Jason sort of answered that question earlier:
So it would seem that most plans, even without the BMD, were activated. (According to him.)
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Vendor Tesla Model S Battery Extended Service Plans from 057 Technology
- Thread starter wk057
- Start date
CrankyGypsy
Member
Thank you @MP3Mike, I genuinely appreciate your help in sifting through this mess. Yes, I was just coming back to mention that I did find a difference between the old and new terms:
"057 may activate a service plan in the absence of a Battery Monitoring Device, at our discretion, 8 weeks after purchase." (1)
"at our discretion" - what dictates this discretion and shouldn't we be made aware of this individually if it is a case by case basis?
WK057 #566:
"and that was reflected in the service plan portal for the people affected (most), along with notification settings and whatnot for events in that portal."
The problem here is that my portal (along with at least one other Service Plan subscriber's portal) had been, and still is, showing the error screenshot that I previously posted. No notification there.
I also don't want to lose track that the BMD was part of the agreement AND that part of the program's attractiveness was that the BMD might actually catch an issue early, theoretically saving the purchaser the unnecessary grief of a vehicle going into "limp mode."
SOURCES:
(1) HV Battery Service Plan Terms | 057 Technology
"057 may activate a service plan in the absence of a Battery Monitoring Device, at our discretion, 8 weeks after purchase." (1)
"at our discretion" - what dictates this discretion and shouldn't we be made aware of this individually if it is a case by case basis?
WK057 #566:
"and that was reflected in the service plan portal for the people affected (most), along with notification settings and whatnot for events in that portal."
The problem here is that my portal (along with at least one other Service Plan subscriber's portal) had been, and still is, showing the error screenshot that I previously posted. No notification there.
I also don't want to lose track that the BMD was part of the agreement AND that part of the program's attractiveness was that the BMD might actually catch an issue early, theoretically saving the purchaser the unnecessary grief of a vehicle going into "limp mode."
SOURCES:
(1) HV Battery Service Plan Terms | 057 Technology
ccalahan
USAF Retired Crew Chief
I never received my BMD after purchasing this plan in July of 2022. So even with a supposed plan in effect, they will not answer my submitted tickets or answer their phone. So what shall I do if I indeed have a battery failure? Try and send Jason Hughes a message and cross my fingers?? Doesn't give me any warm fuzzy feelings. 
ccalahan
USAF Retired Crew Chief
I am encouraging folks like myself to file a complaint online through the Tennessee Consumer Affairs online portal. I will post the link below. I have absolutely no idea what this may do, but I feel it will weigh a bit heavier if multiple people are filling complaints against the same company. Here's the info I have on the new owner to help with the online complaint. Thank you everyone.
Direct Link for online complaint:
Direct Link for online complaint:
stopcrazypp
Well-Known Member
If you dig back in the thread, if you asked them for service they used other means to determine if you qualify. It was claimed there were cases resolved this way for people that didn't receive BMDs. This concern was brought up very early on when they had issues releasing the second batch. Essentially the service plan was already active, and people who didn't have BMDs still got service and weren't left high and dry while waiting for BMDs. However, after the radio silence around October last year, it seemed people weren't able to reach the company.I never received my BMD after purchasing this plan in July of 2022. So even with a supposed plan in effect, they will not answer my submitted tickets or answer their phone. So what shall I do if I indeed have a battery failure? Try and send Jason Hughes a message and cross my fingers?? Doesn't give me any warm fuzzy feelings.
Vendor - Tesla Model S Battery Extended Service Plans from 057 Technology
We've been handling repairs/replacements with or without the BMD at the moment. I've been waiting for legal review/signoff of some official ToS changes to reflect this before posting a full update, but there's been a lot of back and forth since the original ToS was vetted based entirely on...
teslamotorsclub.com
Although they structured the original agreement around the BMD, it was just a means to an end and not completely necessary to determine if a pack qualified for service.
CrankyGypsy
Member
Thank you for sifting back through the thread.
I don't know if focusing on the BMD is the right course of action here, but it is promoting conversation.
