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Tesla YANKED FSD option without notice - Class Action lawsuit? Any Lawyers here? [Resolved]

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I too purchased a used 2017 Tesla model S but I purchased it directly from Tesla, not a 3rd party. FSD was enabled when I made the purchase but it was disabled within 24 hours. It took 2 months for Tesla to turn it back on and only because I dropped the car off at the Tesla store and demanded they take the car back. It sat there for over a week before I heard back. It has remained on and working for 2 months now. Super frustrating and feels illegal.
A week later? I hope you realized you had the leverage at that point and used it to get another couple of grand off, or at least service credit.
 
Your dealer is the one to blame. Has he sold the car to you with or without FSD?

If with he needs to make up for it, if without what do you want to claim? This needs to be in the invoice in writing of course, not verbally discussed.

I actually think the dealer should get a shout out and a pat on the back. He stood up in public and supported his customer. If there was nothing in writing between the OP and the dealer specifically stating EAP / FSD included, then the dealer could have tried to wriggle out of any hassles by hiding behind that fact.

From what I understand here, the dealer bought in good faith, the buyer was reasonably diligent, and in the end Tesla did the right thing.

The one question that I have not yet seen an answer to is if the OP has been given any indication as to what happens if / when he sells this car. Is it now a regular FSD included vehicle that can be resold as such?

I'm still left with an uncomfortable uncertainty with regards to Tesla being (apparently) able to just remove an expensive (previously paid for) feature off a car, only to try and sell the same feature to a new owner.

Also, the value if FSD is almost impossible to determine. I have watched one UK CPO 2018 MS with FSD drop in price by several thousand, so how can you decide what proportion of the car's value relates to FSD, especially as an older MS with hw2.5, MCU1 and EAP could have the same features as the newer FSD car.

Furthermore, the same older MCU1 EAP car could have had a few thousand more spent on it to add upgrade from EAP to FSD only for the vehicle's lease to have run out and the car be returned with FSD having never added any value at all. From an owner's perspective, that MCU1 car MIGHT have been entitled to an MCU2 and HW3 upgrade in order to get the FSD that was paid for. By dragging out delivery, more and more cars must be going back to Tesla and having paid features removed just because it would be uneconomic to try and deliver them on older cars.

So FAD really could be legitimately valued anywhere from zero up to whatever the current upgrade cost is, and all without clear evidence that there is a deliverable product in the forseable future.
 
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I think, we all would love to hear an official Tesla statement on the FSD option, whether it is transferable or not, and how a new perspective owner should find that out since Tesla will not discuss any details if inquiries come from not the current owner.

I could be wrong but I was almost certain that the MCU2 cannot be upgraded/retrofitted instead of MCU1. (Details are here )
As I said before, In my eyes, to get Tesla cars a full autonomy selling the FSD option was a crowdfunding effort to get an additional $3K from excited buyers. Nobody knows when a full autonomy level 5 would be legal, and maybe (just maybe!) never in my car lifespan!
 
almost certain that the MCU2 cannot be upgraded/retrofitted instead of MCU1.

I think this the common understanding at the moment, but if I was an MCU1 hw1 / 2 owner who had paid for FSD.......

I wouldn't want to hear anything other than 'here is the upgrade that you paid for and were promised'.... regardless of what it takes to make that happen.
 
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I think this the common understanding at the moment, but if I was an MCU1 hw1 / 2 owner who had paid for FSD.......

I wouldn't want to hear anything other than 'here is the upgrade that you paid for and were promised'.... regardless of what it takes to make that happen.
That apples for AP HW2.0 and HW2.5 to HW3.0, not MCU1 to MCU2. Technically, if they could pull off FSD with the older hardware (not saying they can), then there wouldn't be a requirement to upgrade us.
 
Technically, if they could pull off FSD with the older hardware
Yes, agreed.

My point was more about the multiple levels of challenge, that even for hw 2 it doesn't seem like a simple process. Add MCU1 into the equation and it becomes even less evident what the path it. And while all that gets sorted, cars purchased with fsd on lease for example, get returned having never been within shouting distance of getting fsd.
 
I think, we all would love to hear an official Tesla statement on the FSD option, whether it is transferable or not, and how a new perspective owner should find that out since Tesla will not discuss any details if inquiries come from not the current owner.

I could be wrong but I was almost certain that the MCU2 cannot be upgraded/retrofitted instead of MCU1. (Details are here )
As I said before, In my eyes, to get Tesla cars a full autonomy selling the FSD option was a crowdfunding effort to get an additional $3K from excited buyers. Nobody knows when a full autonomy level 5 would be legal, and maybe (just maybe!) never in my car lifespan!
that link is huge but later on it shows mcu1 -MCU2 upgrades are possible and have been done... By Tesla hackers. Tesla themselves haven't figured it out yet.
 
that link is huge but later on it shows mcu1 -MCU2 upgrades are possible and have been done... By Tesla hackers. Tesla themselves haven't figured it out yet.

