Tesla owners ‘uniquely at the mercy’ of carmaker, says attorney in lawsuit alleging software updates drained or killed expensive batteries
Elon Musk’s software expertise has helped Tesla outpace other automakers. While competitors may need to bring hundreds of thousands of vehicles into stores to fix recalls, Tesla can often fix similar problems with an over-the-air software update.
But according to group work lawsuit Introduced Friday in California, software updates have either drained or rendered expensive batteries inoperable for some owners. The suit states:
“When car owners buy their cars, they can reasonably expect that unforeseen events — such as weather, accidents, or a flat tire — may affect the performance of their cars and lead to costly repairs. But no reasonable consumer would expect the car manufacturer itself to intervene, through a system Automated, deliberately and dramatically altering vehicle performance through software updates that reduce the vehicles’ operational capability. But that’s exactly what Tesla did here.”
According to the suit, Tesla’s automatic software updates, without warning, drained the battery in its Model S and Model X cars, reducing driving range by at least 20%. The suit states that “car owners will have to pay a substantial third party fee ($500 to $750) to reverse the software update so that car owners can continue to experience the battery performance they enjoyed prior to the update.”
In some cases, she adds, software updates will “render the batteries inoperable, and car owners need to purchase a new battery, at a cost of up to $15,000.”
In July 2021, Tesla agreed to pay $1.5 million to settle claims that one of its software updates temporarily lowered battery charging speed, maximum capacity, and range for more than 1,700 Model S owners, according to CNBC.
Hagens Berman’s attorney Steve Berman, who represents Tesla’s owners and lessors in the current lawsuit, Fox News said“Tesla owners and renters are uniquely at the mercy of their automaker, and Tesla forces software updates without consent when their car is connected to Wi-Fi.”
The lawsuit adds: “Tesla owners connect to Tesla directly via Wi-Fi from their home or company, and Tesla can then push software updates to the vehicles, without the opportunity to approve the updates or ask questions about the updates. detrimental to the performance of their cars.”
Tesla states on its website: “Over-the-air software updates deliver new features and updates to your vehicle—making your vehicle safer and more capable over time.”
luck I reached out to Tesla for feedback about the lawsuit but did not receive an immediate response.
