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New Lawsuit Accuses Tesla of Knowingly Selling Defective Vehicles (theverge.com)

A new lawsuit from a former Tesla employee claims the company knowingly sold defective cars, and that the employee was demoted and eventually fired after reporting the practice to his superiors. The lawsuit was filed in late January in New Jersey Superior Court under the Conscientious Employee Protection Act (CEPA). The Verge reports: The former employee, Adam Williams, worked for Tesla as a regional manager in New Jersey dating back to late 2011. While there, he says he watched the company fail "to disclose to consumers high-dollar, pre-delivery damage repairs" before delivering its vehicles, according to the complaint. Instead, he says the company sold these cars as "used," or labeled as "demo/loaner" vehicles. "There's no merit to this lawsuit. Mr. Williams' description of how Tesla sells used or loaner vehicles is totally false and not how we do things at Tesla," a representative for the company said in response to the lawsuit. "It's also at odds with the fact that we rank highest in customer satisfaction of any car brand, with more owners saying they'd buy a Tesla again than any other manufacturer. Mr. Williams was terminated at Tesla for performance reasons, not for any other reason." The lawyer for the plaintiff could not be reached in time for publish.

Williams says in the court filing that he reported this behavior in late 2016 and early 2017 to his supervisor, as well as Lenny Peake, Tesla's East Coast Regional Manager, and Jerome Guillen, a company vice president. Shortly after that, he claims, he was demoted to service manager of the Springfield, New Jersey Tesla store. He then says he was demoted again later in the year to a "mobile manager" position and was ultimately fired in September 2017. In the lawsuit, Williams argues that he was terminated for reporting the alleged lawbreaking practices, and he should therefore be covered by CEPA's whistleblower protection.

11 of 62 comments (clear)

  1. omg by viperidaenz · · Score: 5, Insightful

    He alleges Tesla sold used cars that had been repaired as used cards, without labelling them as "lemons"

    Thats.... a normal thing to do? It's not like they were claiming to be selling the used cars as new.

    1. Re:omg by AmiMoJo · · Score: 2

      Most lemon laws require such cars to be marked as such when re-sold. Often the manufacture agrees a buy back to avoid that.

      Also if the car is damaged before delivery that might have to be disclosed. Consider that if you have an accident and get the car repaired it's value is diminished compared to a similar car that hasn't been crashed. So why would it be different if the factory damaged and fixed it before delivery?

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    2. Re:omg by brad3378 · · Score: 2

      According to the Tesla forums, it's not uncommon for Teslas to spend 3+ months in the repair shop.

      They can't sell these factory-damaged cars at full price so they should just use them as loaner vehicles.

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    3. Re:omg by viperidaenz · · Score: 2

      I'm not surprised about the time to repair. They don't even have production capacity for regular sales and are woefully behind schedule for all their current offerings.
      I wouldn't be surprised if they have a backlog producing spare parts.

      They don't sell these repaired cars at full price, they're sold as used cars.
      Right now I could buy a Model X 75D for $NZ124,400 with 11,695km used or a new 75D for $150,645 with fewer options (which for some reason I can't select all the upgrades the used one comes with, like the "towing package" or "smart air suspension" or "carbon fibre upgrade")

  2. Re:Hard Case by DickBreath · · Score: 2

    Do not blame the QA process or pre-delivery damage. It is simply that the vehicles are "flight proven" vehicles.

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  3. Re:Hard Case by roland.c.harrison · · Score: 4, Insightful

    Even if this is true it doesn't prove that he was fired for reporting it. It would be very difficult to prove he was fired for any reason other than "performance reasons".

  4. Wait, what? by drinkypoo · · Score: 5, Insightful

    A former Tesla employee claims the company knowingly sold defective cars, often referred to as âoelemons,â

    Wow, lemons? That sounds serious! If a vehicle is in the shop more than it's out, then that's certainly grounds for return or replacement. As far as I know, Tesla is pretty good about providing loaner vehicles, but I'd be pissed off if my car were in the shop all the time — especially since the only shop is Tesla. Is there any more information about this?

