Tesla confronted by U.S. Senators regarding ‘forced arbitration’

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Tesla has received a public letter from a group of U.S. Senators asking the company to alter its policy regarding forced arbitration.

Tesla and its CEO, Elon Musk, are no strangers to receiving public letters from the United States Senate. Senators, notably Richard Blumenthal and Elizabeth Warren, have often raised concerns regarding the company’s policies and tactics. Now, Tesla CEO Elon Musk has received yet another letter, this one regarding Tesla’s use of “forced arbitration.”

The letter published earlier this week, initially reported by CNBC, is signed by seven Senators, including Richard Blumenthal (D, CT), Sherrod Brown (D, OH), Dick Durbin (D, IL), Ed Markey (D, MA), Jeff Merkley (D, OR) Bernie Sanders (I, VT), and Elizabeth Warren (D, MA). As noted above, the letter focuses on Tesla’s use of “forced arbitration” within employment and consumer contracts.

As the Senators’ letter pointed out, forced arbitration is nothing new within America’s largest companies. In essence, forced arbitration is added to a contract to prevent the signatory from suing the contract issuer, instead forcing them to use a private arbitration system outside the public legal system. While technically, a contract signatory can appeal the arbitration clause to a public judge; they are often forced to remain within the private system. In the case of Tesla, this is used in employment and consumer contracts.

Besides keeping employee or consumer complaints out of the public eye, according to the Senators, when a case is settled within arbitration, it can result in significantly less or no rewards granted to potential victims.

In the case of Tesla, the group of Senators argue that this system of forced arbitration has hidden instances of sexual harassment, racial discrimination, and consumer safety issues from the public eye. As evidence of their claims, the Senators note that Tesla’s Fremont facility, in particular, has had five times the average number of lawsuits filed against it by employees, including a recent case of racial discrimination and sexual harassment.

Neither Tesla nor Elon Musk has responded publically to the allegations put forward in the letter from the Senators.

Besides asking for Tesla to end its use of forced arbitration, the Senators are also enquiring about the company’s past policy use. The senators include a laundry list of questions, including but not limited to asking how often the policy has been used, what types of suites the arbitration typically solves, and what consumer complaints have been addressed via the arbitration system.

The letter from the Senators is available below:

05082023 Tesla Forced Arbitration Letter by William Johnson on Scribd

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Tesla confronted by U.S. Senators regarding ‘forced arbitration’

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Tesla to roll out FSD free trial in North America once system is “super smooth”

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Tesla CEO Elon Musk has noted that the electric vehicle maker will be rolling out a free month trial of FSD for the company’s cars in North America. The program will be extended globally, at least once FSD is approved by regulators in specific countries.

Musk shared his recent comments in a post on Twitter. While the idea of Tesla’s vehicles receiving an FSD free trial for a month is exciting, Musk explained that the system must be “super smooth” before the program could be rolled out. This means that Tesla still has quite a bit of work to do before the program is implemented.

“Once FSD is super smooth (not just safe), we will roll out a free month trial for all cars in North America. Then extend to the rest of the world after we ensure it works well on local roads and regulators approve it in that country,” Musk wrote.

Musk’s post was met with optimism, particularly among some Tesla owners who are part of the company’s FSD Beta program. Some users, such as the host of the Dirty Tesla YouTube channel, observed that Full Self-Driving Beta is actually a lot smoother these days compared to before. Elon Musk responded to the Tesla owner’s comment, and his post provided some important details on the company’s FSD development strategy.

According to Musk, Tesla prioritizes safety over smoothness. This would explain some of the comments from FSD Beta testers who noted that some releases felt less polished than their predecessors. The Tesla CEO noted that Tesla polishes the FSD experience once the system achieves a higher tier of safety.

“We always prioritize safety over smoothness. After we achieve a higher tier of safety, then we polish the experience. It is very important to be both safe and smooth for new users to be comfortable with FSD,” Musk wrote.

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Tesla to roll out FSD free trial in North America once system is “super smooth”

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Elon Musk provides critical context on hotly-debated “emerald mine” story

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There are several points of legitimate criticism that are directed at Tesla and SpaceX CEO Elon Musk. Among the most persistent involves claims about an emerald mine, which critics on social media have related to Musk’s fortune and success being built on the back of “stolen jewels,” “blood diamonds,” or “apartheid,” for that matter.

