Where the case stands: the preparation is nearly complete

Since the update of 18 June, it has been quiet on the outside. Not behind the scenes. A possible collective action in the Netherlands under the WAMCA on behalf of thousands of owners against Tesla's Dutch entities takes a lot of preparation, and that preparation is nearly complete. Below you can read, among other things, what has happened recently, what the new evidence shows, who will bring any proceedings and what you can do now. The short answer: the preparation is nearly complete, registering remains free, and what you need to do is limited.

What has happened recently

• The groundwork. The legal grounds for a possible procedure under the WAMCA, and the group, have been thought through. A procedure will cover at least two heads of damage. Those who bought the FSD package wrongly paid the purchase price. In addition, Tesla sold HW3 cars with the statement that the hardware was capable of fully autonomous driving. The inability to keep that promise affects the value of an HW3 Tesla. This head of damage can also apply to those who didn't buy the FSD package.
• The damage. A damages expert has made a first estimate of the damage for the group in the Netherlands.
• The funding. A WAMCA procedure requires external funding. The process of obtaining such funding is in its final stage.
• You. 8,668 verified registrations from 42 countries, without a single euro spent on advertising, and 1,937 documents in the Glovebox, among them 795 purchase contracts.

The evidence has grown stronger

Much information has been added in recent months, and it all points the same way.

• Approved in ten EU countries, nowhere on HW3. After the Netherlands, Lithuania, Estonia, Denmark, Belgium, Slovenia, the Czech Republic, Croatia, Slovakia and Latvia recognised the RDW's approval. Asked whether Tesla applied for approval with HW3 and/or HW4, the RDW replied in writing that a type-approval application was made with HW4 and that the type approval was granted for it. There is no known HW3 application.
• No procedure for older cars. On 23 June 2026 the Finnish regulator Traficom wrote that the approval applies to Teslas with the latest hardware generation, and that for older cars the manufacturer has not initiated a corresponding procedure. The 'v14 Lite' that Tesla announced for HW3 is not part of the version approved in the EU.
• What happens in the US says nothing about Europe. When it granted the approval, the RDW wrote that the version in the US is 'NOT comparable' to the version in the EU.
• A new name, and subscription only. On 8 October Tesla renamed FSD (Supervised) in Europe to 'Tesla Assisted Driving'. A participant with a 2019 Model X and a separately purchased FSD package received a message about the name change in the Tesla app on 16 October, with the sentence: 'You don't need to do anything.' Tesla no longer sells the system in Europe as a one-time purchase, only as a subscription of €99 per month. According to Tesla, availability may depend on factors including the car's hardware.
• Still no plan for HW3. On the earnings call of 22 July 2026, Elon Musk said: 'I think it's going to make sense to upgrade all cars that have less than Hardware four.' He gave no plan, date or price. On the earnings call of 21 October 2026, Tesla did not answer the submitted shareholder question about HW3, although, measured in shares, it was the fifth most supported question.

The jurisdictions page shows, per country, when and by whom the system was approved, with the source. The evidence page holds the documents themselves.

Who will bring the case, if there is one: a foundation

A collective action under the WAMCA is not brought by the people affected themselves, but by an organisation that represents their interests: in practice, that is a foundation without a profit motive, with an independent board and a supervisory board. Should the foundation and Tesla not reach a settlement by mutual agreement, and legal proceedings therefore be necessary, the court first assesses whether the foundation may bring the case. Is the foundation representative enough, does its board operate independently, and are the arrangements with service providers and the external funder acceptable? Only once the court appoints the foundation as representative does the case turn to the merits.

It will shortly be made known which foundation will act as collective representative. I am not and will not become a director of this foundation, I will not hold a supervisory role and I will have no say over the decisions the foundation takes.

What it costs you

The foundation represents the affected owners. Affected owners pay nothing to register. Affected owners are not a party to the proceedings, so even if the case is lost, they pay no legal costs. The external litigation funder funds all costs and bears the risk of losing the case. In return, the funder receives a pre-agreed share of the proceeds if the case succeeds. The court reviews these funding arrangements. Affected owners who find these arrangements unreasonable have the right to opt out and bring their own case against Tesla.

How a WAMCA case proceeds

1. Summons. The foundation enters into talks with Tesla. If those talks produce no solution, the foundation can summon Tesla. The case is entered in the central register for collective claims.
2. Admissibility. The court assesses whether the foundation may bring the case: representativeness, board, funding.
3. Appointment. The court appoints the foundation as exclusive representative and defines the group.
4. Opt-out. If you live in the Netherlands and belong to the group, you take part automatically. If you don't want that, you opt out within the period set by the court. If you live outside the Netherlands but have a contract with Tesla Motors Netherlands B.V., you opt in within that period. If you bought from a non-Dutch Tesla entity, the Dutch case probably does not cover your purchase. Your registration stays in place. We are looking into what is possible in your country. We make no promises.
5. The merits. Only then does the case turn to whether Tesla is liable, and for what damage.

A settlement is possible at any stage. The court then reviews it, and then too you can opt out. If there is a judgment or a settlement, it is assessed for each affected owner whether they belong to the group and what amount goes with that. That requires your data and documents.

What you can do now

1. Upload your purchase contract in the Glovebox in your dashboard, if you haven't already. The foundation has to show the court that a sufficiently large part of the group supports the case. Every registration and every purchase contract helps meet that threshold.
2. Complete your details. In which country did you buy your Tesla, new or second-hand, private or business, bought or leased, and did you buy FSD? Have you already been in contact with Tesla about FSD on your HW3, by email, chat or phone? Note the date in your dashboard and upload the email or chat in the Glovebox.
3. Take care when trading in. If you trade in with Tesla, first read whether you are waiving your claim by doing so, and upload the offer in the Glovebox. If you sell or trade in your Tesla, your registration stays in place. Indicate in your dashboard that you no longer have the car.
4. Know where you stand on the limitation period. Under Dutch law, proceedings brought by the foundation in principle interrupt the limitation period on behalf of at least the members of its constituency. Unsure whether that is sufficient for your specific case? Then discuss it with a lawyer, and if necessary take a step yourself to interrupt the limitation period.
5. Point other HW3 owners to the site. They can register at hw3claim.nl.

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What this is and isn't

Registering remains free and without obligation. This is not legal advice and no attorney-client relationship is created. The outcome of any proceedings is uncertain and depends on the court or a settlement.