By Collin Krabbe
Law360 (March 16, 2023, 7:25 PM EDT) -- Owners of Porsche's flagship electric performance car could lose their vehicles' fast-charging capabilities because of overheating issues and an update that throttles back charging speeds, a proposed class action contends.
Ian Bauser of Huntington, New York, said in Georgia federal court that he bought a 2022 Porsche Taycan GTS for more than $176,000 in April from a dealership in New York City and charged it using a Porsche Mobile Charger Connect, generally finding the speeds consistent with what Porsche advertised.
The chargers require an industrial outlet capable of providing 40 amperes of current to fully charge in the advertised window of 9½ hours to 10½ hours, Bauser says.
But Porsche owners and lessees started noticing the charger, along with another model, would often become "extremely hot to the touch" during charging. For some, the supply cables and plugs became so hot that they melted industrial outlets, Bauser alleges in the
complaint.
Instead of acknowledging the defect, the company blamed customers' electrical infrastructure and didn't offer to replace or repair the chargers, according to Bauser.
In August, Porsche circulated a service bulletin to technicians explaining the problem, the suit contends. The company purportedly issued an update that halved the charging speeds.
"Defendants sell devices that charge their electric and plug-in hybrid vehicles' batteries. But after a post-sale software change, the devices can only safely charge at half of their advertised rate. As a result, consumers who purchased the charging devices have paid for functionality that defendants advertise but that their devices cannot safely provide," according to the suit, filed Friday.
Despite this, Porsche continues to advertise the original fast charging times, which rely on the chargers drawing at least 40 amperes of current, according to the suit.
Bauser proposes a class of all people or entities who bought or leased a new Porsche vehicle equipped with one of the chargers in New York. He also said any applicable statutes of limitations have been tolled by the car company's "knowing and active concealment and denial of the facts alleged."
Bauser seeks damages and restitution and brought eight counts: breach of express warranty, breaking the New York State prohibition on deceptive acts and practices and on false advertising, unjust enrichment, money had and received, fraudulent misrepresentation, negligent misrepresentation in the alternative to money had and received and fraudulent concealment.
A representative for Porsche did not immediately respond to a request for comment Thursday.
Bauser is represented by E. Adam Webb and G. Franklin Lemond Jr. of Webb Klase & Lemond LLC, William H. Anderson and Simon Wiener of
Handley Farah & Anderson PLLC, Matthew D. Schelkopf and Joseph B. Kenney in Sauder Schelkopf LLC and Brian W. Warwick of Varnell & Warwick.
Counsel information for Porsche was not immediately available.