Considering the prevalence of the story, it was no wonder that the claim emerged on Twitter this weekend. This time around, it came in the form of a Community Note on Twitter, which responded to a user’s post stating that Musk had come to the US with no money and graduated with over $100,000 in debt, and that the CEO worked two jobs while he was at school.

As per the Community Note, which has since disappeared from the post, the post was reportedly “misleading” because Musk “was born into an extremely wealthy family in South Africa.” The Community Note received polarizing reactions on Twitter, with supporters of the CEO stating that it was inaccurate and critics celebrating it.

The Musk Emerald Story’s Roots

It should be noted that the Musk family’s relation to an emerald mine was referenced years ago, initially in two reports from Business Insider South Africa from 2018. The reports were based on comments from Errol Musk, Elon Musk’s father, who told the publication, among other things, that Elon and Kimbal at one time sold a pair of emeralds to Tiffany’s in New York City for about $2,000, and that the Musk family was so wealthy that they had difficulty closing their safe.

Now, the idea of Tiffany’s purchasing emeralds from teenagers who walked in the store may be a bit suspect, as such practices are more commonly affiliated with traditional pawnshops, and the idea of a safe not being closed easily because of too much money inside may sound cartoony, but Business Insider South Africa ran with the story anyway. At the end of the article, however, the publication noted that Errol’s story could not be confirmed by Elon because the father and son have a complicated history.

Elon Musk’s Changing Narrative

What is rather interesting here is that Musk has actually referenced an emerald mine in past interviews as well. In a 2014 interview with Forbes, Musk noted that “This is going to sound slightly crazy, but my father also had a share in an Emerald mine in Zambia.” In posts on Twitter in December 2019, however, Musk noted that his father “didn’t own an emerald mine.” Granted, there’s a notable difference between “owning” a mine and “having a share” in one, but the apparent change in Musk’s narrative is notable.

The Crucial Piece

Fortunately, Musk’s recent post on Twitter provided some critical context on why his own interviews and later posts and comments contradict each other. As noted by Musk in his recent post, he actually believed that it was true for some time because his father told him that he owned a share in a mine in Zambia. However, it appears that nobody has really seen the mine, and he and his brother Kimbal are still financially supporting their father, even until today. Musk also shared some thoughts on his complicated relationship with his father.

“Our condition of providing him financial support was that he not engage in bad behavior. Unfortunately, he nonetheless did. There are young children involved, so we continued to provide financial support for their well-being. Regarding the so-called “emerald mine”, there is no objective evidence whatsoever that this mine ever existed. He told me that he owned a share in a mine in Zambia, and I believed him for a while, but nobody has ever seen the mine, nor are there any records of its existence. If this mine was real, he would not require financial support from my brother and me,” Musk wrote.

Whether or not Musk is telling the complete truth in his recent post on Twitter is still up for question. That being said, Musk’s post does explain why his comments and stance on his father’s emerald mine stake have changed over the years. If his post is accurate, then it is true that he believed that his father had a share in an emerald mine in the past, but it is also true that he is very skeptical of the claim today. His recent comments then, one of which is offering 1 million Dogecoins to anyone who can trace the emerald mine related to his father, would make sense.

Maye Musk, Elon Musk’s mother, also provided her own thoughts on the matter. As per Maye, she was made aware of the emerald mine story on Twitter about ten years ago. That being said, she also highlighted that when she and her children moved to Toronto in 1989, they stayed at a one-bedroom apartment and later a rent-controlled unit, hardly the accommodations of an extremely wealthy family from South Africa.

Errol Musk’s Most Recent Comments

To be fair, recent comments from Errol Musk also suggested that the emerald mine that he had a share in was not some grand operation that resulted in generational wealth.

“What Elon is saying is that there was no formal mine. It was a rock formation protruding from the ground in the middle of nowhere. There was no mining company. There are no signed agreements or financial statements. No one owned anything. The deal was done on a handshake with the Italian man at a time when Zambia was a free for all. Not even he knew exactly where the border was. At that time, it was like the Wild West,” Errol Musk told news.com.au.

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Elon Musk provides critical context on hotly-debated “emerald mine” story

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