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Tesla will be affected by the lawsuit claims thousands of owners of the lost capacity of the battery after the software update

SAN FRANCISCO (Reuters) – One of Tesla’s Inc., owner, has filed a lawsuit against the electric vehicle maker’s claims and the company is limited to the battery range of the older vehicles with a software update in order to avoid a costly recall to fix what plaintiffs allege are defective or faulty battery.

FILE PHOTO: a Tesla Model S drives at the electric car, the E-Rally, free wi-2019 at the latest, in the near Iecava, Latvia, lithuania, July 23, 2019. REUTERS/Ints Kalnins/File Photo

The lawsuit was filed on Wednesday in a Northern California federal court, alleges fraud and seeks class-action status, the potential for “thousands” of such a Model in the S and X owners around the world who have seen the coverage of the older-generation batteries is suddenly reduced, some by as much as 40 miles (64 km).

The loss of range has been a hot topic in online forums, such as the TeslaMotorsClub.com in a lot of property owners detailed information about their battery’s range has been decreased. Users are saying that Tesla has taken away the scope for which they have paid the extra money for the software update, which causes the depreciation of the vehicle, limiting the distance they can travel, and forcing them to have to charge it more often.

The plaintiff, and David Rasmussen, The 2014 Model S 85 loss of capacity of the battery is equal to about 8kWh, but was told by a Tesla, it is the loss of it was, the lawsuit says.

Tesla did not immediately respond on Thursday to requests for comment.

In May, after a Model S caught fire in Hong Kong, Tesla said, is that out of an abundance of caution, was made in the review of the cost and the thermal management settings on the Model S and X vehicles, using an over-the-air update. The aim was to ensure the continued protection of the battery, and the battery life will improve,” he said.

A month later, Tesla said that it is only a small group of property owners were affected by the reductions, and said that it was going to be an improvement in the impact of the software update as a warning that the charging behavior is based on a number of factors.

Some of the property owners who have seen their cars, not being able to charge up to 100% and have tried to get the story by way of arbitration, and at least three have sold of their cars, according to the Teslamotorsclub.com the forum posts. Other people who have a disability, and their Wi-Fi, in order to avoid any potential software updates that could have an impact on their children.

“Under the guise of ‘safety and security’, and to increase the life span of the battery of the Vehicle Class and Model to fraudulently manipulated the software, with the aim to ensure that the roles and legal obligations to its customers to fix, repair, or replacement of, the batteries of the Vehicles in the Class, and that’s all Tesla did was flawed, it has not yet notified its customers of the defect,” wrote the court.

In the lawsuit, referring to a recent spate of Tesla’s battery fires, and argues that, instead of informing the customers about a potential fire hazard, the company chose to go behind the backs of its customers, and the use of the software and updates, and the development of the battery, to avoid liability.”

In the vehicle safety Report that will be published on the website of Tesla says vehicle fires are “very special”, and from 2012 until the end of 2018, there was just the Rate of fire for each of the 170 million miles. It is compared with the data from the National Fire Protection Association and the U.S. Department of Transportation show that of a vehicle fire is, for each of the 19 million miles traveled in the United States of america. These are the entities to be measured to burn, in all cars, not just Teslas.

In May, Tesla said that the vehicles were 10 times more likely to experience a fire than a gasoline car. He said that in his research on Hong Kong’s heat, it was found that only a few of the battery modules and are taken by a majority of the battery was in perfect condition.

As a property owner, Nick Smith, of Orlando, fla., said in an interview that he was frustrated with the poor customer service Rate, slow response to phone calls and e-mails, and will be kept in the dark about the real source of the problem, and what is to be done in order to fix the problem.

“It’s like if you take your car to the shop, and you’ve got a 20 gallon tank, but now I have a 10 gallon tank without your knowledge or consent,” Smith said in an interview.

Smith was a 2013 Model S P85, it will not charge past 90%, after the software update. Tesla told him that the loss was due to normal-normal battery degradation, ” he said.

The battery in question is the transfer of an eight-year warranty.

Reporting by Alexandria Sage in San Francisco; Editing by Matthew Lewis

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