If your Tesla Model S vehicle experienced a limitation of battery voltage as the result of a May 2019 software update, a class action settlement may affect your rights.
A Federal Court authorized the Notice. You are not being sued. This is not a solicitation from a lawyer.
May 5, 2022 — Objection Deadline
May 5, 2022 — Exclusion Deadline
June 16, 2022, at 9:00 a.m. — Final Approval Hearing (via Zoom webinar – webinar access information available at https://www.cand.uscourts.gov/blf)
- A proposed settlement (“Settlement”) has been reached in a class action lawsuit called Rasmussen, et al. v. Tesla, Inc., No. 5:19-cv-04596-BLF, pending in the U.S. District Court for the Northern District of California. The lawsuit alleges, among other things, that in May 2019, Tesla released an over-the-air software update that reduced the maximum voltage to which the batteries in a limited number of Model S vehicles could be charged. The lawsuit further alleges that as a result of the update, the maximum range of the vehicles was reduced by approximately 10%. The update affected a small percentage of vehicles and the reduction was temporary. Tesla released subsequent software updates in July 2019 and March 2020 that fully restore maximum voltage and range over time as the vehicle is driven. Tesla strongly denies that it did anything wrong.
- You are included in the Settlement Class if, anytime during the period from May 15, 2019 through September 1, 2020, you owned or leased a Model S vehicle that experienced a limitation of maximum battery voltage as the result of the May 2019 software update, provided that you do not exclude yourself from the Settlement as detailed below. Excluded from the Settlement Class are any Judge presiding over this Action, the members of his or her immediate family, and Tesla and its officers and directors.
- If the Court approves the Settlement, Tesla will create a $1,500,000 Settlement Fund, from which eligible Settlement Class Members will receive payment of $625.00, unless the Settlement Class Member owned or leased the vehicle for only a portion of the time period May 15, 2019 through September 1, 2020 (i.e., because the vehicle was sold or transferred to a new lessee during that time), in which case the $625.00 payment will be prorated based on the number of months owned or leased.
- Please read the Notice carefully. Whether you act or not, your legal rights as a member of the Settlement Class are affected by the Settlement.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT|
PARTICIPATE IN THE SETTLEMENT (DO NOTHING)
|If you do nothing, a check will automatically be mailed to you after the Settlement becomes final. You will be bound by the terms of the Settlement, and you won’t be able to sue Tesla in a future lawsuit about the issues covered by the Settlement. You will not need to do anything to receive your payment.|
|You will receive no payment, but you will retain any right you currently have to sue Tesla about the issues covered by the Settlement.|
|Write to the Court explaining why you don’t like the Settlement.|
ATTEND THE FINAL APPROVAL HEARING
|If you object, you may also ask to speak in court about the fairness of the Settlement.|
- These rights and options—and the deadlines to exercise them—are explained in the Notice.
- The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided only after any issues with the Settlement are resolved. If approval is denied, is reversed on appeal, or does not become final, the case will continue, and no payments will be made. Please be patient.