Raffy.Roma
Rome (Italy)
IMO Vince Megna, having declared himself "King of the lemon laws", is only trying to increase his fame. He knows that by sueing Tesla he will get a lot of attention by the media and he wants to draw attention on himself.
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So what's the problem here? Customer not satisfied with reliability of the car, and his lawyer finds a way out of the gag clauses in Tesla's purchase agreement. Money refunded, one P85 more for the loaner fleet.
Why to blame the lawyer? He did what lawyers are paid for.
Why to blame the owner? He has a different threshold of what he finds acceptable for a new car than me or perhaps most others here. Very probable that he will get a new Tesla in the years to come that works perfectly smooth for him.
Tesla should look into things why this car was not performing after several repair attempts, and identify steps to prevent it in the future.
commenting on the legal stuff I'd like to see neroden take a shot
Why to blame the lawyer? He did what lawyers are paid for.
Why to blame the owner? He has a different threshold of what he finds acceptable for a new car than me or perhaps most others here. Very probable that he will get a new Tesla in the years to come that works perfectly smooth for him.
Tesla should look into things why this car was not performing after several repair attempts, and identify steps to prevent it in the future.
commenting on the legal stuff I'd like to see neroden take a shot
Canuck
Well-Known Member
I will always blame lawyers for representing scumbags in civil suits. No lawyer is required to take any case and lawyers are paid for many different types of services. I don't know if this Plaintiff is scum -- I'm speaking generally.
davewill
Active Member
Sounds like Tesla screwed up if they didn't respond to the Lemon Law complaints. They should have known better.
Everybody unto their own but IMHO, If you don't go through with your purchase, it will be your loss. I assure you that there are many in line waiting to grab what you give up. MS is a world class car produced by a world class company with exceptional customer service. As far as I am concerned, this is the Best car I ever owned.
Todd Burch
14-Year Member
I'm going to assume your post was sarcastic.
But in case it wasn't (too cover all the bases): You know Tesla has the highest customer satisfaction score of ANY carmaker, right? You know Consumer Reports called it the best car they ever tested, right? Yes, one loonie crooked lawyer posts a ridiculous home video to get attention for his pathetic self. Run for the hills!
But in case it wasn't (too cover all the bases): You know Tesla has the highest customer satisfaction score of ANY carmaker, right? You know Consumer Reports called it the best car they ever tested, right? Yes, one loonie crooked lawyer posts a ridiculous home video to get attention for his pathetic self. Run for the hills!
Todd Burch
14-Year Member
MassX1317
Addicted to TMC
Do you think the Tesla owner had to pay $400/hr for the lawyers time during the filming of that video?
Gizmotoy
Active Member
That's the "You haven't set up a WiFi network yet. Do so now or we will pester you about it every single day until you do" screen. You probably have WiFi in your garage, saw it maybe once, and never again.
That's kind of what I was thinking. Seems like they would have tried to push through to arbitration, not ignored it completely. Seems completely out of character.
ThosEM
Space Weatherman
I don't hear anyone addressing the claim that Tesla owners are required to sign non-disclosure agreements. I don't recall such a statement in my paperwork. Anyone else? If that is false, what can we say about this lawyer?
My sentiments precisely. I do have a strong tendency to read thoroughly what I'm signing, and not only do I not remember signing an NDA, I also never have seen a reference to same on...you got it...this forum, which does have a well-deserved reputation of parsing everything Tesla within a few parsecs of here.
My other thoughts were: So you, Mr. Lemon King, know the law? Well, you'd better learn the Laws of Thermodynamics.
on edit: referring to ThosEM's post, two posts up.
My other thoughts were: So you, Mr. Lemon King, know the law? Well, you'd better learn the Laws of Thermodynamics.
on edit: referring to ThosEM's post, two posts up.
That video is just bizarre. I'm still sitting here wondering if that wasn't a joke of some kind. Sadly, I know it wasn't MEANT to be. Just crazy.
MassX1317
Addicted to TMC
For a lemon, the car appeared to be working pretty well in the video. They felt safe enough to go around filming scenes for the video and to drive to the court house.
It was pretty lame to bring up the fire incidents. Was this car at risk for bursting into flames at any time? Not sure if I understand what the fires had to do with this persons troubles.
It is pretty clear that there is more to this story. I heard the owner of the car frequents this website as well. The non-disclosure is an easy place to hide from the public for the owner and lawyer. They will settle privately, maybe for trade-in value even. The lawyer will get the free publicity and he and the owner will never have to explain themselves. The owner will also make sure the settlement doesn't allow Tesla to speak.
