Comment by kjksf

1 year ago

Not in the legal sense.

Per ChatGPT the government agency that can sue you for false advertising is FTC, not DMV.

One of the DMV claims is that Tesla misrepresents FSD capability but they didn't sue Tesla for false advertising.

Furthermore, it's not really a lawsuit.

Per https://www.theregister.com/2022/08/08/tesla_california_auto... DMV "filed with the Golden State' Office of Administrative Hearings (OAH) and allege that the company violated its manufacturer and dealer Occupational Licenses."

They want Tesla to respond that notice and "If Tesla chooses to respond, there will be discovery and response filings, leading to a hearing before an OAH administrative law judge. And if Tesla dislikes the result, it has the option to file an appeal in Superior Court."

Tesla wants (among other things) a jury trial, not a decision by OAH administrative law judge.

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kjksf

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ceejayoz  1 year ago

> Per ChatGPT the government agency that can sue you for false advertising is FTC, not DMV.

I would strongly recommend you not go to ChatGPT for legal advice in the future.

(Ask it about this; "No, you should not use ChatGPT or any other AI language model as a source for legal advice. While ChatGPT can generate responses based on patterns it learned from diverse data, it does not have the ability to provide accurate, up-to-date legal information. Legal matters are complex and often require a deep understanding of specific jurisdictional laws, recent legal developments, and the unique details of each case. Relying on AI for legal advice can lead to misunderstandings, misinterpretations, and potential legal consequences.")

The complaint is readily available for you to review: https://regmedia.co.uk/2022/08/08/tesla_dealer_complaint.pdf

> Respondent made untrue or misleading statements in advertisements in violation of Vehicle Code § 11713(a).

https://codes.findlaw.com/ca/vehicle-code/veh-sect-11713/

> A holder of a license issued under this article shall not do any of the following: (a) Make or disseminate, or cause to be made or disseminated, before the public in this state, in a newspaper or other publication, or an advertising device, or by public outcry or proclamation, or in any other manner or means whatever, a statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading; or to so make or disseminate, or cause to be so disseminated, a statement as part of a plan or scheme with the intent not to sell a vehicle or service so advertised at the price stated therein, or as so advertised.

The basic legal concept that permits both the Feds and individual states to separately create and enforce rules on advertising is https://en.wikipedia.org/wiki/Federalism.

rsynnott  1 year ago

> Per ChatGPT the government agency that can sue you for false advertising is FTC, not DMV.

... This is the first time I've ever seen someone actually doing this.

I would... be cautious of relying on stochastic parrots for legal advice.