Fish v. Tesla Class Action Lawsuit

The Problem

Tesla warrants battery packs in their new cars to retain at least 70% of their original capacity for 8 years or 150K miles, whichever comes first.  See warranty information here.  In what is likely to be many, many instances, Tesla is refusing to honor that warranty.  Please use the method below to see if your car should be eligible for a free battery replacement.  If it is, consider providing your information in the adjoining interface.  You have nothing to lose.  Providing the information will not automatically require you to be part of the lawsuit, but we will keep you abreast of progress in the action.

Self-Test of Battery Capacity

To test the battery capacity, you should charge the car to 99%, which resets the Watt-Hours used to zero. Then, run the car down to 10%, and see how much energy has been used. Divide the energy used by 0.89 to calculate your battery capacity. If the capacity is less than 54.25 for an 85 kWh battery (for different battery sizes, check the chart below), you should be eligible for a free battery replacement under the Tesla warranty. You might also be eligible for a free battery replacement if the calculated capacity is less than 59.5. These calculations only apply to owners qualifying under the original warranty. Cars purchased used from Tesla have a different warranty, and an arbitration clause that is likely to preclude recovery. Note that calculating battery capacity by drivable miles is not accurate. Energy used per mile can vary by all sorts of factors, including hills, speed, starts and stop, use of heater and air conditioning, etc. 

Battery Size

Total Capacity kWh

Usable Capacity kWh

70% Usable Capacity

Original 60

61

58.5

40.95

Original 70

74.2

68.8

48.16

75/75D

75

72.6

50.82

85/P85/85D/P85D

81.5

77.5

54.25

90D/P90D

85.8

81.8

57.26

Information

Self-Test Data

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Fish IP Law, LLP
2603 Main St. Suite 1000
Irvine CA 92614

Contact
(949) 943-8300
teslaclassaction@fishiplaw.com

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