Tesla owner wins ~$10k settlement over Tesla’s full self-driving claims
A Tesla owner in the UK challenged Tesla over its failure to deliver on its full self-driving claims and won a settlement representing a refund of his purchase cost of FSD, with interest, after filing a claim in small claims court.
Tesla’s Full Self-Driving system has been available since 2016, with Tesla stating at the time that all Teslas now have the hardware to fully drive themselves. The system went on sale that year as a $3,000 option, though prices have shifted up and down over time.
But the software… still doesn’t work. While Tesla finally released FSD beta to everyone in the US last year (after gating it behind a “safety score” for about a year), Teslas are still not actually capable of fully driving themselves.
Tesla’s system is still “level 2” on the SAE’s driving automation scale, which means responsibility lies with the driver. Drivers need to pay attention to the vehicle, and should, since FSD can make some pretty dangerous decisions.
The system has raised eyebrows with regulators, lawsuits, and political campaigns all claiming that Tesla advertises the system falsely by calling it full self-driving when it is not.
FSD Beta does deliver on some specific promises that Tesla made – namely, traffic light recognition and automatic driving on city streets. While the latter is not available unsupervised, it has been rolled out to customers – in North America, anyway. FSD Beta has only started being available in a few other territories outside North America earlier this year.
But the UK is not one of those places, and 2023 is not 2019. Which is the source of the claim we’ll be discussing today.
The claim was filed by Tesla owner Edward Butler, who detailed the process in a thread on Tesla Motors Club forum.
Butler purchased a Tesla Model 3 in 2019, along with the Full Self-Driving option at a price of £5800 (about $7,100 USD at today’s rates). He alleged that Tesla has not delivered on specific promises related to its Full Self-Driving option, and thus breached the Consumer Rights Act of 2015. His claim asked for a refund of the price of the system, with interest, and a rollback to eliminate FSD functionality for his vehicle.
Specifically, he cited Tesla’s website which in 2019 stated that traffic light recognition and automatic driving on city streets were “coming later this year.” Since Butler purchased the vehicle entirely from the website and without a test drive, the website description formed part of the purchase contract.
Since then, Tesla has delivered traffic light recognition in the UK, though that feature rolled out in September 2020, after Tesla’s self-imposed deadline. And Tesla has still not yet delivered automatic driving on city streets in the UK, nearly four years later.
Butler notified Tesla of his intent to file, and initially the company denied the claim. Then he filed with the UK courts’ Money Claim Online website, and his case was assigned to his local small claims court.
Once a court date was set, Tesla offered Butler a settlement offer – but initially, that settlement only included a refund of the initial price of the system, with no interest. And worse, for Butler, Tesla added clauses that would restrict him from talking about the settlement or providing anyone else instructions on how to pursue a similar claim.
Butler objected to these restrictions, and told Tesla that he would not accept any claims with these clauses included. After some further back and forth and telling Tesla that he would continue to pursue the court date, Tesla seemingly recognized that his claim was a “slam-dunk,” in Butler’s words, and agreed to the higher amount without the gag clauses included.
Butler says:
From Telsa’s POV, I am the worst type of litigator to take on. I am not a lawyer, but deal with them quite often in my day job so I know enough to put in a small claims action with confidence. The money wasn’t important to me, I felt they’d conned me and I wanted them to do the right thing and put it right. Moreover, because the money wasn’t important to me I was never going to sign up to a non-advice/confidentiality clause, I think it’s important that my experience is out there for others to form their own views from.
The settlement ended up being for £8,015.22, including interest and court fees, which is $9,860USD at today’s exchange rates. As a settlement, this does not set any legal precedents, but it does show that there is a strong case against Tesla, at least in the UK, over violation of UK law in its advertising claims.
Electrek’s Take
This isn’t the first time Tesla has been lost in court over false advertising relating to its self-driving system. Last year, it was ordered to upgrade one driver’s self-driving computer for free after announcing that it would charge owners $1,500 for hardware they already bought.
But small claims is not the most efficient way to hold companies accountable when they make false promises. While it is much cheaper and easier than a traditional lawsuit, because neither side is allowed to bring lawyers and the court filing system is streamlined in comparison, it’s still a roadblock and still requires fees.
