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A Tesla owner is suing the electric vehicle maker, alleging his Model 3 stops for random obstacles in 'frightening and dangerous nightmare'

Aug 31, 2022, 22:50 IST
Business Insider
A Tesla Model 3.David Zalubowski/AP
  • A Tesla driver is suing the carmaker in a proposed class action lawsuit for phantom braking.
  • The EV owner said the issues turn a "safety feature into a frightening and dangerous nightmare."
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A Tesla owner is suing the electric vehicle maker in a proposed class action lawsuit, alleging his Model 3 brakes "randomly and unexpectedly."

Jose Alvarez Toledo filed the lawsuit in federal court in the Northern District of California on Friday, Reuters first reported. The lawsuit accuses Tesla of hiding safety concerns related to its Autopilot system, violating warranties, and "unjustly" profiting off its Autopilot driver assist feature.

Though the lawsuit requires approval to obtain class action status, the filing claims "hundreds of thousands" of Tesla drivers could join the suit.

A Tesla spokesperson did not respond to a request for comment from Insider ahead of publication.

"Many Tesla owners have reported significant, unexpected slow-downs and stops due to the false engagement of their Class Vehicle's braking systems, even though no objects were nearby," the complaint reads. "When the Sudden Unintended Braking Defect Occurs, they turn what is supposed to be a safety feature into a frightening and dangerous nightmare."

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Tesla has received complaints related to Sudden Unintended Braking — also known as phantom braking — in the past.

In June, the National Highway Traffic Safety Administration (NHTSA) said it received over 750 complaints from Tesla owners who said their vehicles were braking for no reason. At the time, the agency said it was in the process of investigating some 416,000 Model 3 and Model Y vehicles.

According to the report, phantom braking incidents typically occurred when they had switched on cruise control or Autopilot, a system that automatically accelerates, brakes, and steers on highways.

Last year, Tesla was forced to roll back a version of its Full Self-Driving software over reports of phantom braking. But, The Washington Post reported in February that the issue had only appeared to worsen as the number of complaints nearly tripled in a matter of months.

Alvarez Toledo is seeking damages for expenses to repair the vehicles, a refund for the cost of Autopilot features, as well as compensation for the diminished value of the car.

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Tesla is not the only automaker to face reports of phantom braking. Earlier this year, the NHTSA revealed it was investigating about 1.7 million Honda cars over complaints that the company's Collision Mitigation Braking System was causing vehicles to brake unexpectedly.

Are you a Tesla owner or employee with a tip? Reach out to the reporter from a non-work email at gkay@insider.com

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