[HN Gopher] Tesla committed fraud by "grossly" exaggerating EV r...
       ___________________________________________________________________
        
       Tesla committed fraud by "grossly" exaggerating EV range, class
       action says
        
       Author : loaph
       Score  : 129 points
       Date   : 2023-08-03 18:08 UTC (4 hours ago)
        
 (HTM) web link (arstechnica.com)
 (TXT) w3m dump (arstechnica.com)
        
       | petedrexel wrote:
       | The same is happening with inflation. Corps are grossly
       | overstating the 'effects' of inflation when in reality they are
       | price gouging simply because they can.
        
       | kneel wrote:
       | You can get close to EPA estimate if you drive the speed limit
       | and avoid aggressive acceleration, something that almost no one
       | does.
        
         | bryanlarsen wrote:
         | The EPA estimate is for 55mph driving in optimal conditions,
         | and is fairly accurate in my experience.
         | 
         | It's very easy to exceed EPA estimates in the city. The optimal
         | speed to drive a Tesla is about 15mph. At that speed a Tesla
         | will exceed EPA range by about 20%.
        
           | asynchronous wrote:
           | I saw a YouTube video where some guys "maximalised" the range
           | to see how far they could go on one charge, and by reducing
           | weight and disabling cabin AC and going under 25 mph were
           | able to travel I think over 600 miles. Good to know in a
           | pinch.
        
             | MBCook wrote:
             | Honestly the cabin AC makes very little difference.
             | 
             | You're right though, that's how you set world records. If
             | you drive an EV at like 10 mph you could go a pretty insane
             | distance. But no normal person would ever do that.
        
               | secabeen wrote:
               | Cabin AC doesn't, but Cabin heat can in older vehicles
               | with resistive heating. Heat Pump heating in newer Teslas
               | is in the middle.
        
               | MBCook wrote:
               | Absolutely. Resistive heating is less than the motors
               | doing work, but is easily noticeable compared to AC.
        
       | lewisgodowski wrote:
       | Anecdata, but a few weeks ago I drove from LA to SF in my 2018
       | Model 3 (long range, single motor). It has a 75 kWh battery pack,
       | my drive was 417 miles, and I drove 70 mph for probably 90-95% of
       | the trip. I used a total of 95 kWh, which equates to ~329 miles
       | on a full charge (100-0%). My efficiency was 226 Wh/mi.
       | 
       | There are absolutely other times when I'll get substantially less
       | range, but it's understandably when I'm driving faster of more
       | aggressive, or it's colder outside, or it's primarily uphill, or
       | there's a strong headwind, etc.
       | 
       | There are a lot of different factors that can affect a car's
       | range (regardless if it's an EV or ICE), and it seems like Tesla
       | has decided to show the EPA range on the dashboard because
       | there's no way they could magically know where you're driving if
       | it's not entered in the navigation system. Once you start
       | navigation however, it's able to factor in all these
       | externalities and give a very accurate estimate. On the first leg
       | of the above trip, I arrived to charge within 3% of Tesla's
       | estimate.
        
         | abduhl wrote:
         | My iPhone can send me alerts that I'm going to be late to work
         | based on its tracking of my daily commute and you're telling me
         | that a machine that is constantly connected to a GPS network,
         | sending data back to home base, and (almost?) capable of
         | driving itself has "no way" of "magically knowing where you're
         | driving" unless you tell it?
         | 
         | If only they could use some of that data and processing power
         | to back out someone's standard commute, driving behavior, and
         | local temperature.
        
           | addisonl wrote:
           | On top of that, my car can remember the MPGs I got for the
           | last tank (and every tank before that) and estimates my range
           | off of that. Apparently that's "magic" according to the
           | comment you replied to. Tesla apologists always have some
           | excuse.
        
           | bryanlarsen wrote:
           | That's exactly what the Tesla does. When I get into the car
           | at 8AM, the car assumes I want to drive to my partner's
           | workplace, and gives me directions to get there, taking into
           | account current traffic and weather conditions, and a
           | reliable estimate of what the battery will be when I get
           | there.
        
         | Rebelgecko wrote:
         | Shouldn't the car know the current temperature (or at least the
         | battery temperature), whether or not the AC is on, etc? Other
         | EVs take those into account regardless of whether or not
         | something is plugged into navigation.
        
           | jondwillis wrote:
           | Personally I just toggle to only show the percentage and
           | ignore the battery range estimate. When on longer trips, the
           | nav estimate is usually spot on, or at worst a couple of %
           | off due to my not-predictable driving behavior.
        
       | [deleted]
        
       | goalonetwo wrote:
       | I always found it interesting that almost every EV in real-life
       | _exceeds_ their EPA range, while Tesla in real-life cannot even
       | get close.
       | 
       | I would not be surprised that Tesla over-optimized everything
       | with the EPA test as an utility function. (reminds anyone of the
       | VW scandal?)
       | 
       | https://insideevs.com/reviews/443791/ev-range-test-results/
        
       | HappySweeney wrote:
       | I almost bought one about 5 years ago, and I'm glad I didn't. If
       | I had, I would be upset if I wasn't able to simply return the car
       | for a full refund, subscription features included, instead of
       | what, $50? in any class action payout.
        
         | adolph wrote:
         | The class action payout will be more substantial than $50.
         | Think something very valuable like an entire year of credit
         | monitoring or $500 off your next purchase of a qualified Tesla
         | automobile _.                 * Some restrictions apply; not
         | valid in CA, MT, AK; must take delivery of existing stock; not
         | valid with other rebates and discounts; value of coupon
         | reported as income to IRS....
         | 
         | _
        
           | edgyquant wrote:
           | Why would I want a new Tesla if they burned me on my last
           | purchase of one? That does not sound like a good outcome nor
           | one that punishes Tesla in anyway
        
       | heattemp99 wrote:
       | The biggest fail IMO is that if you use this range constantly,
       | you'll basically degrade the battery heavily. These top ranges
       | require a full 100% charge (bad for the battery) and a pretty low
       | level of discharge (bad for any weak cells in the pack). So yes
       | in a special case you have that range. Using it often will cause
       | faster battery pack degradation.
       | 
       | My Chevy Volt has a 15kwh pack, and only lets you use 10kwh. The
       | bottom 2 and the top 2 are never accessible. Which means the
       | batteries are never depleted, and never fully charged. I bought
       | it knowing I have 10kwh to use around town or on trips (afterward
       | the gas engine turns on). I use those 10kwh every single day, for
       | all 177k miles of the cars life so far. I still get the same
       | 10.3kwh I got on day one I made my purchase decision based on.
       | 
       | Tesla should advertise their packs the same way, explaining that
       | the outlier 10kw are for emergencies too.
        
