Thursday, April 10, 2014

Rebuttal to Tesla's Blog Post

April 10, 2014

Tesla Lemon Law suit

In Response to Tesla Blog:

In this case, Tesla ignored three lemon law demands from its customer. Tesla received the refund demands under Wisconsin’s Lemon Law on 11-25-13, 12-13-13 and 12-19-13.  All demands were sent by certified mail, delivered and verifiable on  Tesla erroneously states in its blog, “the customer did not make three demands for a buyback.”

Under the demands, Tesla was given 30 days to provide a refund. The vehicle was presented four times for the same nonconformity, and the vehicle was out of service for 66 days – 36 more than is allowed under the lemon law. Failure to provide a refund within the 30-day time period constitutes a violation of the Wisconsin lemon law.  Tesla did not provide the refund or respond in any way – no call, no letter, no blog post.

Service personal/auto mechanics do not have involvement in the decision to buy back a car.  That decision is made by the manufacturer – Tesla Motors, Inc.  In not responding to my client’s demand, Tesla’s decision was clear.  Tesla should not be “taken by surprise” with the suit, or claim it was “filed with no warning.”  The warning came last November.

Tesla may  “believe in lemon laws,” it just doesn’t know how they work.

Tesla takes the big corporation approach by attacking its customer, rather than addressing its own failures.  Diminish the person – make everything his fault. Blame your customer for problems that have “elusive origins.”  Or, allege foul play because a “fuse blew on three occasions,” and ”engineers were moved to consider the possibility that the fuse had been tampered with.”  Why not instead be moved to consider that Tesla has a problematic Model S that they just can’t fix?

It’s common on Tesla forums that door handles don’t work…that customers can’t get in their cars.  That is precisely that problem that has persisted in this case. Door handles not presenting is nothing new to Tesla.

My client filed a lawsuit against Tesla.  It remains obligated under the terms of the warranty to continue to repair defects with the Model S, not because of customer service, not because Tesla wants a happy customer, but because Tesla is required to by law.

I too find it “of interest” that more than one manufacturer rolls out a lemon now and then.  Just today Toyota recalled 6 Million vehicles, and in the past few months, GM recalled 5.1 Million.  Maybe tomorrow Tesla will buy back a lemon or two.

As a member of the “public” I appreciate your company taking the time to provide a Public Service Announcement that Lemon Laws can be “exploited by opportunistic lawyers.”

I too, have a Public Service Announcement: There are companies, great companies run by Billionaires, that force consumers to give up their Freedom of Speech and Right to Trial by Jury just for the opportunity to buy an electric car.

- Vince Megna


  1. This comment has been removed by the author.

  2. If you sent the letters through USPS - Don't be a pansy and not post the tracking numbers. Until you show us proof - You are just another corrupt and greasy lawyer.

    1. To add to that; You FAIL to mention why the fuses stopped blowing once the Tamper-Evident tape was added. Nor, why on earth the front trunk was opened immediately before the fuse blew. And your video? What a fucking joke - At least try to hide the back lights from showing up when you unlock the doors. This only shows you were unable to produce the same complications your client claims. You know what; 99.99% of the internet can see right through your "Evil Billionaires" technique. I truly hope Elon Musk doesn't put up with you and your client's Bullshit. Also - you aren't funny. Stop pretending on your videos.

  3. What happens with a company that is more focused on its own success than it's customer? It doesn't know how to deal with things when things go wrong. What if I told you I was lied to when sold a vehicle and placed a deposit for that vehicle that was promised wouldn't be driven to only have it driven for two weeks as service loaner. What if I told you same car after only a little over three months of ownership has had had 7 service calls, 12 days out for service, 22+ various repair issues and body/wheel damage inflicted while in for service which appeared to have been retouched to avoid detection. What if the $7500 tax credit all but virtually guaranteed to be a full federal refund turns out to be only a $400 credit on your tax return. They now modified language to state they add $7500 to price of vehicle on delivery given the phantom tax credit you will only receive if you owe the equivalent or more in taxes. Who ends up with the money if they are charging you but you aren't getting back from the Fed? Its a useless credit if you don't owe taxes - so valuable for only small percentage of people who defer/avoid their responsibility for paying taxes. What if I told you this was the $100k+ Tesla billed to be a trouble free car given fewer parts than most cars? Well it is. What I have learned is Tesla creates misleading messaging in sales, delivers a car differently than billed, and isn't equipped to deal with things when they go wrong, let alone not humble enough to deal resolve things with good will. If they want to become a world class company they will need to learn how to deal with things that go wrong versus focus and intoxicate themselves on their own success.

    1. You sir don't do your homework. Tesla only sells model S vehicles in 2 ways. The first is new from the factory, and the second is previously driven as a loaner. You would know if you did the prior because you would have signed up for it and configured the car you wanted, and it would be shipped to you. You clearly did the second.

      Secondly, Tesla doesn't do the law for the rebate. That is something that they can say the car qualifies for and that's it. You are required to do the research to see how much you can get out of it. It is really simple math. Any tax rebate works the same.

  4. Tamper evident tape was introduced and fuse stopped blowing, you might be one of those who is going out of their way to bad mouth the most innovative auto company the US has. There many industries are trembling at the idea that Tesla will be successful in bringing a no compromise affordable electric car to the masses. It's going to happen like it or not and there isn't much that can be done at this point the secret is out. This car beats a BMW M5 0-60, is bigger has more torque, goes 260 miles on a charge and costs a fraction to charge when compared to spending over $60 on premium unleaded. Hey you can even charge it for free at a one of the many superchargers out there. Haha NO GOING BACK.

  5. Hey stupid lawyer... how about you actually address the points in Tesla's blog post? To wit, what do you have to say about your loser client also filing a lemon lawsuit against Volvo? What about the fact that Tesla's data logs completely refute your version of this story. You are a disgrace to humanity. Drop dead.

  6. Wow! This is a very wonderful post and Great advice!The New Jersey lemon law claims ensures purchasers from auto defects. Thank you for sharing valuable information.