I think it'll be much easier to do anything on a legal front if more weeks pass on this. Lets say a class action were filed late in February (while still no update) and then soon after the update hits and fixes the issues. I'm betting Tesla could certainly still be held liable for the time in between delivery and XX/XX/XXXX when the update finally came out in some way or another.
A not often mentioned (but valid) point is that the increased usage is more slightly more taxing on the battery, inverters, chargers, motors, etc. Honestly, I think a reasonable remedy would be to reset the warranty clock/odometer on related parts and service by at least the window in question (delivery->update) at no cost to the affected owner.