A "means to an end" ??? Again, you seem to be speaking somewhat on behalf of Hughes and 057. In any case, what was that end? Frankly, it currently feels like the BMD was necessary to properly determine if a pack legitimately qualified. Why? Becuase: "qualified" implies the pack passed [the tests]; "qualified" does not mean that the plan was activated. However: @stopcrazypp Are you implying that the BMD wasn't necessary and that 057 was somehow able to [remotely hack into] our vehicles with the VIN info we gave them to verify qualification without the need of a BMD?!
I view the BMD as having two purposes, with the first being the most important to the designer/guarantor:
1) it allowed 057 to determine if a battery already had a fault (or foreseeable fault), alleviating some risk/loss to potential scammers. Unfortunately, we all know from his posts that scammers were a problem. Good on him and the company to follow through with their promises while they waited for the BMD supplier(s) to catch up. I must say, that personally gave me great comfort as I indefinitely waited on my BMD. Looking back, it might've been a better strategy for 057 to hold off on writing new plans until the BMD supply issue was resolved.
2) the old/current terms even explain that one of the purchaser-perceived benefits of the program was/is that it would outfit the vehicle with a device that "securely reports this information back to 057 Technology periodically." (1) I will restate that this was very attractive to those of us not living a short tow from the 057 shop to get something going for the car shut down.
That all said, and despite what has happened, the actual terms seem to clearly imply that the BMD is integrally necessary for the Service Plan:
"A Battery Monitoring Device is required to be installed in the vehicle to which this Service Plan applies." (1)
So let's say, theoretically, of course: if I were to have received the BMD, and didn't actually install it on the car (bc lazy, lost it, some weird circumstance that wasn't scam-related), had an error, then arranged shipping for my vehicle to the shop out of their goodwill, only for them to run full diagnostics on the vehicle to find that my battery did not actually qualify ... who would theoretically be on the hook for the transport fee to return the vehicle unfixed? Bc the site noted that the car would be repaired to operational so that I could fly there to pick it up and drive it home. The BMD would alleviate this problem/headache, bc that was its purpose. (I know the answer to this - I'm just arguing the other side of the coin)
SOURCES:
(1) HV Battery Service Plan Terms | 057 Technology
I don't know if focusing on the BMD is the right course of action here, but it is promoting conversation.
A "means to an end" ??? Again, you seem to be speaking somewhat on behalf of Hughes and 057. In any case, what was that end? Frankly, it currently feels like the BMD was necessary to properly determine if a pack legitimately qualified. Why? Becuase: "qualified" implies the pack passed [the tests]; "qualified" does not mean that the plan was activated. However: @stopcrazypp Are you implying that the BMD wasn't necessary and that 057 was somehow able to [remotely hack into] our vehicles with the VIN info we gave them to verify qualification without the need of a BMD?!
I view the BMD as having two purposes, with the first being the most important to the designer/guarantor:
1) it allowed 057 to determine if a battery already had a fault (or foreseeable fault), alleviating some risk/loss to potential scammers. Unfortunately, we all know from his posts that scammers were a problem. Good on him and the company to follow through with their promises while they waited for the BMD supplier(s) to catch up. I must say, that personally gave me great comfort as I indefinitely waited on my BMD. Looking back, it might've been a better strategy for 057 to hold off on writing new plans until the BMD supply issue was resolved.
2) the old/current terms even explain that one of the purchaser-perceived benefits of the program was/is that it would outfit the vehicle with a device that "securely reports this information back to 057 Technology periodically." (1) I will restate that this was very attractive to those of us not living a short tow from the 057 shop to get something going for the car shut down.
