Two Democratic senators have asked the new chair of the Federal Trade Commission to investigate Tesla’s statements about the autonomous capabilities of its Autopilot and Full Self-Driving systems. The senators, Edward Markey (D-Mass.) and Richard Blumenthal (D-Conn.), expressed particular concern over Tesla misleading customers into thinking their vehicles are capable of fully autonomous driving.
“Tesla’s marketing has repeatedly overstated the capabilities of its vehicles, and these statements increasingly pose a threat to motorists and other users of the road,” they said. “Accordingly, we urge you to open an investigation into potentially deceptive and unfair practices in Tesla’s advertising and marketing of its driving automation systems and take appropriate enforcement action to ensure the safety of all drivers on the road.”
In their letter to new FTC Chair Lina Khan, they point to a 2019 YouTube video Tesla posted to its channel, which shows a Tesla driving autonomously. The roughly two-minute video is titled “Full Self-Driving” and has been viewed more than 18 million times.
"Their claims put Tesla drivers – and all of the travelling public – at risk of serious injury or death,” the senators wrote.
When it comes to Tesla and formal investigations, when it rains, it pours. The letter was published just two days after the National Highway Transportation Safety Administration said it had opened a preliminary investigation into incidents involving Teslas crashing into parked emergency vehicles.
Lina Khan is the youngest person to ever chair the FTC. She’s widely considered the most progressive appointment in recent history, particularly for her scholarship on antitrust law. But should the FTC choose to investigate Tesla, the case would likely have nothing to do with antitrust law and instead fall under the purview of consumer protection. The FTC has the authority to investigate false or misleading claims from companies regarding their products.
This is not the first time prominent figures have called on the FTC to open an investigation into Tesla’s claims. The Center for Auto Safety and Consumer Watchdog, two special interest groups, also sent a letter in 2018 to the commission over the marketing of Autopilot features. The following year, the NHTSA urged the FTC to investigate whether claims made by Tesla CEO Elon Musk on the Model 3’s safety “constitute[d] unfair or deceptive acts or practices.”
Tesla charges $10,000 for access to a “Full Self-Driving” option at the point of sale, or as a subscription. The company is currently testing beta version 9 of FSD with a few thousand drivers, but the senators take aim at the beta version, too. “After the [beta 9] update, drivers have posted videos online showing their updated Tesla vehicles making unexpected maneuvers that require human intervention to prevent a crash,” they write. “Mr. Musk’s tepid precautions tucked away on social media are no excuse for misleading drivers and endangering the lives of everyone on the road.”