1. The number will grow "based on people hearing about it." Great (sarcasm) and I agree. In my opinion, it won't grow based on "hp was promised to me, I relied on it, and I didn't get it" (those people have been frustrated from the start and are well-aware of what is going on) but it will grow based on, "hey, look, we can get something free here". Also, in my opinion, that 25% number includes bandwagon jumpers. The real number of those who actually relied on the hp number, and wouldn't have purchased the vehicle is hp was advertised differently (which is the true test in my mind for compensation*) is probably far lower than 25%.
2. Even if the results are public, mediated results are not based on a judgement determined by facts, evidence and law. They are based on negotiating risk and no assumption of liability. So they basically mean nothing, even if public.
* "compensation" should be Tesla must buy the vehicle back for full cost paid including taxes, etc. and then ban them for life. Those truly affected won't care anyway since they wouldn't have bought in the first place, nor would anyone want to buy from a company they believe deceived them, and it will be a true test to determine the legitimate class entitled to compensation.
If only I could be the adjudicator of this issue! Before people call me bias to Tesla (which I am -- but I am trying to be impartial here) please remember that I am ordering Tesla to give a FULL refund to those truly affected, and I bet many of them would want me in that role.
You make several good points.
IMO, "compensation", if any is forthcoming, should include purchasing the vehicle back, and then banning those who took advantage of that opportunity, from ever purchasing even so much as a Tesla key chain afterwards for stirring this trouble.
Anyone is free to call that retribution if you want, but that's exactly what should happen.
Banning them from purchasing a Tesla for life, is a crucial and essential part of any "compensation" agreement arrived at here, and a step that Tesla should take without hesitation.
The one, should not be exclusive of the other. But instead, the first, accepting "compensation", should
automatically trigger the second.
As you have already alluded, anyone who was actually "injured" here, won't care anyway,
since their position is that they would not have bought the car in the first place had the hp been advertised differently, nor would anyone want to buy from a company which they believed had cheated them anyway.
This and only this would be the litmus test of litmus tests to determine just who was entitled to compensation.
In other words, wait on, and take your "compensation", those of you raising a stink about this, and who feel strongly enough about it that you are willing to sell your cars back to Tesla for the full amount that you paid for it.
Those of you who do not feel "quite that strongly about it", well then it's time to "pipe down", since you apparently really don't feel so strongly about it, that you are willing to go that far.
But those of you who do feel strongly enough to take the "compensation', don't bother coming back looking to purchase another Tesla. You will need to purchase another vehicle. This should conclude any current or future business between you and Tesla.
That arrangement, ought not bother you, if you truly feel that you have been injured here enough to sell your car back to Tesla.
And if you haven't been injured "that badly" well then it's time to quit complaining about this matter.