         | yreg wrote:
         | Full 100% charge is _good_ for the LFP batteries which have
         | been standard in Model 3 and Model Y since 2021.
         | 
         | Indeed, Tesla recommends to charge to 100% at least once per
         | week.
         | 
         | https://insideevs.com/news/557527/tesla-model3-lfp-charging-...
         | 
         | edit: read response below
        
           | TheRealSteel wrote:
           | As far as I know this isn't true, LFP batteries degrade more
           | when charged to 100% than if they're charged to less, but the
           | remaining charge can't be estimated accurately unless you do:
           | 
           | https://www.torquenews.com/15475/battery-charging-
           | behavior-t...
           | 
           | https://www.reddit.com/r/TeslaModel3/comments/yh5ts5/m3_lfp_.
           | ..
           | 
           | (They still degrade much less than the other kind of battery
           | Tesla uses, however).
        
             | yreg wrote:
             | Interesting, it seems they want people to charge to 100% so
             | they can precisely estimate the state of charge on the
             | road. Still, as you say it doesn't seem LFPs get degraded
             | that much when sitting at full charge.
             | 
             | https://www.autoevolution.com/news/the-puzzling-reason-
             | why-t...
        
         | m463 wrote:
         | I think you could use the range and if the battery fails within
         | the 8 year warranty they should give you a new one.
         | 
         | Many consumer goods work like this. Lots of cheap power tools
         | are sold with the understanding that the consumer will use them
         | a few times and no claims will be made during the warranty
         | period. Many (most?) gym memberships are sold with the
         | understanding that many clients will come a few times, then
         | never return.
        
           | Night_Thastus wrote:
           | EV batteries are very expensive both to produce and to
           | install.
           | 
           | No sane company wants to deal with the possibility of paying
           | for battery replacement if they don't absolutely have to.
           | 
           | Using the "whole battery" at the expense of its lifespan is
           | not only worse for manufacturers, but it's worse for the
           | environment as well. I think responsible charging and usage
           | is critical for current battery technology.
        
       | itsoktocry wrote:
       | Lots of people here missing a part of the issue: Tesla receives
       | carbon credits based on the range of the vehicle. If that range
       | was exaggerated, they defrauded the government.
        
         | TheAlchemist wrote:
         | That's interesting ! Could you elaborate please ? Or give some
         | links relevant to how the carbon credits are calculated.
        
         | s1artibartfast wrote:
         | Are carbon credits based on the EPA certified range or Real
         | World Range accounting for aggressive driving? I'm skeptical
         | that it would be the second
        
       | 40four wrote:
       | This isn't the title of the article, please follow the guidelines
       | :) No need to editorialize.
        
       | Analemma_ wrote:
       | Tesla's display shows the EPA range. While this is probably a bad
       | idea and that's why no other manufacturer does it, "nobody else
       | does it" is nothing but an informal standard and it seems a bit
       | awkward to claim the approved government standard, in use at
       | government agencies, is so obviously wrong that it constitutes
       | fraud.
        
         | MBCook wrote:
         | Clearly Tesla knew the EPA range isn't what customers commonly
         | got in the real world. They're famous for all their telematics.
         | 
         | If an example car can achieve 700 miles on the EPA test, but
         | normal usage averages 150, is it fraud to advertise 700? To
         | show 700 on the screen at full charge?
         | 
         | I agree it's an interesting question. If the difference was 5%
         | I'm not sure people would care. But at 25% off I think it is a
         | very a fair question.
         | 
         | Porsche reportedly tends to outperform its EPA number
         | significantly. They chose to lower it (a choice automakers
         | have) to provide a more realistic picture given their customers
         | seem more likely to use the performance at the cost of raw
         | range.
        
           | jncfhnb wrote:
           | I mean... no, it's not fraud.
           | 
           | I feel like your example uses numbers that are so aggressive
           | one has suspect that they are not real. I don't have a stake
           | in this or knowledge beyond a quick Google but the EPA test
           | does not look obviously flawed.
           | 
           | The more pertinent question to me would be whether the Tesla
           | range can genuinely achieve those EPA numbers with a typical
           | car.
        
             | freerobby wrote:
             | I'm able to beat rated range pretty easily on my '15 Model
             | S on local roads. It's tough once I get on highways and
             | exceed 65MPH. EPA is 290 Wh/mi. I typically get 330-350 on
             | highways, going about 75 MPH, without the OEM low rolling
             | resistance tires, and with roof bars and a bike rack on top
             | (but no bike).
        
           | mensetmanusman wrote:
           | That's on the regulators to define a metric, lest EVs compete
           | on made up numbers. EVs are so new of course that
           | organizations are still figuring this out globally.
        
             | mrguyorama wrote:
             | But Tesla is using that metric in a place most normally
             | don't, and they are doing that purposely as elsewhere they
             | use an in house estimation like everyone else.
             | 
             | No gasoline car uses the EPA fuel economy to do it's range
             | estimation, EVEN WHEN IT WOULD BE BETTER FOR THEM TO DO SO,
             | because it's wrong enough often enough to make a range
             | estimation using it lose significant value.
             | 
             | Tesla has made a choice to stray from normal industry
             | practice. If they have done so in an attempt to sway
             | customers with the incorrect numbers, that should be
             | considered fraud. That's pretty damn difficult to prove as
             | a crime, but not hard to make likely in a civil case.
        