Tesla has not been required to update MCU1 to MCU2. The FSD option only obligates Tesla to upgrade autopilot hardware AP2.0 and AP2.5 to AP3. Tesla has been actively upgrading early M3s to AP3 that were purchased with FSD (all M3s have MCU2). And they have actively upgrading S/X from AP2.5 to AP3 that were purchased with FSD and have MCU2. They have not begun upgrading S/X purchased with FSD that were built with MCU1, which will be a mixture of AP2.0 and AP2.5 cars, the latter being my case.

I think when all FSD AP upgrades to AP3 are completed, including to cars built with MCU1, then we may see some answers on whether an MCU1-MCU2 option will be offered by Tesla.
 
All, once again - Thank you all for your support and sympathy!
A couple of hours ago I have got a call from Elon! Just joking! It was a customer experience rep, she apologized for my troubles, told me that Tesla has restored all missed options cited a miscommunication and it was not intentionally!
I am out of town and away from my car till tomorrow and once back will confirm if at least EAP was restored. I will report back.
My situation is similar to yours. I ordered a 2016 S 75 on Tesla.com After Tesla sent me pictures of the car, I noticed it had a 60 on the back bumper. I asked the used sales advisor about it, & he reassured me it was a 75 but that it used to be a 60 with a 75 locked. But he said it was unlocked. When I picked it up right when I was about to leave The Tesla dealership the salesman told me that they couldn’t unlock the 75 because of another update they had done. And that I would receive a over the air update to unlock it, but he didn’t say when. I drove off with a 60 kWh & I paid for a 75! I felt like I was tricked but I still was happy to get my car. When I got home no update came. I scheduled a service Appt 5 days later & I emailed the same used car advisor at Tesla that told me my car was a 75 & he immediately had someone in service call me. I got the update the same day to unlock the 60 kWh battery to a 75! It took 5 mins! The only thing that sucked is I was driving home that Usually takes 6 1/2 hours & with the 60 it took 9 hours because I had to stop at every city that had a supercharger!
 
Everything is BACK now!
Now, I feel like I want to be useful and help my fellow Tesla owners in the same situation and since I have Tesla experience team member's cell phone number on my speed dial, I am willing to serve as go-between and forward a legit complaint. Maybe set a new threat or poll? How and what should I do? I open for suggestions.
P.S. I have asked the moderator to change this threat title to Resolved, as well I've sent email to Jalopnik.

It's worth noting that Tesla has now seemingly rectified the situation for you Alec.
But there are still questions that remain.
All in though, it seems to me like quite a unique situation caused by the status of the previous owner and the terrible timing of Tesla's remote audit.

Tesla finally returns Autopilot to second-hand Model S owner
 
Everything is BACK now!
Now, I feel like I want to be useful and help my fellow Tesla owners in the same situation and since I have Tesla experience team member's cell phone number on my speed dial, I am willing to serve as go-between and forward a legit complaint. Maybe set a new threat or poll? How and what should I do? I open for suggestions.
P.S. I have asked the moderator to change this threat title to Resolved, as well I've sent email to Jalopnik.

You got your problem resolved, that’s good.

I’m afraid that if you make yourself a go between for people with problems and Tesla, you might wind up on that “problem person” list that keeps people from ever being able to buy another Tesla. I don’t know exactly what is needed to get on that list but you’ve already been through the social media and got a lot of publicity that doesn’t cast Tesla in a favorable light. If you want to take on the fights of others or give them advice, I think I’d do it privately and not associate your name with other high profile battles with Tesla.

I’ve got no idea if this is a legitimate concern, but I’d keep it low profile just in case.
 
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Tesla has not been required to update MCU1 to MCU2. The FSD option only obligates Tesla to upgrade autopilot hardware AP2.0 and AP2.5 to AP3. Tesla has been actively upgrading early M3s to AP3 that were purchased with FSD (all M3s have MCU2). And they have actively upgrading S/X from AP2.5 to AP3 that were purchased with FSD and have MCU2. They have not begun upgrading S/X purchased with FSD that were built with MCU1, which will be a mixture of AP2.0 and AP2.5 cars, the latter being my case.

I think when all FSD AP upgrades to AP3 are completed, including to cars built with MCU1, then we may see some answers on whether an MCU1-MCU2 option will be offered by Tesla.



FWIW Greentheonly has confirmed HW3 works just fine with MCU1 and AP2.5 sensors without anything special needing to be done. Plug and play.


HW3 does not work currently with AP2.0 sensors- and is explicitly locked out from working in software... but there's obvious work being done in the firmware (again per Green) to fix this and he expects it WILL work (though possibly not as well as HW2.5 cars) eventually.
 
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You got your problem resolved, that’s good.

I’m afraid that if you make yourself a go between for people with problems and Tesla, you might wind up on that “problem person” list that keeps people from ever being able to buy another Tesla. I don’t know exactly what is needed to get on that list but you’ve already been through the social media and got a lot of publicity that doesn’t cast Tesla in a favorable light. If you want to take on the fights of others or give them advice, I think I’d do it privately and not associate your name with other high profile battles with Tesla.

I’ve got no idea if this is a legitimate concern, but I’d keep it low profile just in case.
I see that Elon's Soup Nazi approach is working.