Tesla Class Action Lawsuit Says Autopilot Feature is Dangerously Defective

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A class action lawsuit filed against electric car manufacturer Tesla alleges that owners who paid more for the autopilot feature on the Model S were misled.

The Tesla class action lawsuit states that buyers of the Model S could pay an additional $5,000 for “Enhanced Autopilot” features.

Tesla promised buyers that the extra safety features “will become available in December 2016 and roll out through over-the-air software updates.”

However, the complaint asserts that the software is delayed, incomplete, “essentially unusable and demonstrably dangerous.”

To date, only a “Traffic Aware Cruise Control” (TACC) and a front collision warning system have been provided. The complaint notes that these features come standard on many vehicles that cost half as much as the Model S.

Moreover, the class action claims that Tesla’s TACC system is “dangerously defective.” The Tesla lawsuit cites several online reviews and videos showing Model S vehicles with the autopilot engaged veering towards curbs, crossing yellow lines, and “behaving as if a drunk driver is behind the wheel.” The complaint argues that “Tesla had to know how deeply flawed, raw, and untested the software was and remains.”

In short, the class action asserts that “[c]ontrary to what Tesla represented to them, buyers of affected vehicles have become beta testers of half-baked software that renders Tesla vehicles dangerous if engaged.”

Plaintiff Dean Sheikh of Colorado states that he ordered a Tesla Model S in November of 2016, and paid an extra $5,000 for the “Enhanced Autopilot” add-on. Sheikh received his car in December, and alleges harm because the vehicle still does not have the safety features or autopilot he purchased.

Similarly, plaintiff John Kelner from Florida purchased and received his Model S in December, and also paid the $5,000 for the “Enhanced Autopilot” that does not function properly. Finally, plaintiff Tom Milone, a resident of New Jersey, paid both the $5,000 for the “Enhanced Autopilot,” and an additional $3,000 for “Full Self-Driving Capability.”

All three plaintiffs claim that had they known that the safety features and autopilot would not be functioning by now, they would not have paid for those extra options.

The Tesla fraudulent autopilot lawsuit requests certification of several Classes of consumers who purchased or leased a “Tesla Model S or Model X vehicle that was equipped with the hardware necessary for use of Enhanced Autopilot,” in the states of Colorado, Florida, and New Jersey.

The lawsuit also asks for subclasses for those persons who paid extra for the “Enhanced Autopilot” optional software. The class action seeks buyback options to be presented to potential Class Members and an injunction stopping Tesla from its deceptive marketing.

Sheikh, Kelner, and Milone are represented by Shana E. Scarlett, Steve W. Berman, Thomas E. Loeser, and Robert F. Lopez of Hagens Berman Sobol Shapiro LLP.

The Tesla Model S Fraudulent Autopilot Class Action Lawsuit is Dean Sheikh, et al. v. Tesla Inc. d/b/a Tesla Motors Inc., Case No. 5:17-cv-02193, in the U.S. District Court for the Northern District of California, San Jose Division.

UPDATE: On May 24, 2018, Tesla has reportedly agreed to settle a class action lawsuit accusing the electric car maker of misleading consumers about an enhanced autopilot feature.