               | freerobby wrote:
               | I think the suit is just referencing the rated range
               | meter. The trip planner (which is what predicts how much
               | battery you need to get to your destination) uses real
               | world conditions, not rated range.
        
           | 7speter wrote:
           | Most, if any, cars don't get close to their epa fuel economy
           | numbers under "normal" conditions.
        
             | kube-system wrote:
             | I usually hit the EPA numbers on any car I've owned, when I
             | drive the way people are supposed to drive. Although as
             | horsepower and vehicle handling has drastically improved
             | over the past 30 years, "normal" driving seems to have
             | changed a bit.
        
           | kjksf wrote:
           | When you look at web page of Tesla (or any other EV
           | manufacturer), when they describe the range it's always "est.
           | EPA range".
           | 
           | This is 100% truth. It is an estimated EPA range.
           | 
           | What's more it's often actually measured by an EPA. The
           | Reuters article that spurred this lawsuit said that EPA, not
           | Tesla, tested 6 Tesla cars since 2020. That's at least half
           | of them (Tesla has only 3 + 3 + 2 + 2 = 10 different models
           | on sale in U.S. although they have to re-certify if they
           | change the battery).
        
         | rubyn00bie wrote:
         | This take is a bit weird to me. It's like saying because other
         | companies aren't lying that Tesla should be excused from lying.
         | It sounds like Tesla has been displaying this number in car
         | regardless of the accuracy; and in my opinion leaned into
         | lying. From the article:
         | 
         | > The complaint cited testing that found three Tesla models
         | fell short of their advertised ranges by an average of 26
         | percent. In addition to alleging false advertising, the lawsuit
         | said that range estimates provided by Tesla vehicles during car
         | trips fail to account for temperature and other factors that
         | reduce range.
         | 
         | I've heard people on HN talk about this saying there are two
         | separate values the car shows you and one is wildly and
         | consistently wrong. The one that's wrong, by the sounds of it
         | aligns with their marketing materials.
         | 
         | I won't buy a Tesla, but to me, their advantage is range. Right
         | now their only competitors in range are more expensive (though
         | quite a bit nicer imho). I imagine if I had bought a Tesla and
         | the range wasn't as good as it should be, I would be quite
         | pissed...
        
           | brandonagr2 wrote:
           | You can buy a Tesla, run the EPA test cycle, and get the
           | exact same numbers.
           | 
           | You will get less than "the range" if you drive 90mph on the
           | highway until the battery is depleted. Where is Tesla lying
           | anywhere in there? The consumer was just ignorant of what the
           | EPA rated range means.
        
           | bdamm wrote:
           | Right, and the one that is accurate is what you get when you
           | put in a destination. The car can't tell you how far you can
           | go if it doesn't know where you are going, because of all
           | these factors (altitude gain, direction of wind, speed limits
           | on the various roads involved, etc) which have a very
           | significant effect on the range.
           | 
           | The idea of a single value for "range" is fundamentally
           | flawed. Is it Tesla's fault that people don't understand
           | basic physics?
        
             | mrguyorama wrote:
             | Every single other car ever made with a range estimation
             | functionality uses past data to estimate your range. For
             | like a decade Toyota had this on nearly every vehicle
             | despite none of them having GPS integration, and nearly all
             | of them were accurate enough to rely on.
             | 
             | You are bending over backwards to come up with an excuse
             | for Tesla, when they quite clearly made a choice to either
             | be lazy or misleading.
             | 
             | When my gasoline car says "You have 12 miles left", I KNOW
             | I can drive 12 miles minimum, as long as it isn't at wide
             | open throttle. The car has mountains of data at it's
             | disposal, but in reality this technique has been used ever
             | since a car could figure out how much gas was flowing into
             | the injectors. The assumption is that how you have driven
             | for the past ten minutes is a reliable indicator for how
             | you will drive over the next ten minutes, and for most ten
             | minute periods that is an accurate assumption.
        
             | jcranmer wrote:
             | > The car can't tell you how far you can go if it doesn't
             | know where you are going
             | 
             | But the car can use your recent driving experience to get a
             | good estimate. After all, if you've spent the past 10
             | minutes driving at 70 mph into a strong headwind, there's a
             | decent chance that your next hour will be spent doing that.
             | (Although this does get amusing on I-68 where my range
             | estimates are markedly different after cresting the hill
             | versus bottoming out in the valleys).
             | 
             | Sure, it's not the _best_ estimate possible. But it 's
             | trivial to implement "assume recent past", and it's a far
             | better estimate than "synthetic estimate that relies on a
             | weighted average of two very different driving conditions."
        
               | bryanlarsen wrote:
               | According to the article, that sounds like what they do.
               | When the battery hits 50% they switch to estimating the
               | range based on your driving on the top of the battery.
        
             | brigade wrote:
             | Gas cars have had destination-less range estimates for
             | decades, and as far as I know have _never_ based it off of
             | EPA fuel economy. Instead, they use the car's own recent
             | fuel economy.
             | 
             | Which concept more useful for drivers, the concept of
             | remaining range if you keep driving the way you've been
             | driving, or "how many miles the car can get in the EPA test
             | cycle"?
        
             | Y_Y wrote:
             | Does your Tesla really account for the wind along your
             | route?
        
               | bdamm wrote:
               | Yes.
        
           | mjparrott wrote:
           | The government agency is at fault here not Tesla. They need
           | to come up with a better test.
        
             | maxerickson wrote:
             | No, the EPA test is designed to produce a characteristic
             | value that is useful for comparing between vehicles, it's
             | not designed to produce an algorithm that takes the state
             | of charge of the battery and recent energy demand and
             | produces an estimated remaining driving range.
             | 
             | And it's good that it's designed to produce a
             | characteristic value that is useful for comparison.
        
         | [deleted]
        
         | jtbayly wrote:
         | My memory from the first article I saw on this is that Tesla
         | convinced the EPA to _not_ use the EPA 's measurement, and
         | instead to trust Tesla's "measurement."
        
