Frequently Asked Questions

1. Why is this notice being provided?

This notice explains that the Court has allowed or “certified” portions of a class action lawsuit that may affect you. The lawsuit alleges that Tesla promised certain consumers that if they purchased Supercharger-enabled Tesla vehicles, they would have free Supercharging for the life of the vehicle. The lawsuit further alleges that notwithstanding this promise, Tesla began charging fees to Class Members who “idled” their vehicles by leaving the vehicles plugged into Supercharger charging stations after the vehicle stopped receiving electricity.

2. What is a class action lawsuit?

In a class action lawsuit, one or more people called “Class Representatives” (in this case Kevin Shenkman) sue on behalf of other people who have similar claims. The people together are called a “Class.” When, as in this case, there are multiple groups of similar individuals, each group is called a “Subclass.” The Class Representatives—and all the members of Class —are called the Plaintiffs. The company or companies they sued (in this case Tesla) is called the Defendant. One court resolves the certified claims for everyone in each class or subclass — except for those people who choose to exclude themselves from the class action.

3. Is there any money available now?

No. The Court has not yet decided whether Tesla did anything wrong, nor have the two sides agreed to settle the case, so there is no money or benefits available to the Class, and no guarantee that there ever will be. If money or benefits become available, Class Members may need to take other steps, such as submitting a claim form, in order to get a share.

THE CLAIMS IN THIS LAWSUIT

4. What is this lawsuit about?

In this lawsuit, Plaintiff alleges that Tesla breached its contractual duties to certain purchasers of Supercharger enabled vehicles and acted unlawfully by charging fees for leaving vehicles plugged into Supercharger charging stations after the vehicles stop receiving electricity and by disabling Supercharging if the fees remained unpaid. Plaintiff claims that prior to December 16, 2016, Tesla represented that Supercharger enabled vehicles would come with Supercharging that was free for life and that Tesla did not disclose that it would charge fees associated with Supercharging. After December 16, 2016, Tesla started charging fees if customers, including Class Members, left their vehicles plugged in after the Supercharger stopped transmitting electricity to the vehicles. (Tesla contends that waives fees if the vehicle is unplugged within five minutes and waives all fees the first time they are incurred.) Tesla invoices such fees as “Supercharger fees” but commonly calls them “idle fees.” When customers do not pay idle fees accrued over a certain amount, Tesla eventually disables Supercharging and only re-enables it if a customer both pays outstanding fees and provides Tesla with a mechanism to automatically pay such fees in the future Plaintiff alleges that Class Members did not agree to pay these fees, that Tesla promised early purchasers that they would have free Supercharging for life, and that Tesla had no right to charge such fees or disable Supercharging to collect them.

Tesla denies these allegations, contends that it is permitted to charge “idle fees” to Class Members, and that it may suspend Supercharging if Class Members refuse to pay the idle fees they have incurred.

For additional information about the Parties’ contentions, you may review the class action complaint that was filed in this case along with Tesla’s answer and affirmative defenses which are linked on the Class Website.

5. Why is this a class action?

The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of California Code of Civil Procedure section 382, which governs class actions in California state courts with respect to the certified claims.

More information about why the Court is allowing this lawsuit to be a class action is in the Court’s opinion and order certifying the class, which is available at on this website under the “Case Documents” tab.

6. What are the Plaintiffs asking for?

Plaintiffs are asking the Court to rule that Tesla cannot charge Class Members fees for so-called “idling” and that Tesla cannot cut off or threaten to cut off Supercharging for Class Members if they do not pay these fees. Plaintiffs will ask the Court to stop Tesla from charging Class Members fees for idling, stop Tesla from cutting off Supercharging for unpaid fees, and to the compensate the Class for damages caused by charging these fees and disabling or threatening to disable Supercharging in the past.

7. Has the Court decided who is right?

No. The Court has not decided whether the Plaintiffs or Tesla is right. By certifying the Class and Subclasses and ordering that this Notice be provided, the Court has not decided whether the Plaintiff will win or lose this case. The Plaintiff must still prove his case.

WHO IS IN THE CLASS?

8. How do I know if I am a part of this case?

If you fit the description of a Class Member as detailed below, you are included in the Class. You may also be a member of one or more of the Subclasses.

The Court has certified a Class and several Subclasses, which differ based on the form contracts between Class Members and Tesla, how the Subclass was allegedly damaged, and whether Tesla has a contract that includes an arbitration clause. In particular, the Class and Subclasses are defined as follows:

Class Definition

All persons who: (1) received a Tesla vehicle in California before December 16, 2016; (2) continued to own the vehicle after December 16, 2016; (3) were citizens of California as of June 21, 2021; and (4) fall within one of the three Liability Subclasses. Excluded from the Class are any Judge presiding over this Action, the members of his or her immediate family, and Tesla and its officers and directors.