It also requires knowledge of the system, which is why Tesla wanted to add a “non-advice” clause to Butler’s settlement. By tamping down on public knowledge of how to file these claims, Tesla can hopefully settle them one by one and not have to pay restitute across its entire customer base, at least 285,000 of which have paid for FSD.
This is why class actions are good at holding companies accountable, because they can combine several claims together. Otherwise, a company isn’t going to care about losing a few thousand dollars here and there – they’ll offer quick settlements and get on with their day.
It’s also why companies prefer binding arbitration clauses, which deprive workers and consumers of their legal right to seek remedy through the legal system or through class action lawsuits. But forced arbitration has been upheld repeatedly by the consumer-hostile “supreme” court of the US, more than half of whom were appointed or confirmed undemocratically, so it stands to reason that they wouldn’t care about what would benefit the public most.
This is relevant because Tesla recently weaseled out of one of these class action lawsuits by claiming successfully in court that all owners must go through arbitration if they want to receive remedy. The court even boneheadedly ruled that one owner who did not accept the arbitration clause was not allowed to sue because they waited too long to do so, even though Tesla’s violation is happening on a continuing basis.
And none of this is great for customer or public perception of Tesla. While they may be profiting off of sales of future software, they could do a lot better for goodwill by offering customers who feel jilted to refund a system which they’ve never been able to use – and may never be able to use over the course of the entire lifetime of the vehicle, given that some have now had FSD functionality for 6 years without it actually being usable yet.
For now, the steps above may not apply to the US the same as they apply to the UK. But if you’re in the UK and want your money back for a non-working Full Self-Driving system, it sounds like the process is relatively simple. Head on over to the Tesla Motors Club forum thread to learn more and see a selection of documents that Butler filed. And if anyone tries the same in the US (or if you have tried it and succeeded in the past), we’d love to hear about it.
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Velotric has continued to regularly update its popular e-bike models, with the latest launch today bringing us the Nomad 2. This fat tire adventure bike carries a host of new features and components, offering a powerful yet comfortable ride on both city streets and off-road trails.
The Velotric Nomad 2 sports a 750W nominally-rated motor with a true 90 Nm of torque. In other words, it’s designed to eat hills for breakfast and lay down some real power when riders need it most. And with both throttle-activated control and 15 levels of responsive pedal assist, that power can be dialed in to the right level for each rider’s own taste. And with a maximum speed of 28 mph, the bike is fast enough to keep up with traffic… when riders aren’t enjoying a relaxing trail ride.
Speaking of pedal assist, Velotric offers what they call SensorSwap, a feature in the pedal assist system that uses both a cadence sensor and a torque sensor and allows riders to select which sensor is being used at any time. The former allows riders to pedal easily while still getting impressive power output from the motor, while the latter offers more intuitive riding that provides a more natural feeling akin to pedaling a bike with extra powerful legs.
Torque sensors are often considered superior for their more refined experience, but cadense sensors are still praised by riders who don’t want to put in the extra effort required by torque sensors. With a torque sensor, the rider’s pedaling effort is multiplied, but a cadense sensor lets riders feel like they’re pedaling without needing to actually provide as much of their own ‘oomph’.
The Nomad 2’s design includes off-road features such as 26×4.0″ tires, a 100mm travel hydraulic suspension fork, and an included parallel linkage suspension seat post.
Combined with the powerful motor that offers 1,000 lb of towing capacity (plus 505 lb of payload), the 75 lb e-bike is built to handle just about anything, and that includes nearly any trail.
“Sometimes the road less traveled is the better one,” says Adam Zhang, the CEO of Velotric. “Nomad 2 speaks to those who love the journey, and the occasional detour! Whether you’re climbing trails, hauling heavy loads, or simply cruising, our latest bike gives you the freedom to ride further, faster, and more comfortably than ever before.”
And since off-road adventures often don’t have clear-cut end times, the bike offers 65 miles of maximum range thanks to the 48V and 14.7 Ah battery with 705 Wh of capacity. That battery is UL-listed and IPX7 waterproof, meaning you can dunk it in water. I’ve done exactly that with Velotric batteries before and they’ve survived for many more rides.
Rounding out the feature list includes a 3.5″ color display, Bluetooth connectivity, USB-C phone charger, 500 lumen headlight, tail light with turn signals, included rear rack with fenders, hydraulic disc brakes, an 8-speed Shimano transmission, and more.
The Velotric Nomad 2 is priced at $1,999 and went on sale today.
