But LoSavio had opted out of the arbitration agreement and was given the option of filing an amended complaint.

This is why it’s important to opt out of arbitration!

Also notice the potential for fuckery in the statute of limitations here:

the relevant statutes of limitations range from two to four years, and LoSavio sued over five years after buying the car. Under the delayed discovery rule, the limitations period begins when “the plaintiff has, or should have, inquiry notice of the cause of action.”

But when Tesla declined to update his car’s cameras in April 2022, “LoSavio allegedly discovered that he had been misled by Tesla’s claim that his car had all the hardware needed for full automation.”

Without that specific moment to point to, to reset the clock through delayed discovery, Tesla could just say “Yeah, we lied, but you bought the lie for 5 years, so now we’re in the clear!”