On the morning of December 24, 2021, the case of Ms. Zhang of "roof rights protection" suing Tao Lin, global vice president of Tesla (Shanghai) Co., Ltd., Tesla Motors (Beijing) Co., Ltd. and Tesla, was heard in Beiguan District People's Court of Anyang City, Henan Province.
After the trial, Ms. Zhang was interviewed by Nandu reporter. She said that her biggest appeal was to "make a public apology to myself and restore my personal reputation" for Tesla's previous false statement and Tao Lin, Tesla's global vice president.
In response to this matter, Tesla once told reporters in Nandu that it respected the law and would actively respond to the lawsuit.
Photo from microblog @ coral in fresh water.
On December 29, 2021, Ms. rights car advocates that the trial of her reputation dispute with Tesla has been completed through her personal microblog @ coral in Danshui. The brake failure that the public is most concerned about is still being handled by AQSIQ and the court.
The lawsuit originated on April 19 last year. Wearing a "brake failure" T-shirt, Ms. Zhang appeared at the Tesla booth of Shanghai auto show and stood on the top of the car shouting "Tesla brake failure", which attracted attention. On April 20, 2021, Shanghai police informed that Zhang was sentenced to administrative detention for five days for disturbing public order.
Ms. Zhang's "brake failure" incident was an accident of her father in February last year. According to Ms. Zhang's media interview and description on social networking sites, when Ms. Zhang's father drove Tesla Model 3 on the national highway, the brake failed, resulting in a collision, and Ms. Zhang's parents were injured in the accident.
After the "roof rights protection" incident, Tesla denied that the car had the problem of brake failure. Tesla said that it had been unable to reach an agreement with Ms. Zhang on vehicle detection.
On the afternoon of April 19, 2021, Tao Lin, vice president of Tesla China, said in response to the rights protection incident to the media that "we can't respond to her demands. She insists on high compensation", "she has given the recent negative" and "I think she is very professional". This has also become the focus of the dispute over the right of reputation.
Recently, more than eight months after the "roof rights protection" incident, Ms. advocate of rights protection car accepted an interview with Nandu, revealed some details of the trial, responded to netizens' concerns about the truth of "brake failure", and explained why she has not accepted the vehicle for third-party testing. She said that the reputation right litigation is only the beginning, and the dispute over quality has entered the judicial process, which is the core of the whole event, and she will never give up.
dialogue with Ms. Tesla
never asked for high compensation,
Tesla is maliciously guiding public opinion
Nandu: what is the focus of your lawsuit against Tesla for violating the right of reputation?
Ms. Zhang: this court session is mainly aimed at some false statements made by Ms. Tao Lin, global vice president of Tesla, and Tesla's official microblogs in Beijing and Shanghai on my incident. On April 19, after the "roof rights protection" incident of Shanghai auto show, Ms. Tao Lin told reporters that they provided many solutions. I didn't agree. She said that I wanted high compensation, and that I provided the recent negative. She said that I was professional and there was someone behind me. All her remarks are fabricated facts. I think this is maliciously misleading public opinion, distorting facts and throwing dirty water on me. This is one of the main disputes (this lawsuit).
Tesla once said on the official microblog that during my rights protection, their local police went out on average five times a day. Can they submit evidence to the court? I think this is to slander me and make everyone think I am a professional "car trouble". I think these remarks of Tesla's official microblog and Ms. Tao Lin have seriously violated my personal reputation.
Nandu: Ms. Tao Lin said you wanted high compensation. What's the matter?
Ms. Zhang: from the accident on February 21 to the Shanghai auto show on April 19, there are 57 days. During these 57 days, Tesla has only provided me with a solution, that is, I hope I can agree with the insurance company to settle the claim. After the claim is settled, they repair the car for me and sell it for me. They promise to sell it for me at a good price. I couldn't accept this solution at that time. I think fixing it for me and selling it for me can solve the problem? I still haven't found out the truth of the matter. There is no "many solutions disagree" as Ms. Tao Lin said. This is the first point.
Second, she said that unreasonable demands could not be met. First of all, I have never made any unreasonable demands. My only demand is that Tesla provide data when the car has an accident. On April 21, the market supervision and Administration Bureau of Zhengdong New Area replied that the superior department clearly approved that the issue of "driving data generated during the use (driving) of pure electric cars" belongs to the scope of consumers' right to know, and my appeal is reasonable, legal and compliant.
The third point is that I have not asked for high compensation. On March 6, 2021, Tesla's PR asked me to go to their office and ask me what I wanted. He gave me a piece of paper to fill in. I wrote that the first was to return the car and the second was to reasonably compensate for the loss, but I didn't mention the amount. I mentioned the medical expenses, because after all, my parents were hospitalized. I think you (Tesla) can either provide data to convince me that there is no problem with the car. I can agree with the insurance company how to repair it. If you can't prove that your vehicle is OK, I think even if you breach the contract, you will return my car purchase money. But it became "high compensation" in Tesla's mouth.
Nandu: what are your demands in this reputation litigation?
Ms. Zhang: I hope they can publicly apologize to me for their untrue remarks and statements, and then restore my personal reputation, because they portray me as a professional car, as if I was blackmailing them. I think this is too unfair.
Nandu: did the trial go well? What do you expect from the result?
Ms. Zhang: because I have sufficient evidence, I am quite sure of this case. Tesla failed to submit evidence of my claim for high compensation in court.