    The former employee, Adam Williams, worked for Tesla as a regional manager in New Jersey dating back to late 2011. While there, he says he watched the company fail âoeto disclose to consumers high-dollar, pre-delivery damage repairsâ before delivering its vehicles, according to the complaint. Instead, he says the company sold these cars as âoeused,â or labeled as âoedemo/loanerâ vehicles.

    So just to be clear, Tesla had demo and/or loaner vehicles which were repaired (at some expense which might be described as "high") before they were delivered to customers. These repairs were performed by Tesla, which then sold them as demo and/or loaner vehicles. I'm failing to see a problem here. Their status as demo and/or loaner vehicles was disclosed to the customer, and the problems with the vehicles were repaired before delivery. Who's been harmed in any way? Where in fact is the fraud? What is this alleged whistleblower blowing the whistle about?

    Maybe there's more to this, and this just isn't a very good article.

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    1. Re:Wait, what? by Obfuscant · · Score: 5, Insightful

      Wow, lemons? That sounds serious! If a vehicle is in the shop more than it's out,

      TFA mentions "lemons". It also says "high-dollar pre-delivery damage repairs." "Pre-delivery" and "damage repairs" means the car wasn't "in the shop" because of some failure in hardware. It means that there was damage to the car before it was ever sold the first time. This is not a sign of poor design or part failure. It's what happens when someone backs a forklift into a car after it comes off the assembly line but before it is delivered. Or it gets damaged going onto the delivery truck.

      It's not a "lemon" in any sense of the word.

      So just to be clear, Tesla had demo and/or loaner vehicles which were repaired (at some expense which might be described as "high") before they were delivered to customers.

      They had vehicles. They didn't have to be demo or loaners, they could have been in the factory being built when the damage occurred.

      These repairs were performed by Tesla, which then sold them as demo and/or loaner vehicles. I'm failing to see a problem here.

      Me either.

      Maybe there's more to this, and this just isn't a very good article.

      This is slashdot.

      What I question is the headline, since the lawsuit isn't about selling defective vehicles, it's about being fired, and selling "high-dollar pre-delivery damage repair[ed]" vehicles isn't selling defective vehicles anyway. There is no proof that the damage was the result of a defect, and after they are repaired (i.e. when they were sold) they didn't have the damage anymore.

  5. Standing to Sue? by CrashNBrn · · Score: 3, Interesting

    Unless Adam Williams owns one of these "used" / "demo" vehicles, how does he have any Standing to bring this lawsuit about at all?

    It also seems like it would be pretty easy to query the owners of said vehicles to see if they've had unusual, or frequent problems with their cars.

    This sounds like little more than a disgruntled ex-employee abusing the Wild West US Court system.

  6. Re:Hard Case by rtb61 · · Score: 2

    So damaged vehicles were sold as used rather than as new because it cost less to sell them as used as is, rather than repairing them and selling as new. So basically a non-story, wow some one really truly wants to buy Tesla at a discounted price, really desperate, this kind of tactic stinks of M$ (keep in mind they stuck a poison pill into a phone company to cripple it and buy it cheap, problem was it never recovered). That is rather a sound practice, cost too much to repair, sell it as is, second hand ie the manufacturer sells it to a used vehicle division who sells it as is, rather than have it enter the new vehicle market as a repaired vehicle which most new buyers would not appreciate, so factually correct).

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  7. It's against the law in New Jersey by Anonymous Coward · · Score: 2, Informative

    From: http://www.nj.gov/oag/newsreleases12/pr20121121a.html

    "Attorney General Chiesa noted that, under New Jersey’s Consumer Fraud Act and Motor Vehicle Advertising Regulations, it is illegal to advertise a car for sale without disclosing past damage"...