NHTSA Complaint #11246771 — 2014 TESLA MODEL S

BEGINNING IN JUNE, THE SUBJECT VEHICLE SUFFERED FROM A SEVERE AND SUDDEN DECREASE IN THE AMOUNT OF RANGE AVAILABLE AS A DIRECT RESULT OF SOFTWARE UPDATES ISSUED BY TESLA WITHOUT DISCLOSURE TO OWNERS. PRIOR TO THE UPDATES, THE SUBJECT VEHICLE HAD APPROXIMATELY 255 RATED MILES AVAILABLE. FOLLOWING UPDATES 2019.16.1 AND 2019.16.2, THE SUBJECT VEHICLE SUFFERED IMMEDIATELY FROM A RANGE DROP TO 225 AVAILABLE MILES. THE SUBJECT VEHICLE HAS ALSO BEEN UNABLE TO CHARGE FULLY AND NOW SUFFERS FROM DECREASED CHARGING SPEEDS. THE OWNER OF THE SUBJECT VEHICLE WENT TO NCDS ARBITRATION, SEEKING A MANUFACTURER REPLACEMENT OF THE BATTERY UNDER WARRANTY, BUT THE ARBITRATOR DECIDED THAT THERE WAS NO PROOF OF DEFECT. TESLA CLAIMS THAT THIS IS NORMAL DEGRADATION. HOWEVER, THE NEGATIVE EFFECTS WERE CAUSED SOLELY BY TESLA'S SOFTWARE UPDATES, FOR WHICH IT HAS YET TO DISCLOSE WHETHER THERE ARE CARS AFFECTED AND POTENTIALLY AT HIGHER RISK OF CATCHING ON FIRE. TESLA HAS FAILED TO COMMUNICATE ANYTHING WITH REGARDS TO THE SAFETY OF THE AFFECTED VEHICLES AND HAS CONTINUED TO MAKE ADJUSTMENTS TO THE SOFTWARE WITHOUT PROVIDING OWNERS WITH ANY NOTICE OR INFORMATION THAT THEIR VEHICLE MAY BE AFFECTED. THE OWNER OF THIS VEHICLE WAS DENIED A WARRANTY REPLACEMENT AFTER HAVING THE CLAIMS ARBITRATED WITH NATIONAL CENTER FOR DISPUTE SETTLEMENT, WHERE THE ARBITRATOR FOUND THAT THERE WAS NO MANUFACTURING DEFECT. THE SUBJECT VEHICLE CONTINUES TO SUFFER FROM A HIGH RATE OF BATTERY LOSS WHEN THE CAR IS PARKED AND NOT IN OPERATION. THE CAR HAS NOT REGAINED ANY MILEAGE AS A RESULT OF TESLA'S MOST RECENT UPDATES THAT HAVE ATTEMPTED TO REMEDY THE SITUATION. THE SUBJECT VEHICLE SUFFERS FORM REDUCED CHARGING SPEEDS AND IS NOT CAPABLE OF REACHING THE SAME NUMBER OF MILES AS IT DID BEFORE.