More Recalls Being Fixed with Software Updates
October 31, 2024- Categories: Lemon Law
With the continued emergence of sophisticated technology and artificial intelligence (AI), more recalls are being fixed with software updates. Rather than loud announcements and press releases compelled by federal regulators, recalls can now be more quietly executed by manufacturers who send digital information to vehicle owners providing software updates and enhancements that will enable their cars, trucks, and SUVs to function more efficiently and safely.
Over-the-air (OTA) updates are revisions to software or firmware provided wirelessly to electronic devices, like in-vehicle digital systems or mobile phones. As cars and trucks become more computerized, manufacturers can deliver updates and revise vehicle software, including providing enhancements to infotainment systems and driver assistance. Software is used to correct a vehicle problem, providing manufacturers with an increasingly cost-effective way to address hardware defects and deficiencies. Under federal law, these updates are considered recalls, but they carry a less onerous connotation than do traditional car and truck recalls, which often suggest defects, safety glitches, and mistakes made in manufacturing.
Many Newer Vehicle Recalls Fixed with Over-The-Air Software Updates
Wireless vehicle enhancements are changing the auto recall game. Unlike in days gone by, many newer vehicle recalls are fixed with over-the-air software updates. This is revolutionizing the auto industry, making it easier for vehicle owners to access updates and corrective software. Nonetheless, carmakers are still required by federal law to notify drivers by U.S. mail of defect reports within 60 days of filing such a report with the National Highway Traffic Safety Administration (NHTSA). This makes some auto industry chiefs squirm because they believe calling software updates “recalls” can be misleading.
Replacing defective car or truck parts will always require a trip to the dealership service department, but corrections or upgrades to vehicle software can be delivered and installed wirelessly via the internet. This is the brave new world of vehicle recalls. But a car can still be a lemon even if a recall was issued via OTA software updates. A car or truck with a chronic electrical or mechanical defect – even a highly computerized one – can still qualify for lemon law protection in California if criteria in the state lemon law are met.
Do you believe you purchased a lemon vehicle with a chronic defect that is never corrected no matter how many OTA updates are issued? If so, the skilled and experienced lemon law attorneys at Neale & Fhima can fight for your rights to secure a replacement vehicle or force the manufacturer to repurchase the defective car or truck.
Neale & Fhima has a 99% success rate in lemon law cases. Contact Neale & Fhima at 949-661-1007 to schedule a free phone call, video meeting, or in-person consultation.
Tesla Autopilot Recall for 2 Million Vehicles — OTA Updates
Tesla issued a recall on Dec. 12, 2023, using the over-the-air method to fix more than 2 million vehicles after regulators said Tesla’s Autopilot driver-assistance system did not do enough to guard against misuse. Tesla also issued a 2.2 million vehicle recall in February 2024 of nearly all of the vehicles it has sold in the U.S. because some of the warning lights on the instrument panel are too small. Federal regulators noted that the brake, park, and anti-lock brake warning lights have a smaller font size than required by federal safety standards. Tesla has already started issuing an OTA software update designed to fix the problem.
Software is increasingly critical to how vehicles function. Software’s role in mobility is growing exponentially with the widespread sale and use of electric vehicles. Automotive software now lies at the heart of manufacturing, design, and in-cabin systems as well as OTA upgrades and enhancements. It’s important to remember that California lemon law also applies to electric vehicles.
Vehicle Software
Researchers predict that by 2028, U.S. automakers will have shifted dramatically to OTA recall remedies to save $1.5 billion in costs. Performing software updates in person costs original equipment manufacturers (OEMs) $500 million annually. In 2022, nearly 10 million vehicles were recalled in the U.S. due to software-related issues. Vehicle software has become ubiquitous in almost all makes and models, so OTA remedies for vehicle software corrections and enhancements seem the logical next step in the evolution of the auto industry. Traditional vehicle recalls can disrupt manufacturer operations and damage brand image, but OTA vehicle software updates appear to be a kinder, gentler approach to getting vehicles fixed.
But vehicle software updates can’t fix every problem if a car or truck has a chronic electrical or mechanical defect. Vehicle owners may have to pursue a legal remedy if they purchased a lemon that can’t be corrected with OTA software updates or even repeated trips to the mechanic.
Contact Neale & Fhima for Help with Your Case
If you’ve purchased a lemon vehicle in California and are frustrated, you shouldn’t give up hope. Neale & Fhima has a 99% success rate in lemon law cases. Our lemon law attorneys know California lemon law inside and out, and we can interpret the law in ways that favor our clients. Attorney Aaron Fhima is among the best and the brightest. The glowing testimonials we receive from satisfied clients speak to the hard work and skill we bring to every client’s case.
We have successfully qualified defective vehicles even if they were purchased longer ago than the lemon law statute of limitations in California. That’s because we have filed countless lemon law claims and have decades of experience in California courts. If you own a defective Tesla, our Tesla lemon law attorneys can file a claim on your behalf and seek a remedy for your electric vehicle. You don’t have to get stuck with a car or truck that spends more time in the repair shop than out on the road. Contact Neale & Fhima at 949-661-1007 for a free initial consultation about your case. We will explain your legal options and advise you about next steps.
Attorney Aaron Fhima
Attorney Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights.