That all said, and despite what has happened, the actual terms seem to clearly imply that the BMD is integrally necessary for the Service Plan:
"A Battery Monitoring Device is required to be installed in the vehicle to which this Service Plan applies." (1)
So let's say, theoretically, of course: if I were to have received the BMD, and didn't actually install it on the car (bc lazy, lost it, some weird circumstance that wasn't scam-related), had an error, then arranged shipping for my vehicle to the shop out of their goodwill, only for them to run full diagnostics on the vehicle to find that my battery did not actually qualify ... who would theoretically be on the hook for the transport fee to return the vehicle unfixed? Bc the site noted that the car would be repaired to operational so that I could fly there to pick it up and drive it home. The BMD would alleviate this problem/headache, bc that was its purpose. (I know the answer to this - I'm just arguing the other side of the coin)
SOURCES:
(1) HV Battery Service Plan Terms | 057 Technology
stopcrazypp
Well-Known Member
The BMD would send the information automatically to 057, but I don't see why you can't just give the information manually to them by entering service mode? In worst case, you may need to get one of the many CAN bus readers available on the market and send the battery info to them. I don't see any need to hack into the car with no owner authorization. Basically my point is while the BMD was originally the designated way to determine eligibility, I imagine there are plenty of other ways to do it (otherwise they wouldn't have been able to service cars without BMDs).
There is a risk of the owner sending fake modified info or info from a different car and then when they get the car in, they find out it doesn't match, but I don't see many owners doing this, as it hurts themselves also and wastes everyone's time/effort.
And for people that are close by, they can drop off the car, so it can be verified in person to avoid the above issues.
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I don't think the information they were looking for is in there. (Like the logs to show if the battery has been removed from the vehicle or replaced before.)
Again, I don't think they really get the information 057 looks for to determine if they will service a battery.
Since all of this started Tesla now allows third-party shops access to their internal remote diagnostics. (Recell says that they send a request to Tesla, and then Tesla checks with the owner to approve the request before granting access.) I don't know if 057 ever got setup with this access, but if they did I never heard about it.
You could DM Jason to see if he can poke the 057 owners to lookup your plan and give you the activation date for the plan so you know what your coverage period is. I don't know if that really meets what he was offering, as you don't need service right now. (But I question if there is anybody there to respond, or service vehicles, when necessary.)So, according to the terms AND the ticket response that I received, it appears that anyone without a BMD installed has not had the Service Plan activated. Can anyone verify this for me. Because unfortunately, the accounts section shows this under "Manage Service Plans" - I am unable to verify when my plan began and when it ends.
SUMMARY: Is the company replying directly to anyone? Am I going to receive a BMD? What was the start date of my Service Plan?
CrankyGypsy
Member
@stopcrazypp Ok. Yes, one could send their hopefully undoctored info by some other means, but my point is that that does very little to stop potential scammers and curb resulting headaches compared to what the BMD was apparently designed to do. In your rebuttal, you are pretty much making my point.: Hughes complained that scammers were a nuisance, so it obviously was worth some people's time and effort to waste 057's time and money. It seems possible that the Service Plan sales could have been outpacing the repairs enough to be lucrative without the BMD ...and garner prospective buyer interest. But if 057 felt the BMD was obsolete, why did the terms never reflect this?
Yes. "Old 057" serviced cars without the BMD. This was because Hughes felt that it was the right thing to do and he was willing to shoulder that gamble without the BMDs. Again, it was grand gesture that I am certain we all appreciated. My posts are not attacks on Hughes - he's supposedly not affiliated with the current company. Nothing on the site ever implied the BMDs were being phased out.
Yes. Supposedly "new 057" services cars without the BMD. But right now, the only person here that has eluded to speaking to anyone at 057 is Hughes himself. None of this information changes what the terms outline.
