The lead plaintiff in the case, Nyree Hinton, bought a used Model Y with less than 37,000 miles (59,546 km) on the odometer. Within six months, it had pushed past the 50,000-mile (80,467 km) mark, at which point the car’s bumper-to-bumper warranty expired. (Like virtually all EVs, Tesla powertrains have a separate warranty that lasts much longer.)

For this six-month period, Hinton says his Model Y odometer gained 13,228 miles (21,288 km). By comparison, averages of his three previous vehicles showed that with the same commute, he was only driving 6,086 miles (9,794 km) per 6 months.