Specific Auto Problems

Tesla Model 3 and Model Y Phantom Braking Class Action Lawsuit: Protect Your Rights with Our Lemon Law Attorneys

Posted by Howard Gutman | Jul 28, 2023 | 0 Comments

Tesla Model Y Phantom Braking Lawsuit

A recent class action lawsuit has been filed against Tesla, raising serious concerns about phantom braking incidents in their 2021-2022 Model 3 and Model Y vehicles. This article delves into the allegations, hazards, government involvement, and Tesla's awareness of the issue.

The Allegations

  1. Rushed Autopilot Technology: The class action lawsuit alleges that Tesla's Autopilot feature was rushed to market without adequate testing, potentially compromising its safety.
  2. Defective Automatic Emergency Braking (AEB): The AEB system, intended to enhance vehicle safety, is accused of being defective and engaging in sudden and unwarranted braking, even when no obstacles are present.

The Hazards

  1. Unpredictable Braking: Tesla Model 3 and Model Y vehicles are allegedly experiencing sudden and unexpected stops in the middle of traffic due to Autopilot and AEB malfunctions.
  2. Driver Control: Drivers claim that during phantom braking incidents, they lose control of their vehicle's speed, leading to an increased risk of rear-end collisions and hazardous road situations.
  3. Higher Crash Rates: According to the class action lawsuit, Tesla's advanced driver assistance system (ADAS) is allegedly responsible for 70% of ADAS-related crashes in the U.S., raising concerns about its safety compared to systems from other automakers.

Government Involvement

The National Highway Traffic Safety Administration (NHTSA) has received numerous complaints regarding phantom braking incidents. A formal investigation into these incidents is ongoing and focuses on 2021-2022 Model 3 and Model Y vehicles. By May 2022, over 750 unintended sudden braking incidents were reported to the government agency.

Tesla's Awareness

Plaintiffs in the class action lawsuit assert that Tesla might have been aware of phantom braking issues before the affected vehicles were sold. This raises questions about the safety measures implemented during the release of the vehicles.

Owner's Manual Warnings

While warnings are present in the owner's manuals, the lawsuit argues that they are inadequately communicated to customers, potentially leaving drivers unaware of the true risks associated with phantom braking.

Previous Legal Scrutiny

Notably, a similar lawsuit was filed against Tesla last year but was later voluntarily dismissed without prejudice approximately a month after filing. Additionally, lawmakers have called for investigations into Tesla's safety practices related to braking flaws.


The Tesla phantom braking class action lawsuit has brought attention to serious safety concerns regarding Model 3 and Model Y vehicles equipped with Autopilot and automatic emergency braking (AEB) systems. Allegations of rushed technology and defective AEB have led to sudden and dangerous phantom braking incidents.

As the National Highway Traffic Safety Administration (NHTSA) investigation continues, it is crucial for Tesla to address and resolve these issues promptly. Customers deserve confidence in their vehicle's safety features, and any malfunctions that compromise road safety require urgent action.

The outcome of this lawsuit could have far-reaching implications for ADAS technology and industry practices. Manufacturers must prioritize thorough testing and transparency to ensure the safety of their vehicles.

Experiencing vehicle issues? Explore potential claims, including:
  • Magnuson-Moss Claim: Federal law safeguards consumers who purchase products with warranties, ensuring fairness and remedies for defects.
  • Breach of Express Warranty Claim: Manufacturers must uphold the promises made in their warranties. If they fail to do so, you may have grounds for this claim.
  • Deceptive Practices Claim: If you've been misled or deceived during the purchase or repair process, you may have grounds for this claim.
  • Breach of Implied Warranty Claim: Your vehicle should meet certain expectations of quality and performance, and if it doesn't, you may have a case under this claim.
  • Lemon Law Claim: Is your vehicle a constant source of frustration due to defects? Lemon laws provide recourse for consumers in such situations.

If you own a 2021-2022 Tesla Model 3 or Model Y and have experienced phantom braking incidents, contact our experienced attorneys today at (973) 598-1980 for a free consultation. We are committed to advocating for your rights and seeking appropriate solutions to these alleged safety hazards. Your safety is our priority.

  • Tesla Again Sued for Phantom Braking | The BRAKE Report
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About the Author

Howard Gutman

Hiring an attorney can be a stressful and confusing situation.  You want an expert, honest, personal approach to your case.  The Law Office of Howard Gutman has been fighting for consumer rights and representing commercial interests for over 20 years.  We have a deep knowledge of fraud, consumer,...


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