Tesla Class Action Accuses Automaker of Lying About ‘3 Years Free Supercharging’ Program

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A proposed class action alleges Tesla has falsely advertised a “3 Years Free Supercharging” program for its Model S and Model X vehicles given customers were never provided with free supercharging benefits. 

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The 17-page lawsuit alleges the electric vehicle maker has tricked consumers into paying a high premium for cars advertised with “a benefit [Tesla] knows will not be conferred.” The suit accuses Tesla of engaging in “blatant bait-and-switch tactics,” namely by deliberately misrepresenting to drivers that they will be able to supercharge their vehicles “on an unlimited basis for three years without incurring any expense or additional fees.” 

In reality, the complaint says, drivers who have taken delivery of their Model S and Model X vehicles between April and June of this year have received no free supercharging benefits at all, “let alone for a three-year period of time.” 

“Defendant Tesla is reaping substantial ill-gotten profits at the expense of consumers. Consequently, Defendant Tesla has made, and continues to make, false, deceptive, and misleading claims and promises to consumers about the characteristics, cost, quality, and advantages of the Products in a pervasive statewide marketing scheme that falsely touts the benefits of the Products and misrepresents the Products’ pricing. The Products do not live up to the advertising claims made by Defendant Tesla.” 

According to the case, Tesla’s online marketing for the Model S and Model X states specifically that customers who “take delivery of a new Model S or Model X vehicle between April 20, 2023 and June 30, 2023, are eligible for unlimited free Supercharging on their new vehicle.” This representation leads consumers to believe that if they take delivery of their Tesla between those dates, they will be able to supercharge their car on an unlimited basis for three years at no extra cost, the filing asserts. 

On the contrary, drivers who fit Tesla’s advertised delivery-date criteria receive no free supercharging, the suit claims, alleging many consumers were induced into buying their Model S or Model X vehicles based on the automaker’s fraudulent advertising. 

The plaintiff, a Los Angeles County consumer, says that although he took delivery of his vehicle around April 22 of this year, Tesla “refused to confer [him] with the benefit of three years of free supercharging.” 

“When individuals decide to purchase a Tesla car, the cost of supercharging the electric vehicle is unquestionably material to them,” the case emphasizes. “That is clearly why Defendant Tesla chose to prominently highlight the ‘3 Years of Free Supercharging’ and savings feature.” 

The lawsuit looks to cover all consumers who bought a Tesla Model S or Model X vehicle in California for personal use and not for resale at any time between May 17, 2019 and the present. 

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