NHTSA Complaint #11468644 — 2022 TESLA MODEL 3

I reported "phantom braking" to Tesla that occurred approximately 12 times on a 637 trip on June 4, I requested a service and Tesla responded on June 10 that it "performed remote diagnostic routines to check for any faults ..and found no faults. ...Phantom braking is a known characteristic of current firmware that Tesla is aware of and actively working to improve." The service technician sent me the following additional message: "I understand your frustration at the situation, I've personally owned a model 3 that experienced phantom braking as well. Our technicians in service cannot improve your situation for you at this time, this is a software issue that our engineers are actively working on improving. We are waiting for software updates to help mitigate this issue. These will be automatically sent to your vehicle when they are available." I maintain that it is a defect that affects the safety of the car whenever cruise control is used and that this defect was not disclosed to me at the time of purchase nor subsequently except after I requested service. The car hits the brakes without warning at highway speeds of 70-80 mph, this cannot be safe yet Tesla's Service message reply is "If the vehicle begins applying the brakes when you do not wish you may simply press the accelerator pedal to override the vehicle." I cannot understand why Tesla hasn't disabled this feature and communicated the issue and risk to the owners of these cars until it fixes its software so the car doesn't brake unexpectedly at highway speeds while using autopilot or adaptive cruise control.