I still think that the most palatable way (to Tesla, and fair to customer) to "transfer" FSD to a new car is to credit the original purchase price, rather than transfer the existing license. Most folks will have paid less that the current price and therefore Tesla would continue to make easy money. What really galls people is the prospect of paying large amounts again for something that was never delivered (and still might not be in the future).
That's not actually fair to customers, and if it becomes clear that Tesla will never fulfill their commitments to HW3 owners, I would instantly opt out of any class action that showed the slightest hint of going down that path, in favor of filing my own separate Lanham Act lawsuit.
Prior to the FSD announcement, I viewed Tesla cars as overpriced toys. I had zero interest in them whatsoever. I would not have even considered a Tesla any more than I'd buy a BMW or a Lexus. Luxury cars are too overpriced and too finicky. To me, they're just cars — nothing special. For context, my previous cars were, reverse chronologically, a Toyota RAV4, a Ford Windstar, a Chevy van, and a Datsun 280Z, which at the time was two decades old, so listing me as the primary driver wouldn't raise our insurance costs too much.
In 2015, I momentarily considered a RAV4 EV until I realized the range wasn't adequate for my regular commute. I looked at other EVs, but realized that the only cars with usable range were made by Tesla, and concluded that they were
way too expensive for me to seriously consider them. Disheartened, I assumed it would be
many, many years before I bought an EV.
But I've also been following Waymo's progress in self-driving vehicles for as long as they have been around, and have always been annoyed by the fact that they intend to sell their technology only in fleet form, to large companies, rather than individually to normal people. So when Tesla announced in late 2016 that they were bringing self-driving capabilities to cars that individuals could actually buy, I suddenly became a lot more interested in Tesla, despite the high price tag.
In late 2017, one of my former coworkers posted a referral code for unlimited supercharging. At that point, despite my lack of home charging potential, owning a Tesla suddenly became feasible, so I almost immediately pulled the trigger. For years afterwards, I felt embarrassed about how much the car cost me, but I told myself it was all worth it, because eventually the car would be able to drive itself.
I didn't buy FSD for a few thousand dollars. I bought a
car with FSD prepaid, with the explicit promise that it would eventually have that capability. Future self-driving capabilities were, from my perspective, an advertised feature of the car as sold.
Moreover, it was clearly stated by Tesla (or maybe by Elon) that the car had all the hardware you would eventually need for full self driving, or if it didn't, they would upgrade it. And paying for FSD didn't add any extra hardware. So the promise of future FSD capabilities was quite clearly part of the base price of the car, which means FSD potentially factored into every consumer's perception of the value of
the car, not just the value of the FSD package, which is noise by comparison.
Those FSD capabilities were important enough for me to spend about $80k more for a Tesla with FSD than I would have spent on a new car from some other manufacturer that would have met all of my other needs except for the self-driving functionality, assuming I even bought a new car at all.
So no, a few thousand dollars back for the FSD portion of my car wouldn't be enough to keep me from lawyering up, opting out of the class action, and suing directly if Tesla ends up reneging on what they promised. It's not about the money. It's a matter of principle. I expect Tesla to keep their promises. I expect them to give me what I paid for, which is a car that can drive itself.