A group of Model S and X owners has filed a proposed class-action lawsuit against Tesla in California on Friday. They allege that over-the-air software updates have decreased their vehicles’ range and even caused batteries to fail completely.
The owners claim that Tesla‘s automatic updates can reduce the range of their vehicles by as much as 20 percent, and can cost as much as $750 to reverse. Others say that some owners are forced to replace their batteries completely, which can cost as much as $15,000, reports Reuters.
“Tesla owners and lessors are uniquely at the mercy of the maker of their cars, and Tesla imposes software updates without consent whenever their vehicle is connected to Wi-Fi,” said Steve Berman, an attorney with Hagens Berman, which is representing the owners.
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The lawsuit argues that Tesla vehicles are “protected computers,” as far as they relate to the Computer Fraud and Abuse Act. By that definition, the updates infringe on consumers’ rights. In addition, it argues that the updates violate the Consumer Legal Remedies Act and the California Unfair Competition Law.
The attorneys representing owners say that when other automakers update their vehicles, they generally notify consumers. On the other hand, Tesla’s updates just happen in the background and lawyers alleged that the automaker denies reimbursement to owners who experience reduced battery capacity as a result of one.
“When car owners purchase their vehicles, they reasonably expect that unforeseen events — like weather, accidents, or flat tires — may impact the performance of their vehicles and lead to costly repairs,” the plaintiffs claim in the lawsuit. “But no reasonable consumer would expect that the car manufacturer itself, through an automated system, would deliberately and significantly interfere with the car’s performance through software updates that reduce the operating capacity of the vehicles.”
This lawsuit follows another relating to software that Tesla settled in 2021. In that case, the automaker agreed to pay $1.9 million to owners over an update that temporarily reduced the maximum battery voltage in a number of Model S sedans.