Liability Subclasses:

Liability Subclass 1: All Class Members who purchased a vehicle described in Tesla’s Motor Vehicle Purchase Agreement as “Supercharger Enabled” before December 16, 2016;

Liability Subclass 2: All Class Members who purchased a vehicle described in Tesla’s Motor Vehicle Purchase Agreement as “Supercharger Hardware” before December 16, 2016;

Liability Subclass 3: All Class Members who purchased a vehicle described in Tesla’s Motor Vehicle Purchase Agreement as “Supercharger Hardware & Access” before December 16, 2016.

Arbitration Subclasses:

Arbitration Subclass 1: All Class members who signed a Conditional Sales Contract and Security Agreement in the form of Exhibit A, available at www.TeslaIdleFeeClassAction.com.

Arbitration Subclass 2: All Class members who signed a Conditional Sales Contract and Security Agreement in the form of Exhibit B, available www.TeslaIdleFeeClassAction.com.

Arbitration Subclass 3: All Class Members who signed a Motor Vehicle Purchase Agreement in the form of Exhibit C or Exhibit D, available at www.TeslaIdleFeeClassAction.com.

Arbitration Subclass 4: All Class Members who signed a Retail Installment Sale Contract in the form of Exhibit E, available at www.TeslaIdleFeeClassAction.com.

YOUR RIGHTS AND OPTIONS

9. What happens if I do nothing?

If you are a Class Member, by doing nothing, you remain in this lawsuit and will be bound by the Court’s rulings and judgments. If money or benefits are obtained from Tesla, you will be notified about how to receive a share.

But, if you do nothing, you give up any right to sue Tesla about the same legal claims in this lawsuit. In addition, there are certain legal arguments that you might be able to make individually that Plaintiffs will not be making in this lawsuit on behalf of the Class.

If you are a Class Member who has an arbitration agreement with Tesla, it is also possible that you will be compelled to pursue any claims against Tesla in arbitration, rather than in Court. If you remain in the class and Tesla moves to compel arbitration, the Court in this action will decide whether you must arbitrate.

10. Can I exclude myself from this case?

If you are a Class Member, you can decide to exclude yourself from this case by “opting out.” You must decide this no later than February 27, 2024.

11. What Happens If I Exclude Myself?

If you ask to be excluded, you will no longer be part of this lawsuit. If money or benefits are later awarded in this case, you won’t share in those.

But, if you ask to be excluded, you keep the right to sue Tesla about the same legal claims in this lawsuit. In addition, you keep the right to make certain individual legal arguments plaintiffs will not be making in this lawsuit on behalf of the Class.

If you have an arbitration agreement with Tesla and exclude yourself from this class action, you will not be bound by any ruling by the Court in this action about whether Class Members who have arbitration agreements must arbitrate their claims.

To be excluded, you must act before February 27, 2024. Instructions to be excluded are given below.

12. How Do I Request To Be Excluded?

To exclude yourself, you may do so in writing by sending a letter to:

Shenkman v. Tesla, Inc

c/o Simpluris, Inc

PO Box 25225

Santa Ana, CA 92799

or an email to info@TeslaIdleFeeClassAction.com. Be sure to include your name and address along with the phrase “Exclusion Request.” You must email or mail your Exclusion Request postmarked or emailed no later than February 27, 2024.

THE LAWYERS REPRESENTING YOU

13. Do Class Members Have Lawyers?

Yes. The Court appointed the law firms of Waskowski Johnson Yohalem LLP and Wucetich & Korovilas LLP to represent the members of the Subclasses as “Class Counsel.”

More information about Class Counsel is available on their websites.

You do not have to pay Class Counsel. If you are a class member and want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense.

14. How will the lawyers be paid?

If Class Counsel obtains money or benefits for the Class, they will ask the Court for fees and expenses. If the Court grants their request, the fees and expenses may be deducted from any money obtained for the Class.

15. Should I get my own lawyer?

If you are a member of the Class, you do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to hire that lawyer at your own expense. For example, you can ask him or her to appear in court for you if you want someone other than Class Counsel to speak for you.

16. How and when will the Court decide who is right?

The Parties have stipulated that each of them can ask the Court to resolve certain threshold issues of contract interpretation on summary adjudication. The full stipulation is available on the class website under the Case Documents tab.

If the case is not dismissed or settled, the Plaintiffs will have to prove their claims at a trial.

No date has yet been set for a trial. During the trial, the jury and Court will hear the evidence so that a decision can be reached about whether the Plaintiff or Tesla is right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win any money or benefits for the Class.