Sponsored

Need advice… PowerShare order cancelled without owner input.

kpg81

Well-known member
Joined
May 16, 2024
Threads
0
Messages
157
Reaction score
375
Location
Orange County, CA
Vehicles
Cyberbeast
Country flag
Same boat here!

Took delivery of my Beast on May 29th and Qmerit has STILL not scheduled my Powershare installation even though I approved the quote months ago.

Never got a voucher for the hardware, supposedly they said the hardware gets shipped to them but they now claim Tesla sent them batches of hardware with no customer info, so they have no idea who to assign the hardware to now? That was the latest BS story I heard last month

It's now been 4 months and still nothing, seems like a total scam to me and I'm not sure how to proceed from here..
Sponsored

 
OP
OP
LDRHAWKE

LDRHAWKE

Well-known member
First Name
John
Joined
Dec 24, 2019
Threads
43
Messages
523
Reaction score
716
Location
Saint Augustine, Fl
Vehicles
Cyber Beast, GTS1000,FJR1300, Aprillia Scarabeo,
Occupation
Retired Engineer
Country flag
Here is the legal process in Florida…..


The legal process for recovery of loss under Florida's bait and switch laws, primarily governed by the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), involves several steps:

1. **Understanding FDUTPA**: This act aims to protect consumers from deceptive and unfair trade practices. Bait and switch, where a business advertises an enticing offer but then pressures the consumer into purchasing a different, often more expensive product, is considered a deceptive practice under FDUTPA.

2. **Identifying the Violation**:
- **Bait**: The consumer must have been attracted by an advertisement or offer.
- **Switch**: The consumer is then pressured or misled into buying something else, usually of lesser value or higher cost.

3. **Gathering Evidence**:
- Document the advertisement or offer that served as the "bait."
- Collect any communications or sales pitches that led to the "switch."
- Keep receipts, contracts, or any other documentation related to the transaction.

4. **Filing a Complaint**:
- **Directly with the Business**: Sometimes, businesses might rectify the situation if presented with clear evidence of wrongdoing.
- **Consumer Protection Agencies**: File a complaint with the Florida Attorney General's Office or other relevant consumer protection agencies. While these agencies might not directly handle your case, they can investigate and take action against repeat offenders.

5. **Legal Action**:
- **Private Lawsuit**: Under FDUTPA, consumers can sue for damages. Here's what might be involved:
- **Proving Deception**: Show that the business engaged in practices that were likely to mislead consumers, based on the standards set by the FTC or previous Florida court rulings.
- **Damages**: Actual damages can be sought, which might include the difference between what was promised and what was delivered. Additionally, if the violation was willful, up to $10,000 per violation can be claimed.
- **Attorney Fees**: If you win, you might recover attorney fees, making legal action more feasible.

6. **Class Action**: If many consumers were affected, consider joining or initiating a class action lawsuit, which can be more effective against large corporations.

7. **Court Process**:
- **Filing**: You or your attorney would file a complaint in a Florida court detailing the violation.
- **Discovery**: Both sides gather evidence, which might include depositions, document requests, etc.
- **Settlement or Trial**: Most cases settle out of court. If not, a trial would determine if a bait and switch occurred and what damages are owed.

8. **Post-Judgment**: If you win, the court might order the defendant to pay damages, possibly including punitive damages if the act was particularly egregious or willful.

9. **Appeals**: Either party might appeal the decision, prolonging the process.

Remember, while the FDUTPA provides a framework for consumer protection, each case's specifics can affect outcomes. Legal advice tailored to your situation would be beneficial, especially considering the nuances of proving deception, the potential for class actions, and the specifics of Florida law as it might have evolved or been interpreted in recent cases. Always consult with legal professionals for the most current and applicable advice.
 

Guylouis

Well-known member
First Name
Guy
Joined
Dec 18, 2023
Threads
14
Messages
678
Reaction score
1,064
Location
San Diego
Vehicles
F.S. CyberBeast, XP, YP, 3P
Country flag
There was never a program that gave $1800 + 4k install credit.