         | jackmott42 wrote:
         | Tesla display that but also displays highly accurate estimates
         | of any trip you plan. To me the real party at fault with EV
         | range in the USA is the EPA, which combines city and highway
         | range in a single number, which inflates the highway number.
         | Every EV that is sold advertises this inflated EPA number.
         | Nobody cares about city range, just publish highway range, or
         | both, like we do with gas cars.
        
           | MBCook wrote:
           | There are two tests you can run for the EPA. What I've heard
           | is one favors EVs more and only Tesla uses those numbers for
           | their EVs.
           | 
           | I agree the test needs a redesign. No one drives 55, and
           | speed has a big impact on EVs due to wind resistance.
        
             | CameronNemo wrote:
             | Pretty sad that we can't just drive 55 on highways. Not
             | even trucks that are towing will drive 55 always.
        
               | [deleted]
        
               | CamperBob2 wrote:
               | You can. Just do it in the right lane, please.
        
               | gnicholas wrote:
               | Seems OK at first glance, but if you're in a 65 then the
               | trucks (in the right lane) will want to go 65+. Going 55
               | in the right lane means they all need to pass you, which
               | causes a domino effect onto the other lanes of traffic.
               | If you're on a 4-lane highway (2 in each direction),
               | going 55 means that trucks that pass you will have to go
               | in the fast lane.
               | 
               | If there aren't a lot of trucks around, then going 55 in
               | the right lane has less of an impact on other drivers.
               | But if there are many trucks (which there usually are,
               | IME), then going 10 MPH under the limit will cause a lot
               | of headaches for all the other drivers around you.
        
               | MBCook wrote:
               | And that's 65. I've been in places where the speed limit
               | is 70 but people usually go 75-80.
               | 
               | That's 20-25mph faster than you. At that point you're
               | practically impeding traffic, and having a big truck pass
               | you is terrifying.
               | 
               | Just because you can legally drive 55 or maybe even less
               | doesn't make it safe.
        
               | yurishimo wrote:
               | Why do people need to drive slow? Sometimes you gotta get
               | somewhere. If they are willing to pay the premium to
               | driver faster and follow the law while doing so, what's
               | the harm?
        
               | CameronNemo wrote:
               | They are not willing to pay the premium, though.
               | 
               | Tell me when highways, bridges, and streets are not paid
               | by gas taxes -- you won't.
               | 
               | Tell me when I can trade money for reliably sequestered
               | CO2 -- you can't.
               | 
               | edit: I didn't downvote them btw
        
               | yurishimo wrote:
               | So you downvote me because you are refusing to engage in
               | the "we live in a society" meme?
               | 
               | We've decided collectively how to fund infrastructure and
               | engage in climate action as a society. If you don't like
               | it, feel free to lobby your neighbors and representatives
               | to change the law.
        
               | [deleted]
        
               | sdfignaionio wrote:
               | I think you know why: efficiency and safety. Driving fast
               | greatly increases fuel consumption and wear on tires. It
               | makes crashes more likely and more serious.
               | 
               | Why do people need to drive fast? The gains are minimal
               | even if you stay exclusively on a lightly-trafficked
               | freeway. In more realistic scenarios, the gains are
               | almost nothing. You'll just be the first one to the light
               | or traffic jam.
        
           | sdfignaionio wrote:
           | There are two important things you're missing:
           | 
           | 1. Tesla's estimates are not "highly accurate". They are
           | alleged to use a deliberately optimistic estimate when the
           | battery is near full, then gradually switch to a more
           | realistic estimate as the battery drains. In particular they
           | are alleged to incorrectly account for the weather. This
           | means the car will always display nearly the advertised
           | number at full charge (and on a test drive). Supposedly Tesla
           | _used_ to use a more accurate estimate but then got orders
           | from on high to fudge the numbers.
           | 
           | 2. For other car manufacturers, the range estimates are not
           | terribly inflated. The report from Edmunds claim that most EV
           | models meet or exceed their range estimates, and cars that
           | miss their estimates don't miss by anywhere near as much as
           | Teslas.
        
             | brandonagr2 wrote:
             | One important thing you are missing, there are two
             | different estimates being referred to. The "miles
             | remaining" display on the battery charge gauge (which can
             | be toggled to show percentage instead) and the trip planner
             | / navigation estimate. The trip planner is very accurate,
             | you can view a burn down charge of realtime estimate as it
             | changes while you drive and it says what component
             | contributed what % to deviate from the initial estimate.
             | The "miles remaining" display is an imaginary number that
             | is only meaningful if you are driving the same highway mix
             | as the EPA test in the same climate conditions
        
             | lsaferite wrote:
             | I know we are talking about EVs here, but my ICE has an
             | estimated range display and _it_ isn't super accurate _and_
             | it doesn't take potential weather (or other factors like
             | elevation) into account either. Why would you expect it to
             | factor in _potential_ weather when giving a range estimate?
        
               | sdfignaionio wrote:
               | Allegedly,
               | 
               | 1. Other companies have more accurate estimates than
               | Tesla.
               | 
               | 2. Tesla uses a different and more accurate algorithm
               | when charge is low.
               | 
               | 3. Tesla's estimates used to be more accurate.
               | 
               | It doesn't make sense to argue the problem is intractable
               | when it has supposedly been solved by many companies,
               | _including Tesla itself_.
               | 
               | >Why would you expect it to factor in _potential_ weather
               | when giving a range estimate?
               | 
               | I wouldn't expect that. The cars have thermometers.
        
               | maxerickson wrote:
               | It's not the potential weather, the one mode for the
               | range estimator apparently isn't taking the current
               | ambient conditions into account. So it's not factoring in
               | the likely load from the heat or AC when it's cold or hot
               | and they need to run to keep the vehicle comfortable.
        
           | TheRealSteel wrote:
           | How can you say nobody cares about city range? That's all I
           | care about.
        
             | sdfignaionio wrote:
             | People don't generally drive 200 miles in the city in one
             | stretch.
        
             | nsenifty wrote:
             | Because people don't tend to drive non-stop for hundreds of
             | miles at cities (except perhaps taxis)? You also always
             | have a charger nearby.
        
