The lawsuits, filed on Tuesday and Wednesday in federal
court in San Francisco, allege that Tesla designed its electric vehicles,
warranties and repair policies to discourage owners and lessees from using
independent shops outside of Tesla's control.
"Tesla needs to open up its ecosystem and allow
competition for the servicing of Tesla [vehicles] and sales of parts,"
said plaintiffs lawyer Matthew Ruan of Freed Kanner London & Millen, who
filed one of the proposed class actions.
A representative from Austin, Texas-based Tesla did not
immediately respond to messages seeking comment. Tesla defense counsel have not
yet made an appearance in the cases.
The proposed class in both cases would include anyone who
has paid Tesla for repairs or parts since March 2019.
Each complaint was filed on behalf of a California resident,
and neither lawsuit specified a damages amount. Ruan said the potential class
includes hundreds of thousands of Tesla owners and lessees, so damages could
total hundreds of millions of dollars.
Lawyers from McCune Law Group, which filed a similar class
action complaint on Wednesday, did not immediately respond to messages seeking
comment.
Tesla, the world's most valuable automaker, recorded revenue
of $24.32 billion for the fourth quarter. The company delivered 405,278
vehicles in the quarter.
Tesla joins other major vehicle makers facing "right to
repair" antitrust litigation over alleged exclusionary conduct.
A group of cases against Harley-Davidson Motor Co Group LLC
(HOG.N) were recently consolidated in Wisconsin federal court, and Deere &
Co, the world's largest farm equipment maker, is defending against allegations
in federal district court in Chicago. Both companies have denied claims.
The US Federal Trade Commission in 2021 issued a policy
statement that said the agency would make it a priority to address manufacturer
restrictions on repairs and parts.
Tesla's alleged restraints on service and repair, according
to the new lawsuits, caused "exorbitant wait times" for drivers who
otherwise would have gone to an independent repair shop.
The lawsuits call for Tesla's repair services and parts
monopoly to be "dismantled" and for the company to be ordered to make
its repair manuals and diagnostic tools "available to individuals and
independent repair shops at a reasonable cost."
The cases are Virginia Lambrix v Tesla Inc, US District
Court, Northern District of California, No. 3:23-cv-01145; and Robert Orendian
v. Tesla, No. 3:23-cv-01157.
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