriating. Changing a car overnight that i loved and enjoyed to a car that is a liability and now a "city car" is unexcusable.

I got rid of my first S for a Lexus LS500. I’m already planning on getting rid of my other S, most likely for a RAV4 Prime. This is due to Tesla the company. Join the club.

 

[mymagiccarpet]

We need more lawsuits. Someone needs to file a suit Just about pump-draingate alone. That one is frankly terrifying to me. And not to mention not even remotely green. One leisurely mediation is clearly well within their comfort zone, and they're just trying to run out the clock.

Along the same lines, seems that we just need to be more vocal, the longer it goes the quieter it becomes, so why would they do anything about it.
For pump, wouldn't NHTSA complaint make sense? Seems like they would have a reason to take a look on why our cars are so aggressive at keeping SOC certain value. All of this started with fires, and Tesla admitted as much. What they found later and how that relates to fires, we don't know. I'm not claiming current state is due to fires, but i also have no reason to believe it isn't, due to lack of communication.
Let's say it is not a safety issue, besides courts, wouldn't EPA have an interest in this? Consumer protection agency as well.
Has anyone filed anything with these agencies? Is there a way to join complaints together?

 

[Chaserr]

wouldn't EPA have an interest in this?

Tesla still is saying this is a safety issue, and that is why the NHTSA had to investigate. If nothing else, Tesla "forgot" the 5 day (from discovery of a potential problem not from taking action) NHTSA notification deadline and following 60 day owner notification deadline. Time lines already posted here show they still believed there were safety issues after we were supposed to have been notified already. Nothing official contradicts those official claims.

EPA will definitely have an interest in this but hold off on complaining to them. VW's impact from EPA ratings tampering using their version of software cheating was almost unbelievable and if Tesla gets the same treatment we could all lose. EPA complaints carry a bigger chance of Pyrrhic outcomes than NHTSA complaints so lets hold off on that kind of action for a few more months. It sounds like the class action talks are actually starting to happen, so either Tesla settles soon or they start putting a lot of things into public Discovery they probably don't want, starting with "We thought we had a safety issue we could hide, so we tried that..."

 

[cpa]

Appreciate your thoughts and I like the way you are thinking about this. I also don't think it's largely been postponed due to covid, maybe the first month, but not beyond that.
On the other side, I believe the longer it goes the less of a chance there will be a significant settlement, unless there is a safety issue.
Reason being, it comes down to reduction of car's value which depreciates over time. We won't be able to go back and say: you turned my MS85 to MS75, and delta is 5k...well your car now is 6 years old, so that's $500. I'm throwing somewhat random numbers, but point is clear i believe. When you get to negotiations, all of these play a role.
Additionally, if you wait for two years, some of those cars, unfortunately may not be on the road any more or may switch hands to owners who are not aware, etc...in number of ways, for them it's better to just drag it out.
Anyways, not to say what you are suggesting will not end up how it goes, but am afraid it won't. However, I'd welcome it, even if it had to be a quiet battery swap program (with guarantee this will never happen again, ie. battery will experience only natural degradation), with full new warranty not remainder.

I would submit this for consideration:

One of the purposes of tort litigation is to restore equity to the injured party. The passage of time during the litigation does not reduce potential equity because the line of demarcation should be the date of discovery, date of the lawsuit, or the date of the tortious action, not the date of settlement or verdict.

The statutory (non tort) claims also play into any damages because there are some causations or correlations between the software capping and our uses of our cars.

I don’t know what remedies would be available under tort law combined with statutory violations of the various allegations advanced by plaintiff.

Of course, all this spitballing assumes that this litigation has enough meat on the bone for the plaintiffs to realize a reasonable outcome and Tesla has enough common sense (something Musk lacks all too often) to agree.

Guess we’re going to have to stay tuned. Don’t touch that dial!

 

[SmartElectric]

I had the exact same rates of charging and I followed Bjorn's rules and was driving for 45mins. 33-75% took 50mins rates. Max 57kw for short time down to 36kw.

Check to make sure your car cooling fan is going absolutely full blast while supercharging.
Mine always does when I charge at <30% SOC and have heated battery prior to supercharging.
That's when I get the peak 90 kW charge rate and rate curve of 110-SOC%.

Changing a car overnight that i loved and enjoyed to a car that is a liability and now a "city car" is unexcusable.

Non-Tesla EV's have a choice of 8 CCS charging locations that get >50 kW charging in Alberta.
And precious few of the current EV's available for sale in Alberta charge at >50 kW.

So, since your nurfed Tesla charges faster than almost the majority of any other EV, that makes your choice clear, drive a gas car in Alberta, a pretty good choice to keep the oil money local then.

 

[boywonder]

One question to ask yourselves is why did Tesla create a new 14 module 350V pack for the S and X based on the 100D pack.

Is this next generation battery for new standard range cars or a replacement battery for existing owners; either through warranty or a paid upgrade?

With owners reporting range around 280 miles from this pack, I would love to get hold of one... but not if it costs 22k!

 

[BigNick]

One question to ask yourselves is why did Tesla create a new 14 module 350V pack for the S and X based on the 100D pack.

Is this next generation battery for new standard range cars or a replacement battery for existing owners; either through warranty or a paid upgrade?

With owners reporting range around 280 miles from this pack, I would love to get hold of one... but not if it costs 22k!

That would provide ~350 miles of range in an SR Raven S. I would think a new SR would be right around 300.

 

[maximizese]

One question to ask yourselves is why did Tesla create a new 14 module 350V pack for the S and X based on the 100D pack.

Is this next generation battery for new standard range cars or a replacement battery for existing owners; either through warranty or a paid upgrade?

With owners reporting range around 280 miles from this pack, I would love to get hold of one... but not if it costs 22k!

As a 2013 S85 owner with diminished range (242 mi), power, and slower average Supercharging rates, I would love a replacement pack through warranty or paid upgrade. It would be interesting to see the mean average price an owner would be willing to pay for such an upgrade. At this point, I was hoping battery upgrades would be in the $12K-$15K range and that an existing battery pack would be valued at $8K-$10K as core swap. Wishful thinking, but I'm still hanging on to our beloved "Classic" for sake of sustainability; I'd love to it outlast our 300K mile (and going) VW TDI.

 

[Smiles83]

Has anyone gone through the process of writing a formal letter to Teslas warranty division? And or dispute solution?

 

[Chaserr]

Someone did before the class action. They stipulated range loss and Tesla weaseled out of it. Capacity reduction wasn't as easy for them to avoid.