         | DannyBee wrote:
         | The lawsuit claims this is false, and that for the first 50% of
         | the range, they use a rosy algorithm, then a more realistic
         | one.
         | 
         | At least, at some point.
         | 
         | I'll try to get the filing and paste from it, give me a few.
         | 
         | It's "Porter et al v. Tesla, Inc.", in case someone beats me to
         | it.
        
       | bdcravens wrote:
       | My EV6 shows me a range that seems to be based on recent driving.
       | When I've been conservative, the range is high; when I've been
       | driving sportily, the opposite. Does Tesla do the same?
        
         | bdamm wrote:
         | It does, but only once you put a destination into the
         | navigator. At that point, the car will tell you how much power
         | remains at the end of the trip (and for a return trip) and that
         | number in my experience is always highly accurate.
        
       | Sodman wrote:
       | The issue is that the number displayed on the dash can be toggled
       | between "% battery remaining" or "miles remaining". The "Miles
       | remaining" is actually "EPA rated miles x % battery remaining",
       | and NOT "miles remaining based on last 10 miles driven, or
       | current navigation destination".
       | 
       | If they removed the 'Miles remaining' number and only showed a
       | percentage, you would end up having to do the exact same
       | conversion in your head anyways. "Oh I have 43% remaining of my
       | 330 mile battery, how much is that?" so this is really just a
       | quick shortcut.
       | 
       | Tesla has a separate screen with very clear range estimates that
       | the user can toggle (based on last n miles or based on current
       | exact 'instant' reading). In addition, when navigating to a
       | destination, the nav tells you the estimated battery % on
       | arrival, which is also based on current driving and is generally
       | quite accurate. In addition, it will tell you during & after the
       | trip exactly why the estimated and actual range differed. Eg
       | "0.5% extra battery used due to a 5.6mph headwind, 2% extra
       | battery used by driving over 70mph", etc.
       | 
       | Having a count-down 'Miles remaining' on the dashboard doesn't
       | always make sense, particularly when you haven't entered a
       | destination, or if you're switching between highways and back
       | rounds a bunch. Either way, it's never going to _actually_ be
       | accurate down to the last mile. In reality, you just have to know
       | that the miles on the dashboard are  "EPA miles", meaning if
       | you're driving on a flat surface in good conditions at ~55mph,
       | that's what you'll get. If you change your speed, or conditions
       | get worse, you know you'll need to adjust it in your head (or use
       | the dedicated in-car screen to automatically figure it out for
       | you!).
        
         | GuB-42 wrote:
         | I don't know how it is done with EVs but my gas car usually
         | underestimates my range despite me burning more fuel than
         | what's written on the brochure.
         | 
         | It is common sense to take conservative estimates when you are
         | missing data. The range indicator on the dashboard is a "will I
         | make it" indicator. To help me decide if I need to plan a
         | refuel/recharge. I don't want a best case scenario, not even an
         | average, I want something like a 90 percentile.
         | 
         | In good conditions, the "enhanced" estimate (with nav) should
         | be more than the baseline, as some of conservative estimates
         | can now be replaced with more accurate data.
         | 
         | Good thing Tesla is not doing airplanes.
        
       | xracy wrote:
       | So, I will say that this has negatively impacted me, and I have
       | since sold my Tesla, and consider this to be a bad business
       | practice that they should get fined a lot for, and probably just
       | stop doing this immediately...
       | 
       | That being said, in the closest thing I will ever muster to a
       | defense of Tesla... I think the thing that the articles might be
       | missing on this, is this: Would people have adopted electric cars
       | that work for them in all of their usecases, if Tesla hadn't lied
       | about range to alleviate fears of range anxiety?
       | 
       | People overly sample issues with electric cars based on how far
       | they can go, without ever acknowledging the part about them not
       | actually needing the full range of the car. And Teslas still work
       | for the majority of long drives as well, just with more frequent
       | stops than they should have.
        
       | Geee wrote:
       | It should probably show "range-range", i.e the range of minimum
       | and maximum range with the current battery status. For example:
       | "100-300 miles", rather than "300 miles" which it currently does.
        
       | constantcrying wrote:
       | Seems like a pretty weak claim to be honest. I think it is pretty
       | obvious that maximum range refers to maxium range under ideal
       | conditions and that using more eletronics in the car reduces the
       | range.
       | 
       | Porsche isn't lying about their max speed either, just because
       | you can't reach it with 300kg of load and bad weather.
        
         | Cpoll wrote:
         | These claims are always ambiguous, but there are reasonable
         | limits. Every car has a 0-60 of 3 seconds -- if it's falling
         | off a cliff.
        
         | Lendal wrote:
         | Yeah, I've got no problem with the range on my Tesla. It's not
         | difficult to achieve. Tesla gives you all the software tools
         | you need to achieve it onboard. No, it's not the way most
         | people would want to drive their car regularly, but it's
         | definitely achievable if you're really in a pinch such as when
         | we were driving through South Dakota in bad weather, very far
         | from the next charger. It wasn't fun but we did make it,
         | driving very carefully and doing exactly what the car said to
         | do.
         | 
         | That's not to say there aren't other class actions that ought
         | to be considered, such as the whole FSD debacle. Now that is
         | one I would definitely join.
        
         | jackmott42 wrote:
         | No, the indicated range is no maximum range under ideal
         | conditions! Its just a mix of city and highway driving, which
         | is better than pure highway driving.
         | 
         | If you did ONLY low speed city driving you would do even
         | better!
        
         | darth_avocado wrote:
         | I think it's a disingenuous to use this argument. Even if you
         | drive at 25mph on a flat road on a day with moderate
         | temperatures and no wind, Tesla's range drops quite a lot more
         | than a mile for every mile driven. Like yeah, if you're using
         | air conditioning and driving at 70 mph, it makes sense your
         | range will drop more. The problem is that they're pretending
         | under ideal conditions, you can achieve that max range, but
         | ideal conditions would literally require you to turn its
         | computer off, which would not be possible to do as a consumer.
        
           | bryanlarsen wrote:
           | In my experience, a Tesla driven at 30km/h will exceed its
           | EPA range by about 20%.
        
