Tesla's Autopilot false advertising tussle with California DMV must go to trial
- Reference: 1718193608
- News link: https://www.theregister.co.uk/2024/06/12/teslas_autopilot_marketing_woes_continue/
- Source link:
Two complaints against the company were filed by the California Department of Motor Vehicles (DMV) in 2022, alleging that Tesla violated state law by [1]claiming that its vehicles could drive autonomously .
If successful in its complaints, the DMV could "revoke or suspend respondent's licenses to manufacture and sell motor vehicles in California on the ground that respondent unlawfully has used false, misleading phrases and feature names to market such vehicles."
[2]
Tesla earlier filed a motion trying to get an order dismissing the first set of amended accusations without an evidentiary hearing, claiming there was enough documentary evidence for a ruling. In its argument, it conceded the judge would not be able to "order the Department directly to dismiss this matter," as this would exceed formal hearing provisions in the California Administrative Procedure Act, but asked that the judge and the department use their "discretion to review these questions now, and to resolve them if possible without extensive but ultimately unnecessary litigation."
[3]
[4]
But Judge Juliet Cox of the golden state's Office of Administrative Hearings (OAH) was not convinced and said in Monday's order that she would not terminate the proceeding prematurely before the DMV had a chance "to develop evidence and present it at the hearing."
The judge noted, specifically, that the accusations by California's Department of Motor Vehicles "would, if true, support an enforcement action against Tesla."
[5]
Tesla did not immediately respond to a request for comment on the matter.
The company and its CEO have a long history of making specific boasts about what the vehicles can do with regard to autonomous driving. In May, a separate lawsuit [6]was given the green light to proceed after disgruntled owners complained that promises a Tesla car would be able to drive itself from Los Angeles to New York [7]failed to materialize .
The lawsuit stated the claims become ever more specific, alleging the company's boss, Elon Musk, said in 2017 that it would be possible for Tesla owners to sleep while their cars drove.
[8]
While sleeping at the wheel is possible – if not recommended – in most moving vehicles, Tesla makes it clear on its [9]website that a fully attentive driver, prepared to take over at any moment, is required for Autopilot and the Full Self-Driving capabilities of its vehicles.
However, old habits die hard, and the company also noted: "These features are designed to become more capable over time."
[10]Norway's sovereign wealth fund aims to zap Musk's monster Tesla pay deal
[11]Musk wants to ban Apple at his companies for cosying up to OpenAI
[12]California upgrade company aims militarized 'Tactical' Cybertruck at police forces
[13]California accuses Tesla of false advertising over Autopilot
If the accusations are proven, several remedies are available, including compensating Tesla owners and prohibiting the sale of the vehicles in California.
Autopilot is proving to be a headache for Tesla. An investigation into the technology's safety risks resulted in a [14]recall of more than two million vehicles at the end of 2023.
In 2024, the US National Highway Traffic Safety Administration (NHTSA) [15]opened a recall query to investigate the effectiveness of Tesla's remedy after the incidents continued. ®
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[1] https://www.theregister.com/2022/08/08/tesla_california_autopilot/
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZmnGI32I2zNRPMmDxkSHVAAAAMk&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZmnGI32I2zNRPMmDxkSHVAAAAMk&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZmnGI32I2zNRPMmDxkSHVAAAAMk&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZmnGI32I2zNRPMmDxkSHVAAAAMk&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[6] https://www.theregister.com/2024/05/16/tesla_selfdriving_lawsuit/
[7] https://www.theregister.com/2024/05/16/tesla_selfdriving_lawsuit/
[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZmnGI32I2zNRPMmDxkSHVAAAAMk&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[9] https://www.tesla.com/support/autopilot
[10] https://www.theregister.com/2024/06/10/norway_wealth_fund_musk_tesla/
[11] https://www.theregister.com/2024/06/11/musk_wants_to_ban_apple/
[12] https://www.theregister.com/2024/06/07/tactical_cybertruck_aims_to_bring/
[13] https://www.theregister.com/2022/08/08/tesla_california_autopilot/
[14] https://www.theregister.com/2023/12/13/tesla_recall_autopilot_safety/
[15] https://www.theregister.com/2024/05/08/nhtsa_tesla_autopilot/
[16] https://whitepapers.theregister.com/
Re: If false advertising was enough to stop products being sold...
You say that like this is a bad thing!
Re: If false advertising was enough to stop products being sold...
One of them would be good, the other wouldn't.
Re: If false advertising was enough to stop products being sold...
US/state law allows some level of "false" advertising, just not on material facts.
Re: If false advertising was enough to stop products being sold...
When, the false advertising is about software and its capabilities;
do the lies surmount to falsehoods with regards to material facts?
Software is immaterial, after all.
-> Mine's the one with all the software of the whole world in it. You wouldn't notice it though.
Re: If false advertising was enough to stop products being sold...
Then we'd either end up with no advertising
Adverts can exaggerate, adverts can use hyperbole, adverts can suggest. But outright lies are a step too far.
However this case does not just cover "adverts" but public statements by it's chairman and that is a very different matter.
"Autopilot is proving to be a headache for Tesla"
Good.
Enough with the bullshit already. Politicians lie their asses off and none of them land in jail for it.
It is high time a liar was sent to jail, especially when his lies have actually killed people.
Fake it til you make it, or get sued into oblivion
-> Mine's the one with the Dice of Legal Fate, in the pocket. Now, let's hope to roll two sixes for a positive outcome in court.
You're supposed to underpromise and overdeliver...
... not the other way around.
Re: You're supposed to underpromise and overdeliver...
and that's why the rest of us aren't in line for a 56 beeeellion payoff
If false advertising was enough to stop products being sold...
Then we'd either end up with no advertising, or nothing being sold.