Tesla Facing Class Action Over Automatic Software Updates that Allegedly Cut Model S, Model X Battery Capacity, Driving Range

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Tesla faces a proposed class action after recently rolling out software updates that, unbeknownst to drivers, deplete their vehicle’s battery life and slash the driving range by at least 20 percent. 

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The 35-page case, filed on May 12 in California, emphasizes that no reasonable consumer would expect Tesla itself to “deliberately and significantly” interfere with the performance of Model S and Model X vehicles by way of automated software updates. 

“The depletion of batteries following software updates is completely inconsistent with Tesla’s representations about battery life. In fact, Tesla represents that its batteries will outlast the vehicles themselves.” 

Despite this, the suit says, many Tesla drivers have been compelled to pay a third party hundreds of dollars to reverse the software update so as to “continue to experience the battery performance they had” before the automaker rolled it out. Other drivers, according to the case, have had their Tesla batteries irreparably damaged from the software update at issue. 

“In some other cases,” the lawsuit says, “the software updates will render the batteries inoperable, and car owners need to purchase a new battery at a cost of up to $15,000.” 

Per the complaint, a Tesla driver does not have the ability to stop software updates or revert back to previous software versions. The suit charges that Tesla’s claim that its software updates are intended to “add new features and enhance existing ones” is demonstrably untrue, particularly in light of the post-update battery problems reported by drivers. 

According to the case, Tesla has denied “any causal link between the software updates and the derating of the battery” when drivers require repairs or assistance after installing an update. Per the suit, each of the named plaintiffs has dealt with “either a significant drop in battery capacity following a software update, or a complete battery shutdown.” Others have received a “BMS_u029” error message, indicating that their battery is run down or inoperable, the suit adds. 

The filing notes that Tesla can unilaterally push out software updates directly to Model S and Model X vehicles without consent from a driver. Proposed class members “certainly did not consent to updates that harm the performance of their vehicles,” the case reads. 

Importantly, the named plaintiffs, residents of Washington, Michigan, Illinois and California, are not bound by Tesla’s “draconian” arbitration clause, as they have either bought their vehicles from third parties via private sale or did not have a purchase agreement containing an arbitration clause, the lawsuit clarifies. 

The case accuses Tesla of violating, among other laws, the federal Computer Fraud and Abuse Act by pushing software updates out to consumers’ vehicles without consent. 

The suit looks to cover all persons or entities who bought or leased one or more Tesla Model S or Model X vehicles in the United States. 

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