@MP3Mike I sincerely appreciate you and stopcrazypp taking the time to contribute here and catching me up on the aspects I'm not familiar with. I have a general idea of what my activation could date be, according to the most current terms:
"Unless explicitly permitted in writing noting the specific VIN, High Voltage Battery Pack part number, and High Voltage Battery Pack serial number, COVERAGE DOES NOT BEGIN until AFTER the Battery Monitoring Device is installed and completes its assessment of the High Voltage Battery Pack AND that assessment shows that the High Voltage Battery Pack is in good condition. 057 may activate a service plan in the absence of a Battery Monitoring Device, at our discretion, 8 weeks after purchase. With no Battery Monitoring Device, pack health will be determined by other means (vehicle logs, BMS logs, etc) if a failure occurs. What qualifies as “good condition” is at 057 Technology's sole discretion, but generally would include batteries that are fully functional in the vehicle with no errors present and no major imbalances, among other things." (1)
I interpret that as saying that the only time 057 guaranteed that the plan will be activated is after BMD assessment approval. The terms kind of make claim when the plan could be activated without the presence of a BMD - the wording implies the plan could be activated 8 weeks after purchase. At this point, I will assume the current 057 company views these plans as a "problem" and here's why: they are no longer offered, have written on the site (can't find that short Q&A page right now) that they never guaranteed the ability to renew/extend the plan, and seem to have made no attempt to contact or reply to any plan inquiries. That all being my presumption, I would say my plan was activated 8 weeks after purchase, even if done retroactively.
SOURCES:
(1) HV Battery Service Plan Terms | 057 Technology
Yes. "Old 057" serviced cars without the BMD. This was because Hughes felt that it was the right thing to do and he was willing to shoulder that gamble without the BMDs. Again, it was grand gesture that I am certain we all appreciated. My posts are not attacks on Hughes - he's supposedly not affiliated with the current company. Nothing on the site ever implied the BMDs were being phased out.
Yes. Supposedly "new 057" services cars without the BMD. But right now, the only person here that has eluded to speaking to anyone at 057 is Hughes himself. None of this information changes what the terms outline.
@MP3Mike I sincerely appreciate you and stopcrazypp taking the time to contribute here and catching me up on the aspects I'm not familiar with. I have a general idea of what my activation could date be, according to the most current terms:
"Unless explicitly permitted in writing noting the specific VIN, High Voltage Battery Pack part number, and High Voltage Battery Pack serial number, COVERAGE DOES NOT BEGIN until AFTER the Battery Monitoring Device is installed and completes its assessment of the High Voltage Battery Pack AND that assessment shows that the High Voltage Battery Pack is in good condition. 057 may activate a service plan in the absence of a Battery Monitoring Device, at our discretion, 8 weeks after purchase. With no Battery Monitoring Device, pack health will be determined by other means (vehicle logs, BMS logs, etc) if a failure occurs. What qualifies as “good condition” is at 057 Technology's sole discretion, but generally would include batteries that are fully functional in the vehicle with no errors present and no major imbalances, among other things." (1)
I interpret that as saying that the only time 057 guaranteed that the plan will be activated is after BMD assessment approval. The terms kind of make claim when the plan could be activated without the presence of a BMD - the wording implies the plan could be activated 8 weeks after purchase. At this point, I will assume the current 057 company views these plans as a "problem" and here's why: they are no longer offered, have written on the site (can't find that short Q&A page right now) that they never guaranteed the ability to renew/extend the plan, and seem to have made no attempt to contact or reply to any plan inquiries. That all being my presumption, I would say my plan was activated 8 weeks after purchase, even if done retroactively.
SOURCES:
(1) HV Battery Service Plan Terms | 057 Technology
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ccalahan
USAF Retired Crew Chief
Regardless of all this extra talk back and forth, the problem is, I paid for a battery service plan(a HUGE reason for purchasing a used old Model S), I am not rich, I can’t afford a brand new Model S. I am retired military on a fixed income. Some will argue I shouldn’t have bought a Tesla to begin with. But it was a dream of mine since driving a Model S years ago via Turo. Long story short. I am pi$$ed off. I feel I got screwed over. Others may feel the same, some may not. Some may think $2k is a drop in the bucket for them. It’s not for me. Either way this entire ordeal is BS and I am rightfully upset.
⚡️ELECTROMAN⚡️
Village Idiot
I'm afraid to comment. I don't want to get sued by this upstanding wonderful gentleman. He seems like a really great guy with great lawyers. Can I get sued for sarcasm? Asking for a friend.
ccalahan
USAF Retired Crew Chief
No I’m currently not. I’m just screwed if something does go wrong. Pushing closer to 100k miles now. It’s not unreasonable to be nervous!!