Riders can snag it in two sizes with four color options, and with a choice between a high-step and a step-through frame style.
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A Tesla store in New York City has been taken over by people protesting Elon Musk – disrupting the operations.
As we have reported over the last few weeks, there’s a growing movement called “Tesla Takedown,” under which grassroots protests are being organized at Tesla stores around the world.
There have been many more protests this weekend. Some of them had truly impressive turnouts.
For example, hundreds of people showed up to protest at Tesla’s Tuscon location (via Andy Flach):
These protests have been peaceful and legal, but there have been a few exceptions.
At Tesla’s Manhattan store in New York City today, some protestors managed to get inside the store and it started to cause problems.
Here’s a video (via Oliya Scootercaster ):
About 300 people showed up to the protests. Most of them stayed protesting peacefully outside, but a handful of people got in and Tesla employees had to close the stores as more tried to get in.
The police confirmed having arrested 9 people, but the charges are not clear as of now.
In videos of the aftermath, it looks like a few glass doors and windows were broken.
Similar protests have been reported in most major cities in the US and they are planned for the next few weeks.
Electrek’s Take
This is getting bigger and still gaining momentum. I’m honestly surprised by the response. I thought it would last weekend with a few dozen people at a few stores and that’s it.
But it looks like now thousands of people are getting active and it’s becoming a real problem for Tesla.
Enough to get the board to act and remove Elon Musk? I doubt it. Elon has done plenty of fireable offenses and they haven’t even blinked – because they are all in Elon’s pockets.
I think the stock price is the only thing that can really get things moving.
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Electrifying your commercial fleet is a tricky thing. Sure, you want to cut your fuel costs. You want to reduce your operating variables. Heck you you even want to help corporate meet their ESG goals – but where do you start? MAN Trucks is here to help fleet managers get answers.
As more and more heavy trucking fleets begin to deploy electric assets, they’re proving that operators’ range anxiety may be a myth on most routes. That’s true enough here in North America, and truer still in Europe where distances between cities are condensed and trucks like the Mercedes eActros and Renault E-Tech T semi roam.
MAN Trucks are also a popular choice in Europe, and their leadership – unlike most in the industry – have been especially vocal in their criticism of hydrogen, and have fully embraced battery-electric vehicles. As such, it’s no wonder that the company took to LinkedIn to announce its MAN electric commercial vehicles consultation team.
“It’s Full Power here with the MAN electric commercial vehicles consultation team,” writes Roger Turnbull, Head of EV Truck Consultation at MAN Truck. “After another busy week of meetings presenting to haulage and transport organizations of all sizes across the UK – you can feel the EV interest and enthusiasm growing.”
MAN Trucks’ consultation team helps commercial fleet operators in Europe and the UK fully understand the needs of their fleet, analyzes their fuel and maintenance costs, and helps them get a better understanding of what fleet assets are prime candidates for electrification, and what sort of charging solutions might work best for their operations – and that doesn’t always mean on-site charging.
With the capacity for onsite charging now becoming a reality for many plus proof that operators range anxiety maybe a myth on most routes, our industry is already stepping up a gear to find out more.
ROGER TURNBULL, MAN TRUCKS
Off-site charging solutions like those offered by Voltera and Zeem here in the US seem to be somewhat less common in Europe, but the electric trucking infrastructure as-a-whole seems to be a step or two ahead. That, combined with generally higher fuel costs compared to the US, make it a bit easier for fleets to electrify. And MAN will help them see that.
The best part? MAN’s consultation is free, and requires no obligation to buy. “Your MAN EV Consultation Team in the UK offer free information, advice and support,” offers Turnbull. “[Everything] from the basics to multi-vehicle using multiple site locations. Factually checked and honest.”
You can’t do much better than free, right?
Electrek’s Take
Fleet assessments and fleet asset audits are crucial steps on the path to successful fleet electrification. These comprehensive evaluations provide fleet operators with valuable insights into their current fleet operations, energy consumption patterns, and infrastructure needs. By carefully analyzing this data, fleet managers can make informed decisions about which vehicles to prioritize for electrification while minimizing the potential for “surprises” once the trucks are delivered and the funds are tied up.
If you’re a fleet manager reading this, you should get a fleet energy analysis set up soon – whether you’re planning to electrify or not.
SOURCE | PHOTOS: MAN Trucks.
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