Tesla has been accused in a new class action lawsuit of intentionally misleading consumers about the driving range of their battery-powered cars.
"Tesla's advertised total mileage range for the Tesla vehicles is based on charging the vehicle to 100%, but Tesla discourages charging its vehicles to 100%; therefore, Tesla's advertised mileage range for the Tesla Vehicles is misleading," says the lawsuit, originally filed in Alameda County Superior Court and later transferred to U.S. District Court for the Northern District of California.
The suit also alleges that the range of the Tesla vehicles can drop by up to 50% in cold weather and that the ranges the company provides are not estimated based on the standard formulas used by the U.S. Environmental Protection Agency. Rather, they are allegedly based on "Tesla's own proprietary software method and algorithms for calculating range, which allowed for a more aggressive estimate of total electric vehicle range."
The suit accuses Tesla of violating California unfair business practices statutes.
"The reduced range of the vehicle has impacted Plaintiffs' cost of operating the vehicle in various ways," the lawsuit states. "Plaintiffs have had to charge the vehicle more frequently, leading to increased electricity costs over time. With its reduced range, Plaintiffs' vehicle has depreciated and will continue to depreciate in value faster than those that maintain a longer range."
The shorter range also increases "range anxiety," a condition coined to identify drivers' concern about running out of battery before reaching their destination, the suit says.
"This has caused them to take longer routes to ensure they pass by charging stations or avoid certain trips altogether. These longer routes have caused increased monetary costs," the suit says.
The suit was filed on behalf of the general public and seeks a finding on the facts and "whether the general public are entitled to injunctive relief."
The plaintiffs are represented by attorneys Jordan L. Lurie, Ari Y. Basser and Zev B. Zysman, of Pomerantz LLP, of Los Angeles, and attorney Zev B. Zysman, of Encino.
Zaks v. Tesla Inc, U.S. District Court for the Northern District of California, 3:23-cv-05556-AGT.