Jessy Edwards  |  August 30, 2022

Category: Auto News

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Christopher Lyzcen
(Photo Credit: Christopher Lyzcen/Shutterstock)

Tesla class action overview: 

  • Who: A Tesla driver is suing the automaker over its braking and autopilot systems.
  • Why: The plaintiff says the Tesla autopilot system is unsafe, and that Tesla does nothing about it.
  • Where: The class action was filed in a California federal court.

Tesla’s autopilot and automatic emergency braking systems have defects that cause the brakes to falsely engage “randomly and unexpectedly,” but Tesla does nothing about it, a new class action lawsuit alleges.

Plaintiff Jose Alvarez Toledo filed the class action complaint against Tesla, Inc. Aug. 26 in a California federal court, alleging violations of state and federal consumer and warranty laws.

According to Toledo, Tesla designed, marketed, and sold a faulty autopilot system featured in the 2021 and 2022 Model Year Tesla Model 3 and Tesla Model Y.

He says the Tesla systems have a defect that causes the vehicles’ brakes to falsely engage randomly and unexpectedly. 

“The problem is that Tesla is rushing these features to market when the technology is not yet ready and not yet safe,” Toledo states. 

Many Tesla driver have complained of braking flaw, lawsuit alleges

He says that many Tesla owners have reported significant, unexpected slow-downs and stops due to the false engagement of their braking systems, even though no objects were nearby. 

“When the sudden unintended braking defect occurs, they turn what is supposed to be a safety feature into a frightening and dangerous nightmare,” he says, stating that he has experienced the defect himself on several occasions. 

The lawsuit alleges the National Highway Traffic Safety Administration (NHTSA) has fielded hundreds of individual complaints in the last three years from drivers of Tesla vehicles.

It also alleges that Tesla has known about problems with its autopilot system for years but has been silent on the matter. 

Toledo says Tesla has refused to repair or replace the impacted vehicles despite the fact that the class vehicles are under a comprehensive warranty.

He’s looking to represent anyone in the United States who purchased, leased or owned a Tesla Vehicle that suffers from the sudden unintended braking defect, plus a California Subclass.

Toledo is suing for fraud, breach of express and implied warranties, violation of the Magnuson-Moss Warranty Act, violation of statutory deceptive trade practices laws of California, and unjust enrichment. 

He’s seeking certification of the class action, damages, fees, costs and a jury trial.

Meanwhile, in June, the NHTSA upgraded its probe into Tesla vehicles equipped with partially automated driving systems following a series of accidents. 

That came after Tesla recalled nearly 130,000 of its Model S, 3, Y and X vehicles over concerns that they contain infotainment central processing units (CPUs) that are prone to overheating. 

What do you think of the claims in this Tesla class action lawsuit? Let us know in the comments! 

The plaintiff is represented by Joel D. Smith, Frederick J. Klorczyk III and Matthew A. Girardi of Bursor & Fisher, P.A.

The Tesla autopilot class action lawsuit is Jose Alvarez Toledo v. Tesla, Inc., Case No. 3:22-cv-04908 in the U.S. District Court for the Northern District of California. 


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5 thoughts onTesla class action alleges automaker rushes enhancements with unsafe technology

  1. Andre Fleury says:

    Even though we paid for full Autopilot for 2 model S one 2015 and one 2018 never really work properly . Can you add our name to the lawsuit

  2. Jennifer Varilek says:

    add my name to the suit with Tesla, they need to be held accountable for their unsafe models

  3. Sejla Zulovic says:

    We’ve had two Tesla’s we currently have model y please add me.

  4. nooshin tamaddon jannati says:

    Please add my name to class action lawsuit against Tesla car manufacturer.

  5. Heather says:

    Add me

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