The Class Action Complaint alleges, among other things, that:
-Tesla has been implementing automatic software updates which, without warning to the customer, deplete the battery and reduce the driving range of the vehicles by at least 20%.
-These updates are directly implemented by Tesla wirelessly and systematically via entry into the vehicle’s computer, without the opportunity to consent to the updates by the customer.
-These updates derate the performance of the battery or, in some cases, render the battery inoperable.
The Class Action Complaint contends that the foregoing activity is a violation of the federal Computer Fraud and Abuse Act (“CFAA”) by Tesla because it “knowingly accessed a computer without authorization or exceeding authorized access,” and such prohibited access caused damage. Moreover, the Class Action Complaint contends there is liability because Tesla “knowingly causes the transmission of a program, information, code or command, and as a result of such conduct, intentionally cases damage without authorization to a protected computer.” According tot the Class Action Complaint, the Tesla Model S and Model X are “computers” and “protected computers” as those term are defined by the CFAA.
The Class Action Complaint was just filed and asserts mere allegations. Tesla has not yet filed its response and the Class Action Complaint and the class has not been certified. Whether the allegations as framed in the Class Action Complaint will amount to a viable cause of action under the CFAA remains to be seen.
A copy of the complaint is attached below:
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