Gary Zhou 
A proposed class action lawsuit has been filed in California against Tesla regarding the automaker’s over-the-air (OTA) updates and how they affect battery health.
As the first major automaker to institute OTA updates to its vehicles, Tesla has faced numerous legal challenges regarding the technology since its launch. Now, the leading EV brand is facing yet another lawsuit, this time in the State of California. According to Reuters, Tesla faces a potential lawsuit from a group of Model S and Model X owners, who allege the company’s OTA updates have negatively impacted battery health.
As noted in the court filing, the group of Model S and X owners allege that recent OTA updates have resulted in as much as a 20% drop in range as well as a select number of “battery failures,” which resulted in owners being forced to pay $15,000 for a new battery. Specifically, the lawsuit alleges that Tesla infringed on consumer protections put in place by the “Computer Fraud and Abuse Act.”
This is not the first time Tesla has faced a legal challenge regarding OTA updates and their effect on battery health. In 2021, the company settled a similar case and paid $1.9 million to a small group of Model S owners who alleged that a software update had lowered the maximum battery voltage of their vehicles.
“Tesla owners and lessors are uniquely at the mercy of the maker of their cars, and Tesla imposes software updates without consent whenever their vehicle is connected to Wi-Fi,” said Steve Berman, a lawyer representing the new group of plaintiffs. Neither Tesla nor its legal team have yet to issue a comment.
It remains unclear what damages Tesla could be facing if the proposed case were to reach court, and further, it is unclear how widespread the alleged battery health problem is.
