Tesla has found itself facing another proposed class action lawsuit over allegations of deceptive marketing related to its recent promotion that promised three years of free Supercharging.
The lawsuit was filed by Los Angeles resident Sean Cohen on July 21 alleging that Tesla employed an online marketing strategy that led customers who purchased Model S and Model X vehicles between April 20 and June 30, 2023 to believe they would receive the benefit of unlimited free Supercharging with their new vehicles.
The plaintiff argues that this promise influenced his decision to buy a Model X that he took delivery of on April 22, 2023, but for which he says he did not receive the free Supercharging. This left him and other buyers to bear the costs associated with charging their vehicles, with the lawsuit alleging that Tesla reaped substantial profits at their expense.
However, this appears to be a simple case that likely won’t make it very far, and makes us wonder why a legal firm would even take it on. Based on a review of the lawsuit by Drive Tesla, the discrepancy appears to arise from Cohen taking delivery of his Model X two days after the promotional period began, but purchasing the car prior to April 20, before the promotional period start date.
The lawsuit only states the car was delivered on “approximately April 22,” but the terms and conditions of the offer clearly stated it only applied to “customers who order and take delivery of a new Model S or Model X vehicle between April 20, 2023 and June 30, 2023.” (emphasis added)
The complaint levels several legal accusations against Tesla, including violations of California’s Unfair Competition Law, Consumers Legal Remedies Act, and False Advertising Law. Additionally, the lawsuit asserts claims of fraud, unjust enrichment, and negligent misrepresentation under common law. Cohen also seeks to represent a class of California consumers who purchased Model S and Model X vehicles for personal use since May 17, 2019.
The lawsuit seeks damages, restitution, disgorgement of alleged ill-gotten gains, and other remedies as permitted by the law. You can read the full lawsuit below. (via Law.com)
https-ecf-cacd-uscourts-gov-doc1-031140713020