It doesn't even sound like the owner ever talked to someone directly. Does reaching out mean the guy was sending emails to some general email address or does it mean he called management to discuss the issue?
It was pretty lame to bring up the fire incidents. Was this car at risk for bursting into flames at any time? Not sure if I understand what the fires had to do with this persons troubles.
It is pretty clear that there is more to this story. I heard the owner of the car frequents this website as well. The non-disclosure is an easy place to hide from the public for the owner and lawyer. They will settle privately, maybe for trade-in value even. The lawyer will get the free publicity and he and the owner will never have to explain themselves. The owner will also make sure the settlement doesn't allow Tesla to speak.
It doesn't even sound like the owner ever talked to someone directly. Does reaching out mean the guy was sending emails to some general email address or does it mean he called management to discuss the issue?
yes, there is something very sketchy about this...just based on the lawyer's circus act primarily. Perhaps the lawyer paid Mr. Montgomery off for an opportunity to represent him so he could get extra publicity.
Merrill
Merrill
In California the lemon law states that you have to have taken the vehicle in for repair of the same problem 3 times and have to have the manufacturer involved at least 1 time, so a total of 4 times for the SAME problem. I have seen this happen many times, most of the situations were buyers remorse or owners that would never be happy with any vehicle. Not to say that this situation is one of those, but I spent 25 years in the automotive field and have had the manufacture buy back the vehicle 4 times. Usually for very intermittent issues that we could never recreate. It gets very critical as to how the customer states his problem and anyone who knows the lemon law and want a way out of his purchase will know how to complain about his specific problem. There were very few car we could not repair with the help of the factory, when you have either the manufacture tech rep or the shop foreman drive the car with equipment connected and never register a fault code or problem, and the minute you return it to the customer they experience the exact problem, it is somewhat suspect.
The purchase agreement did include a clause regarding laws for the state of CA. Additionally there is an arbitration clause below which would seem to apply.
Choosing Arbitration. Either you or we may choose to have any dispute decided by arbitration, and not in court or by jury trial. Any
arbitration under this Arbitration Clause will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law
concerning arbitration. Any claim or dispute between you and us or our employees, agents, successors or assigns, which arises out of
or relates to this Agreement, the purchase or condition of this Vehicle, or any resulting transaction or relationship (including with third
parties who do not sign this Agreement) will, at our election, be resolved by neutral, binding arbitration and not by a court action. You
may choose one of the following arbitration organizations and its applicable rules: The American Arbitration Association, 335 Madison
Ave., Floor 10, New York, NY 10017-4605 (http://www.adr.org); JAMS, 1920 Main St., Ste. 300, Irvine, CA 92614 (http://www.jamsadr.com); or
any other organization that you may choose subject to our approval. You may get a copy of the rules of these organizations by
contacting the arbitration organization or visiting its website.
Class Action Waiver. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class
action. You expressly waive any right you may have to arbitrate a class action.
Place of Arbitration. The arbitration hearing will be conducted in the federal district of our corporate headquarters (United States
District Court for the Northern District of California).
Costs. We will advance your arbitration fee(s) up to a maximum of $1,500, which may be reimbursed to us if the arbitrator decides.
Each party will be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator.
Confidentiality. “Confidential Information” means any information disclosed by us, our attorneys, experts, agents, employees or
similar persons or entities during negotiation, dispute, arbitration, or legal action to obtain injunctive relief or enforce an arbitration order
and that is disclosed to you, your attorneys, experts, agents, contractors, or similar persons, or any arbitrator, court, governmental
agency or similar person, agency or entity. You understand that (1) the Vehicle being purchased is unique in the marketplace, the
result of years of research and development, and (2) the disclosure of our Confidential Information relating to the Vehicle will irreparably
harm us, and that (3) we will have no adequate legal remedy. Before you disclose any Confidential Information in any dispute,
arbitration, legal action, or appeal, you agree to provide written notice to us and seek an Order that all Confidential Information be filed
only under seal, and that any proceeding where Confidential Information may be disclosed will be closed to all persons other than the
arbitrator, reporter for the arbitration (if used), court personnel, the parties, their attorneys, experts, and witnesses (when testifying). If
you receive an order, subpoena, governmental inquiry, or similar request or demand that seeks the disclosure of Confidential
Information, you agree to provide written notice to us within three calendar days. The notice must include a copy of the request or
demand (unless prohibited by law). At the conclusion of any negotiation, dispute, arbitration, legal action, or appeal, you must return all
Confidential Information, including copies, to us or our designee, within five calendar days of our written request. No copies of
Confidential Information, in any form, may be retained by you.