I hope all the suspense eventually clear out, it is quite hard for anyone to make sense of it, company change hands are fact of life, but the companieS apparently stopped responding, no one knows the actual physical location, and it seems to be still operating, why all the secrecy?
The "supposed" to be new owner has history of operating an oil/convenience stores in LA which was sold to Circle-K in end of 2021, the person does have LinkedIn account and on X but no activity for few years and never updated, his extended family has great ties to MSU too, maybe there are more stories and others on the other side ... but who know..
The "supposed" to be new owner has history of operating an oil/convenience stores in LA which was sold to Circle-K in end of 2021, the person does have LinkedIn account and on X but no activity for few years and never updated, his extended family has great ties to MSU too, maybe there are more stories and others on the other side ... but who know..
CrankyGypsy
Member
Going to continue to keep this thread moving until a rep for 057 either posts here or sends out an email to their battery service plan subscribers. I'm not spending my life getting to the bottom of this, so as I peruse their site and terms, I will simply post findings that I feel are relevant.
As has been stated earlier: Keith (?) Baker set up 057 Companies, LLC (TN File #001433875) on June 6, 2023
Per tnbear.tn.gov, the LLC is active and consists of three members.
The company was formerly registered by Jason David Hughes as 057 Technology, LLC (NC SOSID # 1691867) on April 17, 2018
Per sosnc.org, the LLC is dissolved.
(simply noting the above because the current terms continue to state that the governing body is North Carolina and all references to the company are "057 Technology, LLC" and not "057 Companies, LLC" within the plan terms)
Anyways...
On the consumer end, the price of the plan included the BMD's early warning monitoring feature and the BMD's network fee. Part of the price apparently included the data fee for the BMD needing to periodically communicate with 057 over a wireless network, as I recall Hughes posting in TMC that that the price would include this network service and that he was working something out with, I think: T-Mobile.
Hughes had mentioned previously that we should all read the terms, so here we go...
Dated June 1, 2023, these are the most current legal terms (with original grammatical errors), stating that four requirements are needed for activation of the plan, with two of them referencing the BMD:
The June 1, 2023 terms exactly mirror the February 11, 2022 terms in the "Service Plan Coverage Term" section.
The June 1, 2023 terms differ in that they seem to contradict themselves, adding and implying 057 could simply "over rule" these four previously stated requirements and activate the plan at 057's discretion 8wks after purchase. This is under the "Exclusion and Other Terms" section, even after the terms have continued to very repeatedly maintain throughout that an active BMD is required to remain installed and untampered with, or else the contract is void. Note that I could not find anyway that this voiding was implied to be discretionary (the highlight is the addition to the 2023 terms):
This is stated later, plainly stating that the BMD is "required to be installed" and makes reference to the data transmissions:
I'm not a lawyer, but would appreciate anyone knowledgeable in contract law to weigh-in: The old and new terms plainly state twice+ that the BMD was required for activation, then the new terms contradicting itself. How does that work? Because...
MY POINT: based on my law naivety and going by the several statements of the BMD being required, I'd speculate that subscribers still not receiving a BMD be entitled to a two-year extension on the plan once the BMD actually arrives/qualifies the car. Now, I say "extension" only bc of the goodwill stopgap started at purchase date ... which according to my ticket reply (June 13, 2023), the goodwill was still happening after the formation of 057 Companies, LLC.
As has been stated earlier: Keith (?) Baker set up 057 Companies, LLC (TN File #001433875) on June 6, 2023
Per tnbear.tn.gov, the LLC is active and consists of three members.
The company was formerly registered by Jason David Hughes as 057 Technology, LLC (NC SOSID # 1691867) on April 17, 2018
Per sosnc.org, the LLC is dissolved.
(simply noting the above because the current terms continue to state that the governing body is North Carolina and all references to the company are "057 Technology, LLC" and not "057 Companies, LLC" within the plan terms)
Anyways...