             | mrguyorama wrote:
             | data from 3300 drivers from the very article we are
             | discussing disagrees with your single anecdote.
        
               | kjksf wrote:
               | It's not an anecdote, it's physics.
               | 
               | EPA created a repeatable test where the car runs at a
               | certain speeds, most likely without wind resistance.
               | 
               | If you drive faster, the car will use more energy per
               | mile therefore will have lower range than the EPA
               | estimate.
               | 
               | If you drive slower, they car will use less energy per
               | mile therefore will have higher range than the EPA
               | estimate.
               | 
               | If there's head or side wind, the car will use more
               | energy => lower range.
               | 
               | Someone drove Model 3 for 606 miles, at extremely low
               | speeds:
               | https://www.theverge.com/2018/5/29/17405906/tesla-
               | model-3-hy...
        
               | abduhl wrote:
               | And yet, data from 3300 drivers disagrees with your
               | physics. What's more likely: the data is wrong or the
               | model is flawed?
        
               | bryanlarsen wrote:
               | 3300 drivers did 30km/h tests?
        
               | bryanlarsen wrote:
               | Are you looking at a different article? In my reading of
               | the linked article there are three anecdotes of ~200 mile
               | trips, most assuredly not done at 30km/h.
        
           | bdamm wrote:
           | You're talking about hypermiling, and that isn't the
           | condition under which the Tesla EPA ratings are achieved. I
           | have done hypermiling from time to time (and Tesla's
           | navigation will request you do it if your range runs low) and
           | you can indeed get better results than the EPA rated figure.
        
         | MBCook wrote:
         | Basically every other EV tries to give a realistic range based
         | on the temperate and your driving habits.
         | 
         | Teslas appear to always show the EPA range at full and it
         | sounds like they stay very optimistic for quite a long time,
         | giving drivers a very unrealistic picture.
         | 
         | That's lying to the customer. They're not trying to be useful
         | but to look good.
         | 
         | And in every EV range comparison I've ever seen, teslas are the
         | ones that can't meet their claimed range by a fair margin.
         | Other brands are almost always close to accurate or in some
         | cases do noticeably better than claimed.
         | 
         | Only Tesla does this.
        
           | m463 wrote:
           | tesla has two settings for range calculations, I forget what
           | they were, but it was like realistic and ideal or similar.
           | 
           | EDIT: wait, I don't see it. I think there was a setting in
           | older software?
           | 
           | I swear there was a range calculation setting that was like
           | "average" and "ideal"
        
           | constantcrying wrote:
           | >Only Tesla does this.
           | 
           | The question is if it is illegal.
           | 
           | I agree that reporting a maximum possible range is
           | meaningless and might be misleading. But it is still a
           | truthful metric making it a quite dubious legal claim.
           | 
           | >other EV tries to give a realistic range based on the
           | temperate and your driving habits.
           | 
           | What I saw was specifying the test conditions under which the
           | range was achieved and including disclaimers about possible
           | factors which can reduce the range. Certainly more honest.
        
           | ChrisClark wrote:
           | If you want the accurate range prediction, navigate to
           | somewhere, the prediction is always spot on to the percent.
           | Or view the energy screen, also extremely accurate. Just
           | don't depend on the EPA range, go with what the car
           | calculates when you navigate and you will never have an
           | issue.
        
             | mplewis wrote:
             | So the car only lies to you about its capabilities in some
             | contexts? That's reassuring.
        
               | brandonagr2 wrote:
               | The tiny battery gauge is just showing what % the charge
               | is, either in % or in % * epa range. There is no lie,
               | just showing you the state of your battery pack
               | currently. If you want to see what charge you will have
               | in the future taking into account your driving then you
               | navigate to your destination and the car makes a very
               | detailed estimate of state of charge in % at your
               | destination.
               | 
               | I leave my car showing battery as % all the time, because
               | the % * epa range number is meaningless
        
               | heattemp99 wrote:
               | The car is optimistic in general, if you drove at city
               | speeds on flat land. But if you tell it exactly where
               | you're going, it calculates based on the route required.
               | If you started at the top of a mountain pass, the more
               | accurate range would actually show MORE miles than the
               | general gauge. "Omg, Tesla is under promising range
               | now!!"
        
             | MBCook wrote:
             | All that says to me is the car knows how to calculate that,
             | which undermines Tesla's position in my mind. Otherwise
             | they'd use the EPA range everywhere.
        
           | lewisgodowski wrote:
           | > in every EV range comparison I've ever seen, teslas are the
           | ones that can't meet their claimed range by a fair margin.
           | Other brands are almost always close to accurate or in some
           | cases do noticeably better than claimed.
           | 
           | What's your source? Cause I don't think that's true... [1][2]
           | 
           | [1]https://youtu.be/fvwOa7TCd1E?t=2233
           | 
           | [2]https://youtu.be/xg6-Vc9CSwk?t=2589
        
           | Kirby64 wrote:
           | https://insideevs.com/reviews/443791/ev-range-test-results/
           | 
           | Take a look for yourself. EPA range vs a "real world" test is
           | all over the place depending on vendor, and even depending on
           | the car. Rivian, Kia, Nissan all have ranges that are under
           | by similar percentages as Tesla. Only Porsche seems to
           | heavily sandbag here.
        
             | tzs wrote:
             | I think what the person above you is talking about is not
             | EPA range vs "real world" range. It is "car's estimate of
             | remaining range before you have to recharge" and " real
             | world remaining range before you have to recharge".
             | 
             | E.g., suppose the EPA range is 300 miles, you started from
             | with a full charge, are 100 miles into your trip, and are
             | at 1/2 charge. If what others have said is correct by
             | default Tesla will estimate you have another 150 miles of
             | range left (EPA range of 300 x 1/2 charge), whereas many
             | others would say you have 100 miles of range left (you went
             | 100 miles so far on 50% charge so if nothing changes the
             | remaining 50% should give another 100).
        
