NHTSA Complaint #11266175 — 2013 TESLA MODEL S

ON OR ABOUT JUNE 24, 2019, MY PARKED CAR'S SOFTWARE WAS FORCIBLY UPDATED WITHOUT MY PRIOR KNOWLEDGE, WITHOUT ANY PRIOR NOTIFICATION AND WITHOUT MY AUTHORIZATION. THIS FORCED SOFTWARE UPDATE REDUCED THE NOMINAL CAPACITY OF MY BATTERY FROM 74 KWH TO 68 KWH. ON JUNE 23, 2019, MY 100% STATE OF CHARGE (SOC) WOULD CHARGE EACH CELL IN MY BATTERY PACK TO 4.2 VOLTS, RESULTING IN A RATED RANGE OF 257 MILES. UPON ENTERING MY PARKED CAR ON JUNE 24, I DISCOVERED THAT TESLA "CAPPED" THE BATTERY SUCH THAT EACH CELL WOULD ONLY CHARGE TO APPROXIMATELY 4.09 VOLTS, RESULTING IN A RATED RANGE OF 226 MILES AT A 100% SOC, OR A RATED RANGE LOSS OF 30-31 MILES. FOUR TESLA CARS THAT WERE PARKED RECENTLY CAUGHT FIRE. AFTER THE FOURTH FIRE, TESLA ISSUED AN OVER THE AIR (OTA) SOFTWARE UPDATE PREVENTING THE FULL CHARGING (E.G., TO 4.2 VOLTS FOR EACH CELL) OF THE BATTERY PACK, LIMITED THE AMOUNT OF CURRENT THAT CAN BE "PULLED" FROM THE BATTERY PACK AT ANY ONE TIME, RESULTING IN A LOSS OF ACCELERATION. TESLA STATED THE UPDATE WAS "OUT OF AN ABUNDANCE OF CAUTION" AFTER THE OCCURRENCE OF SEVERAL NON-CRASH FIRES. TESLA UNILATERALLY TOOK THIS ACTION OF ISSUING A "FIRE-SAFETY UPDATE" WITHOUT INFORMING THE CAR OWNERS OF THE REASON FOR THE UPDATE, WHY SAID UPDATE SHOULD BE INSTALLED AND THE EFFECT ON THE CAR ONCE THE UPDATE WAS INSTALLED. IN MY CASE, THE UPDATE WAS FORCED ON MY PARKED CAR VIA AN OTA UPDATE ON JUNE 23 (OR 24) WITHOUT PRIOR NOTIFICATION TO ME NOR REQUESTING MY APPROVAL NOR INFORMING ME OF THE CONSEQUENCES OF INSTALLING THE UPDATE (REDUCED RANGE, POWER, ETC.), TESLA SAID THAT THEY WERE RELEASING A FIRE-SAFETY UPDATE, BUT OFFICIALLY NO SAFETY UPDATE WAS RELEASED. SEE, FOR EXAMPLE: HTTPS://WWW.THEVERGE.COM/2019/5/16/18627746/TESLA-FIRE-BATTERY-SOFTWARE-UPDATE-MODEL-S-X HTTPS://JALOPNIK.COM/TESLA-IS-UPDATING-BATTERY-SOFTWARE-AFTER-A-MODEL-S-CATC-1834794877