Effect of Arbitrator’s Decision. The arbitrator’s award will be final and binding, except that if the award for a party is $0, or against a
party is in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration under
the rules of the arbitration organization by a three-arbitrator panel. The appealing party requesting new arbitration will be responsible
for the filing fee and other arbitration costs subject to a final determination by the arbitrators of a fair apportionment of costs. Any court
having jurisdiction may enter judgment on the arbitrator’s award.
Certain Rights Reserved. Neither party waives the right to arbitrate by using self-help remedies or filing suit. This Arbitration Clause
will survive the consummation and performance of this Agreement.
Effect of Finding of Non-enforceability. If any part of this Arbitration Clause, other than the waiver of class action rights, is found to
be unenforceable for any reason, the remainder will remain enforceable. However, if a waiver of class action rights is found to be
unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause will
be unenforceable.
Choosing Arbitration. Either you or we may choose to have any dispute decided by arbitration, and not in court or by jury trial. Any
arbitration under this Arbitration Clause will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law
concerning arbitration. Any claim or dispute between you and us or our employees, agents, successors or assigns, which arises out of
or relates to this Agreement, the purchase or condition of this Vehicle, or any resulting transaction or relationship (including with third
parties who do not sign this Agreement) will, at our election, be resolved by neutral, binding arbitration and not by a court action. You
may choose one of the following arbitration organizations and its applicable rules: The American Arbitration Association, 335 Madison
Ave., Floor 10, New York, NY 10017-4605 (http://www.adr.org); JAMS, 1920 Main St., Ste. 300, Irvine, CA 92614 (http://www.jamsadr.com); or
any other organization that you may choose subject to our approval. You may get a copy of the rules of these organizations by
contacting the arbitration organization or visiting its website.
Class Action Waiver. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class
action. You expressly waive any right you may have to arbitrate a class action.
Place of Arbitration. The arbitration hearing will be conducted in the federal district of our corporate headquarters (United States
District Court for the Northern District of California).
Costs. We will advance your arbitration fee(s) up to a maximum of $1,500, which may be reimbursed to us if the arbitrator decides.
Each party will be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator.
Confidentiality. “Confidential Information” means any information disclosed by us, our attorneys, experts, agents, employees or
similar persons or entities during negotiation, dispute, arbitration, or legal action to obtain injunctive relief or enforce an arbitration order
and that is disclosed to you, your attorneys, experts, agents, contractors, or similar persons, or any arbitrator, court, governmental
agency or similar person, agency or entity. You understand that (1) the Vehicle being purchased is unique in the marketplace, the
result of years of research and development, and (2) the disclosure of our Confidential Information relating to the Vehicle will irreparably
harm us, and that (3) we will have no adequate legal remedy. Before you disclose any Confidential Information in any dispute,
arbitration, legal action, or appeal, you agree to provide written notice to us and seek an Order that all Confidential Information be filed
only under seal, and that any proceeding where Confidential Information may be disclosed will be closed to all persons other than the
arbitrator, reporter for the arbitration (if used), court personnel, the parties, their attorneys, experts, and witnesses (when testifying). If
you receive an order, subpoena, governmental inquiry, or similar request or demand that seeks the disclosure of Confidential
Information, you agree to provide written notice to us within three calendar days. The notice must include a copy of the request or
demand (unless prohibited by law). At the conclusion of any negotiation, dispute, arbitration, legal action, or appeal, you must return all
Confidential Information, including copies, to us or our designee, within five calendar days of our written request. No copies of
Confidential Information, in any form, may be retained by you.
Effect of Arbitrator’s Decision. The arbitrator’s award will be final and binding, except that if the award for a party is $0, or against a
party is in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration under
the rules of the arbitration organization by a three-arbitrator panel. The appealing party requesting new arbitration will be responsible
for the filing fee and other arbitration costs subject to a final determination by the arbitrators of a fair apportionment of costs. Any court
having jurisdiction may enter judgment on the arbitrator’s award.
Certain Rights Reserved. Neither party waives the right to arbitrate by using self-help remedies or filing suit. This Arbitration Clause
will survive the consummation and performance of this Agreement.
Effect of Finding of Non-enforceability. If any part of this Arbitration Clause, other than the waiver of class action rights, is found to
be unenforceable for any reason, the remainder will remain enforceable. However, if a waiver of class action rights is found to be
unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause will
be unenforceable.
Todd Burch
14-Year Member
Yeah it's interesting that he's talking about the car not starting and the doors not opening, but the they're driving the car around in the video. Which is it?
Maybe the lawyer just needs to RTFM.
Maybe the lawyer just needs to RTFM.
I think you hit this one on the head. I seem to recall that montgom626 had a White Model S, and the article says the owner is "Robert Montgomery".
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