         | dragontamer wrote:
         | https://arstechnica.com/tech-policy/2023/07/tesla-exaggerate...
         | 
         | Hypothetical Porsche didn't setup customer service teams to lie
         | to customers on a mass-scale when the complaints came in
         | though.
         | 
         | We have evidence of Tesla service-cancellation teams. We have
         | evidence of Tesla's software purposefully being inaccurate when
         | above 50% charge, and then slowly becoming more accurate when
         | reaching 50% or less charge.
         | 
         | This is literally and precisely, a conspiracy perpetrated by
         | Tesla and its executives to trick users into thinking Tesla
         | cars have more range than they truly do.
        
           | redserk wrote:
           | I've worked tech support at a couple of different
           | organizations early in my career. It does not seem at all
           | unusual to create a team dedicated to a particular class of
           | issue so other support staff can focus on a broader range of
           | issues.
        
             | m463 wrote:
             | In tech support parlance, this is called "setting
             | expectations".
             | 
             | unfortunately the expectations were already set by the pre-
             | sales marketing.
        
             | mrguyorama wrote:
             | This is an issue that tesla created on purpose though.
             | These people are confused that their car is not going as
             | far as THE RANGE DISPLAY shows they will go. Hundreds of
             | millions of cars have been made over the past twenty years
             | with range displays that you can trust to hit zero BEFORE
             | you run out of gas, due to estimating with recent driving
             | data, and probably a gentle bump down of the number to make
             | sure drivers have a safety net when they are stupid.
             | 
             | Has there ever been a single one of these systems
             | overestimating by tens of miles consistently and for nearly
             | every individual?
        
               | constantcrying wrote:
               | And what should Tesla do instead?
               | 
               | Putting a team together to tell customers their cars are
               | fine seems completly legal and not a conspiracy in any
               | way.
        
               | Nullabillity wrote:
               | Stop lying about their ranges in the first place...?
        
           | brandonagr2 wrote:
           | What lie to customers? A team to stop ignorant customers from
           | wasting everyone's time isn't a conspiracy, there was nothing
           | wrong with the car or performance, what would a service visit
           | achieve?
        
           | constantcrying wrote:
           | >lie to customers
           | 
           | Is that alleged? I saw only the support telling customers
           | that this is expected. "There is nothing wrong with your car,
           | don't bother comming. It is expected that sometimes your car
           | gets galf the range." is not a lie at all. It seems
           | absolutely truthful and in fact the total opposite of
           | exaggerating the range of the car.
           | 
           | >We have evidence of Tesla service-cancellation teams. We
           | have evidence of Tesla's software purposefully being
           | inaccurate when above 50% charge, and then slowly becoming
           | more accurate when reaching 50% or less charge.
           | 
           | The algorithm claim seems extremely weak. Unless you can get
           | some actual developer to testify that he was explicitly
           | ordered to build the algorithm to report a range which he
           | knew was impossible to reach or something similar, this seems
           | practically irrelevant.
           | 
           | The "service-cancellation teams" seem somewhat stranger. I
           | don't think cancelling a service appointment is damning in
           | any way, though.
        
             | therouwboat wrote:
             | >The algorithm claim seems extremely weak. Unless you can
             | get some actual developer to testify that he was explicitly
             | ordered to build the algorithm to report a range which he
             | knew was impossible to reach or something similar, this
             | seems practically irrelevant.
             | 
             | Of course he was ordered to build it that way, it's not
             | like some worker is just going to decide by himself.
        
               | constantcrying wrote:
               | >Of course he was ordered to build it that way
               | 
               | Zero evidence for that.
        
               | dragontamer wrote:
               | https://www.reuters.com/investigates/special-
               | report/tesla-ba...
               | 
               | > The directive to present the optimistic range estimates
               | came from Tesla Chief Executive Elon Musk, this person
               | said.
               | 
               | > "Elon wanted to show good range numbers when fully
               | charged," the person said, adding: "When you buy a car
               | off the lot seeing 350-mile, 400-mile range, it makes you
               | feel good."
               | 
               | -------
               | 
               | This is evidence, is it not?
        
               | constantcrying wrote:
               | Certainly not for anything illegal.
               | 
               | If you believe Musk on this the lawsuit is practically
               | pointless. Having an optimistic algorithm is not illegal
               | and even alledging that it somehow is seems absurd.
        
               | dragontamer wrote:
               | > If you believe Musk on this
               | 
               | Seriously, you shouldn't believe Musk with regards to
               | lawsuits.
               | 
               | If Musk knew anything about law, he wouldn't have been
               | forced to buy Twitter last year. The world was revealed
               | to how ignorant this guy is to the law.
               | 
               | -------------------
               | 
               | By the way, this is a civil case, not a criminal case.
               | "Illegal" is almost a non-sequitur.
               | 
               | https://www.law.cornell.edu/wex/fraud
               | 
               | > In civil litigation, allegations of fraud might be
               | based on a misrepresentation of fact that was either
               | intentional or negligent. For a statement to be an
               | intentional misrepresentation, the person who made it
               | must either have known the statement was false or been
               | reckless as to its truth. The speaker must have also
               | intended that the person to whom the statement was made
               | would rely on it. The hearer must then have reasonably
               | relied on the promise and also been harmed because of
               | that reliance.
               | 
               | All they have to do to successfully sue here is prove
               | that the other side was "misleading", and that they "knew
               | about being misleading" (intentional), or even the lower-
               | standard of recklessness (they didn't know they were
               | misleading, but they didn't do enough research to prove
               | their own statements true before telling customers).
               | 
               | Welcome to Civil Law. The standards are much lower than
               | criminal law. But its just money, so that makes sense.
        
               | abduhl wrote:
               | A tale of moving goalposts, as presented by
               | constantcrying:
               | 
               | "Unless you can get some actual developer to testify that
               | he was explicitly ordered to build the algorithm to
               | report a range which he knew was impossible to reach or
               | something similar, this seems practically irrelevant."
               | 
               | "Zero evidence for that."
               | 
               | When confronted with evidence that the algorithm was
               | specifically designed to show an unrealistic, misleading,
               | and apparently impossible to meet range based on orders
               | from the highest authority in Tesla:
               | 
               | "Certainly not [evidence] for anything illegal."
        
