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Tesla Advanced Driver Assistance Systems Litigation, U.S. District Court, Northern District of California, No. 22-05240
- Thread starter Krash
- Start date
Ben W
Chess Grandmaster (Supervised)
Long overdue, Tesla needs to pay for its lies
I’m curious about the class action status.
Are owners in by default and have to opt out? Out by default and have to opt in? How long do they have to decide?
And would claimants have to forgo their current FSD?
Would awards be based on the actual amount paid?
Would awards for resold cars be split with previous owners?
Would it cover FSD eligible cars without FSD purchase since the cars were sold as eligible?
Would it cover FSD subscription payments besides up front purchases?
Any chance Tesla could settle this for some pittance per car, pay the attorneys a big sum and be released from delivering FSD for all the older cars?
So many questions.
Are owners in by default and have to opt out? Out by default and have to opt in? How long do they have to decide?
And would claimants have to forgo their current FSD?
Would awards be based on the actual amount paid?
Would awards for resold cars be split with previous owners?
Would it cover FSD eligible cars without FSD purchase since the cars were sold as eligible?
Would it cover FSD subscription payments besides up front purchases?
Any chance Tesla could settle this for some pittance per car, pay the attorneys a big sum and be released from delivering FSD for all the older cars?
So many questions.
Last edited:
Tam
Well-Known Member
I think you don't need to do anything. When it's settled or there's a judgement, you'll be notified by mail to accept by doing nothing or to not accept that by opting out. Tesla has ownership records that's also obtained by the lawyers for the payment. Usually, the amount is symbolic so I won't count on it.
Except to the lawyers.
They'll win the case and be awarded $2.5 billion or something. A third of that is supposed to go to the lawyers. The media will report on it, and all the Elon-haters will have a field day. Tesla will appeal the case and get the penalty knocked down to $51 million, with a third of that going to the lawyers, and perhaps more going to administration of distribution. The media will report on it, and nobody will notice.
We'll see $67.32 each.
Justice has some serious overhead to it.
EVNow
Well-Known Member
Yes - but you could always opt out.
But the way these go - it might take a very long time and there may be multiple chances for Tesla to appeal or get the case dismissed. We have to wait for an actual lawyer to chime in.
BTW, the judge has to approve any settlement proposed by the lawyers & Tesla. He/She can reject it as insufficient.
Seems like a lot of judges view a total amount punitive to the company without considering whether the individual amount is worth the trouble.
EVNow
Well-Known Member
May be - but there are instances of judges not accepting settlements.
For eg. in the Nissan Leaf battery degradation case, the judge asked the parties to renegotiate.
Nissan Leaf Battery Capacity Lawsuit: Court Approves Settlement
Nissan and Leaf owners appear to have reached a final settlement in a lawsuit filed almost three years ago.
Funny enough - the class covered the chief justice of the 9th circuit court - who objected to the first settlement !
Kimmi
Member
I haven't seen any comments lately, are there any updates to this situation yet, or will it be several years more likely until there is some type of resolution? Another limitation seems to be the microprocessor, communication and ckt board system speeds that are required to keep up with any developments of FSD since '17 when it was not completely functional to begin with. So LIDAR isn't the only limitation is my guess. If anyone has any technical comments to that end, please post. Tesla wants to charge $2k for an upgraded circuit board that is compatible with the current software features from what I understand (similar to the MMIC board replacement issue, except they want the customer to pay for it).
None, but that's not too surprising. It can take years for class actions to reach verdict, if they're not dismissed after discovery. A few class actions have already failed, one fairly big one was dismissed due to the arbitration clause in late model contracts.
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