On the consumer end, the price of the plan included the BMD's early warning monitoring feature and the BMD's network fee. Part of the price apparently included the data fee for the BMD needing to periodically communicate with 057 over a wireless network, as I recall Hughes posting in TMC that that the price would include this network service and that he was working something out with, I think: T-Mobile.
Hughes had mentioned previously that we should all read the terms, so here we go...
Dated June 1, 2023, these are the most current legal terms (with original grammatical errors), stating that four requirements are needed for activation of the plan, with two of them referencing the BMD:
The June 1, 2023 terms exactly mirror the February 11, 2022 terms in the "Service Plan Coverage Term" section.
The June 1, 2023 terms differ in that they seem to contradict themselves, adding and implying 057 could simply "over rule" these four previously stated requirements and activate the plan at 057's discretion 8wks after purchase. This is under the "Exclusion and Other Terms" section, even after the terms have continued to very repeatedly maintain throughout that an active BMD is required to remain installed and untampered with, or else the contract is void. Note that I could not find anyway that this voiding was implied to be discretionary (the highlight is the addition to the 2023 terms):
This is stated later, plainly stating that the BMD is "required to be installed" and makes reference to the data transmissions:
I'm not a lawyer, but would appreciate anyone knowledgeable in contract law to weigh-in: The old and new terms plainly state twice+ that the BMD was required for activation, then the new terms contradicting itself. How does that work? Because...
MY POINT: based on my law naivety and going by the several statements of the BMD being required, I'd speculate that subscribers still not receiving a BMD be entitled to a two-year extension on the plan once the BMD actually arrives/qualifies the car. Now, I say "extension" only bc of the goodwill stopgap started at purchase date ... which according to my ticket reply (June 13, 2023), the goodwill was still happening after the formation of 057 Companies, LLC.
You probably have read thhe updates on the service plan that stated
I never received a monitoring device. Is my plan active?
A: The monitoring device's purpose was to prevent customers from receiving service plan work on a battery with a preexisting issue. We built up sufficient data to mitigate this risk through other means, and activated nearly all plans 8 weeks after purchase, per the terms and conditions, with or without a monitoring device. Upon the need for service, the vehicle's logs would be inspected to determine if a battery issue is applicable under the service plan. Any questions, contact us after logging into your account.
So, I take it as if someone needs the service, they can review the logs, and obviously it has passed 8 weeks for every contract signed by now. In all likelihood, the company is no longer interested in offering repair services and therefore remains low key as the website shown the main focus is selling components, upgrades, and probably other commercial opportunities.
If you have logged in the account, posted your concerns and not getting any response then that’s a problem and bad, but not as bad as having a real legitimate failed battery covered under the contract but denied service and ignored ..
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CrankyGypsy
Member
Yes, I stumbled onto that page but was unable to find it again - the website is somewhat "broken" in places and only minimally updated, likely to quickly accommodate a desire to be far away from battery service plans (as you mentioned). I mean, the site still claims to be copywritten in 2024 by 057 Technology, LLC.
HV Battery Service Plan | 057 Technology :
"...per the terms and conditions." Per the terms, the activation conditions were four-fold, two of them referencing the BMD as being seemingly non-negotiable. I argue that the 8 week activation should have been listed right after this section. The case also stands that this [convenient] clause had been updated for many of us after the purchase date with no direct notification, or apparent attempts to notify.
I'm sure you agree and are just pointing this out, but the site itself is not a contract. The Service Plan promised an early-warning system - that was a big selling point in my eyes to prevent getting stranded somewhere. Many of the followers of the FB group Tesla BMS_u029/BMS_u018 have resorted to the OBD option to monitor their batteries themselves and I'd say most of us really don't know what we're looking for. It was Hughes' expertise to design a program/device to do that job as to partly why some of us would purchase the plan, because all of us were led to believe we were also paying for a "BMD lease."
Just for reference these are portions of that Q&A page before the site was updated in 2024, outlining what to expect with a purchased Service Plan:
Regardless of what the new terms indicate, does this appear to be in the realm of bait and switch?
CrankyGypsy
Member
I can't help but feel duped all over the place by the ole "just trust us" strategy:2023:
2024:
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