               | kjksf wrote:
               | Depends.
               | 
               | If the plaintiffs have a sworn, signed statement from the
               | person claiming that then it could be presented as
               | evidence during the trial, subject to cross-examination.
               | 
               | If all they have is the article it's hearsay i.e.
               | "evidence based not on a witness's personal knowledge but
               | on another's statement not made under oath"
               | 
               | Also known as: bupkis.
        
             | Nullabillity wrote:
             | > Is that alleged? I saw only the support telling customers
             | that this is expected. "There is nothing wrong with your
             | car, don't bother comming. It is expected that sometimes
             | your car gets galf the range." is not a lie at all. It
             | seems absolutely truthful and in fact the total opposite of
             | exaggerating the range of the car.
             | 
             | It demonstrates that their original range claim was a lie.
        
             | dragontamer wrote:
             | > Is that alleged?
             | 
             | The fuel-meter is absolutely lying to you at 50%+. And the
             | customer-service reps know it, and they even have trained
             | responses over this conspiracy.
        
               | constantcrying wrote:
               | No, this is about the claim that representatives told
               | customers that is normal, that their cars have lower
               | ranges than advertised.
               | 
               | The allegedy cospiracy would be that Tesla managment and
               | its employees were conspiring to quickly deal with
               | customer complaints. But what is actually _illegal_
               | there? Note that the representatives _were truthful_ when
               | they dismissed customers. Their cars were not broken.
        
               | dragontamer wrote:
               | Fraud is illegal. And all fraud is ... is just lying to a
               | degree enough that the courts care.
               | 
               | The more-and-more it is proven that your "just lying" is
               | a coordinated effort across your company, the more and
               | more it looks like fraud to ... well everybody.
        
               | constantcrying wrote:
               | But the suggestion that tesla was lying seems already far
               | fetched. If anything their adertising was misleading.
               | 
               | >The more-and-more it is proven that your "just lying" is
               | a coordinated effort across your company, the more and
               | more it looks like fraud to ... well everybody.
               | 
               | But there is zero evidence for this. There is no _lie_
               | here. At best there are misleading statememts about
               | performance.
        
               | Nullabillity wrote:
               | Intentionally misleading people.. is exactly the
               | definition of lying?
        
               | dragontamer wrote:
               | To be fair, "lying" isn't a legal term.
               | 
               | "Fraud" is a legal term, and "intentionally misleading
               | people" is the very definition of Fraud.
               | https://www.law.cornell.edu/wex/fraud
               | 
               | In fact, it seems like Fraud is still Fraud at the
               | reckless or negligent levels. No intent needed (though
               | I'm sure proving it at the "intent" level will get them
               | more of a case).
               | 
               | So... is this Fraud? Well, yes. It would be. But the next
               | step is for these plaintiffs to prove the fraud in court.
               | It seems like they have a strong argument though.
        
               | brandonagr2 wrote:
               | There is no fraud or misleading people. The EPA test
               | cycle is an official test, you can run the test and get
               | the same results yourself. It's not fraud that some dumb
               | consumers don't understand what an EPA range estimate
               | means
        
         | sdfignaionio wrote:
         | Bad example. Porsche's performance numbers are famously
         | conservative. Most reviewers easily exceed what is advertised.
         | 
         | Take the 911 GT3, a car I picked at random. Car and Driver
         | testing found the following:
         | 
         | >The GT3 offers both a seven-speed dual-clutch automatic
         | (a.k.a. PDK) or a six-speed manual. ... At our test track, the
         | automatic managed a 2.7-second 60-mph time while the six-speed
         | manual test vehicle snapped off an impressive 3.3-second run to
         | 60 mph.
         | 
         | https://www.caranddriver.com/porsche/911-gt3-gt3-rs
         | 
         | Porsche advertises 0-60 times of 3.2 seconds for the PDK and
         | 3.7 seconds for the manual. They undersold the car by 10-15%.
         | 
         | I'm more cynical than most, but it actually _isn 't_ normal to
         | over-promise and under-deliver to the extent Tesla does.
        
       | olliej wrote:
       | This one actually seems fair - literally the only reason I ever
       | considered Tesla was the range. The only reason I didn't buy any
       | other EV was because I was waiting for them to catch up to the
       | Tesla range. Turns out that advantage was a lie - I hope their
       | competitors also sue them.
        
         | brianwawok wrote:
         | https://www.edmunds.com/car-news/electric-car-range-and-cons...
         | 
         | It's pretty dang high on the list in actual real world tested
         | range.
        
           | vel0city wrote:
           | I had a friend buy a Model Y Long Range (EPA 326mi) over a
           | Mach E AWD Extended Range (EPA 270mi) mainly because the Y
           | supposedly had better advertised range (they were similarly
           | priced at the time). 56mi of range along with the big mental
           | idea of a bit over 300 or under 300.
           | 
           | In Edmonds testing the difference was really only 13mi.
           | Really not _that_ significant in the end.
        
             | brianwawok wrote:
             | The cars are just very different. MachE is a car with
             | batteries. Model Y is an iPhone with wheels. Trying to buy
             | for a single spec is a bit of crapshoot anyway.
             | 
             | I also suspect the range gap is more than 13 in winter, as
             | the model Y has more advanced heat pumps.
        
         | bryanlarsen wrote:
         | This suit isn't about the advertised range -- everybody
         | advertises the EPA's rated range. The way the range is
         | calculated does favour Teslas, but if you want that changed,
         | you'd have to sue the EPA, not Tesla.
        
           | mrguyorama wrote:
           | Tesla is the only one using that "EPA advertised range" as a
           | way of calculating your remaining range. Everyone else uses
           | the normal, ICE car way of monitoring current driving
           | behavior to get instantaneous efficiency, and rolling average
           | over time multiplied by remaining "fuel" in the tank.
           | 
           | Tesla is the only odd one out. Surely Tesla employees have
           | driven cars before right? Surely they should understand that.
        
       | duckkg5 wrote:
       | I'm selling mine and probably not buying any more Teslas. This is
       | exactly the kind of thing that makes it an easy decision.
        
         | brianwawok wrote:
         | [flagged]
        
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