First the announcement from Elon: "[Ludicrous Mode] ...results in is a 10% improvement in the 0 to 60 mph time to 2.8 secs and a quarter mile time of 10.9 secs. Time to 155 mph is improved even more, resulting in a 20% reduction.This option will cost $10k for new buyers. In appreciation of our existing P85D owners, the pack electronics upgrade needed for Ludicrous Mode will be offered for the next six months at only $5k plus installation labor.". Then collect non-refundable deposit. Then add a disclaimer that it will not do what they originally told you - that's not a clarification, that is a change in specs. Bait and switch is a form of fraud in the US which I doubt Tesla would want to engage in - I suspect they will just issue a refund to those who request it, especially that it doesn't take a lawyers or money to refuse payment, simply calling the credit card company would start a fraud dispute.
Personally I don't need any faster 0-60. I placed the deposit down to get 30-80 power boost, which I originally expected to be a free sw update unleashing the advertised 691hp. At over $8,000 (after tax) only 0.2s 5-60 (car is not at 0 with at 1ft rollout) the upgrade is absolutely not worth it. Not sure whether this is a com issue, or did it turn out in testing that even with the bigger fuse, 85KWh battery simply cannot provide any more power. We already know pre-ludicrous the battery cannot source enough power for originally advertised 691hp (simple power calculation using max old fuse current and battery voltage will show you that). If ludicrous for P85D is only adding some 55hp (10% increase) in some very limited conditions, then at best it should be a free upgrade to all P85D's that were ordered when 691hp was advertised as a gesture of good faith (maybe ask for a liability release for the 691hp in exchange). No, I was not part of "the letter", but in the direction things are going I'm starting to feel partial to their message. But maybe I'm getting ahead of myself, let's see what happens by the time the upgrade will actually become available.