In addition, as for the question that I disagree with the third-party testing, I questioned Tesla's legal representative. Tesla does not provide complete data. Which third-party testing organization can I go to detect whether there is a problem with the brake? Tesla's Legal Affairs said that Tesla's system is a pure mechanical structure, which can be detected by a third party. However, people all over the world know that Tesla's braking system is controlled by electronic modules, not purely mechanical systems.
rights protection for nearly a year,
Tesla has not provided me with complete data
Nandu: many netizens have questions. Why is the case about the right of reputation rather than brake failure?
Ms. Zhang: because the right of reputation was first filed, other lawsuits are going through judicial procedures, and AQSIQ is still investigating.
In fact, in the final analysis, the core problem is the need for data to be tested, because it leads to the damage of reputation. However, since Tesla has not yet provided complete data, and I have no way to directly sue for product problems, I can only file a reputation lawsuit first.
Nandu: I heard your car hasn't been tested yet?
Ms. Zhang: Yes. On March 9, I formally complained to the local market supervision department. When the three parties sat together for mediation, I was told that because my car was imported, there was only one institution in China that tested imported new energy vehicles, namely China Quality Certification Center. I wonder why there is only one testing agency in China? Later, after checking the Internet, I found that this organization has a cooperative relationship with Tesla, and it does not have judicial qualification, so it can not identify the quality of the accident vehicle at all.
I learned that Tesla's braking system is different from that of ordinary vehicles. It is not a pure mechanical system. So what I've been asking for is data.
Nandu: that is, you don't accept third-party testing until you get the data?
Ms. Zhang: Yes. Before I get the complete data, I can't accept the third-party test without judicial qualification, because the data is an important basis for the test. Without the complete data, I can't get the real, scientific and accurate test and appraisal results.
Nandu: but after the "roof rights protection", Zhengzhou Municipal Supervision Bureau ordered Tesla to provide you with data.
Ms. Zhang: on April 22, they provided me with a piece of data. At the same time, they released the one minute data of my vehicle to the outside world without my consent. However, later I contacted other Tesla owners and found that Tesla provided more than 20 data to other owners, but only 11 data were provided to me. Among them, there was a lack of data important to the braking system, such as the working state of kinetic energy recovery, braking assistance, motor torque and speed, body excitation and other project parameters important to the braking, Didn't offer it to me.
Comparing the data we got, I found that some of my data he didn't have and some of his data I didn't have, which can prove that Tesla is selectively providing data to car owners, and there is no problem from these data.
Nandu: that is to say, after the requirements of relevant departments, you still haven't got the complete data after more than half a year?
Ms. Zhang: Yes. On April 30, I returned to Zhengzhou from Shanghai. I told the market supervision bureau that the data provided by Tesla to me was incomplete, and gave them the incomplete evidence. At the same time, I also reported the situation to Henan Consumer Association, but there were no results. Later, I went to the state market supervision and administration to complain. In November, they gave me a reply, saying that the case was too complex and they needed to extend some working days to file a case for investigation.
I really hope the regulatory authorities can make a difference. If I can solve the problem when I first complain to the regulatory authorities, will I still go to the top of the car? Who is a girl willing to use this disgraceful and unsafe way? I was also detained for five days, which is really a grievance.
Nandu: are you in touch with other rights owners? What is their situation?
Ms. Zhang: I added a rights group. All car owners in the rights group can't get complete data. It is difficult for everyone to protect their rights, because data is evidence. Without data, identification cannot be done, and there is no authority to determine responsibility. Therefore, there is only one way left to file a lawsuit, but there is no data and no judicial expertise. What can we take to file a lawsuit? It's hard.
don't regret safeguarding rights,
regret buying Tesla
Nandu: what are your considerations in raising the claim amount for reputation disputes?
Ms. Zhang: at first, I just wanted them to make an apology and didn't want to put forward economic compensation. Later, my lawyer team gave me a reasonable suggestion and asked Tesla to compensate 50000. Later, it was changed because Tesla sued me in October and asked me to compensate them for 5 million. I think you have sued me for 5 million yuan. Why should I be polite to you? Is my reputation with my family less than one tenth that of Tesla? That's why I finally changed it to 500000.
Nandu: did the judge accept your request for change?
Ms. Zhang: Yes, our request for change has also been supported by the court.
Nandu: how do you feel about the fermentation of the "roof rights protection" incident?
Ms. Zhang: I don't regret defending rights. What I regret is why I bought Tesla at that time. When I bought it, I thought it was very environmentally friendly and could travel without restrictions. Tesla has an advertising slogan: Join Tesla to promote global sustainable development. I was moved by this sentence. I didn't expect that their attitude towards users was so strong. If I could think of it, I wouldn't buy this car.
Nandu: how do you feel now?
Ms. Zhang: after the Shanghai auto show, I was detained for five days. At the time of detention, I was very moved when I learned that Tesla apologized late at night. I think if he apologizes, my problem may be solved, and my efforts are worth it. I didn't expect that after I came out, they still had that attitude and didn't solve the problem for me.
They asked an employee to call my husband. The other party said it only represented individuals. We don't think we need to talk to anyone. But after this call, on April 25, Tesla issued another official statement, saying that it was actively contacting customers. At this time, we felt particularly bad.
Nandu: safeguarding rights costs a lot of time and economic costs. Now the accident has happened for nearly a year. What if the final appeal is still not met?
Ms. Zhang: I'm already going through the judicial process, although it's very slow. During this period, my life and spirit were under great pressure. I ran back and forth to Shanghai, Beijing, find a lawyer and the court. My life has been completely changed. It seems that there is only one thing left to protect my rights. I think justice may be late, but the law is fair. If there is a problem with the car, it is only a matter of time. I believe in the court's decision.
(21st Century Business Herald)