Here is a breakdown of the programs:

early beast deliveries received:

free PowerShare hardware + *up to 4k in install credit OR 1 year free supercharging

early AWD deliveries:

free PowerShare equipment OR 6 months free supercharging

There were a limited batch of customers that received both free supercharging & an $1800 voucher.

Then the program changed to:

Beast or AWD :

$2500 store credit voucher via email to be used on a single purchase.

Current program:

AWD or Beast:

$2500 Tesla Wallet Credit (found in your app)


To contact Q merit you simply reply to the email they sent you stating that you need to use the “code” to complete you site assessment.

you took delivery during the latest iteration of the program.

within two weeks of delivery you should see a $2500 voucher in your Tesla Wallet (in the app).

you may use this to purchase the PowerShare equipment $2500

or on anything else

I will add that you not required to go with Qmerit for the install.

you may hire any certified Tesla energy Installer that is certified in PowerShare.

you can find local certified installers on Tesla ‘s website.



Hope this clears up any confusion for you and others!

all the best
 
Last edited:

brur

Well-known member
First Name
bruce
Joined
Dec 27, 2023
Threads
9
Messages
98
Reaction score
86
Location
prescott az
Vehicles
tesla plaid
Occupation
retired
Country flag
the certified installer bit is understandable but unsatisfactory policy.
It looks (from the youtube) like any electrical contractor could install the setup. But by god it is only an inch away from some dude making ashes of himself when a DIY-er tries it.
 
OP
OP
LDRHAWKE

LDRHAWKE

Well-known member
First Name
John
Joined
Dec 24, 2019
Threads
43
Messages
523
Reaction score
716
Location
Saint Augustine, Fl
Vehicles
Cyber Beast, GTS1000,FJR1300, Aprillia Scarabeo,
Occupation
Retired Engineer
Country flag
I just received this……one of the key reasons I bought the truck living in Florida was the PowerShare…..simply to say we decide not supply this, is not acceptable. Under Florida law this is Bait and Switch.

Hi John Laurenson,

We have recently updated our Powershare Home Backup offering. We understand you have previously received one year of free Supercharging as part of your Cybertruck delivery. You are receiving an additional $1,100 Tesla Shop voucher to match the value of our current Powershare Home Backup offering. This voucher can be used in a single transaction to purchase items in the Tesla Shop up to the value of the voucher.1

Tesla Shop Code: 84275830CTW
Expiration Date: August 30, 2025

The Tesla Team​
1Voucher can only be used for one transaction on Shop.Tesla.com. Any unused balance remaining after that transaction will be forfeited. Items purchased using this voucher cannot be returned but may be exchanged within 30 days as long as they meet the return condition requirements detailed in Tesla Shop policies. The voucher cannot be reissued, transferred or redeemed for cash and is not valid toward the purchase of Tesla gift cards or​
 


bemis

Active member
Joined
Dec 16, 2023
Threads
3
Messages
37
Reaction score
39
Location
Detroit, MI
Vehicles
2018 Model 3 AWD
Country flag
The experience was pretty bad for me as well. Got my Cyberbeast mid-May before the program changed. I was contacted by one certified installer since Tesla sent them my info more than a month after I got the truck. I went through the planning/pricing with them, but then they said Tesla pulled it from them, so I had to go through QMerit now.

Generally Qmerit has been good, but had some strangeness because I got a notification that my quote was ready, then it was being modified so I couldn't view/approve it, and then I got an email from Tesla that my installation was cancelled and gave me a code for the $2500 credit. The next day I got my updated quote which still showed the install credit fully covering my cost, and qmerit said it still looks fine on their side, so hoping no issues pop up. I ordered the equipment with my voucher (equipment arrived a couple weeks ago), and the installer is coming out Wednesday to install.

Also, not a lawyer, but bait and switch is completely different than the issues you are having. Bait and switch would be that they advertise one thing to get you into the store, but then when you try to buy it they push you to buy something else (like a more expensive item, or a more profitable item for them). If they end up not fulfilling the powershare deal, it would likely be some sort of contractual fight on what you are owed from the purchase agreement
 

DoberManPin-Sure

Well-known member
First Name
Dober
Joined
May 2, 2024
Threads
4
Messages
192
Reaction score
322
Location
Texas
Vehicles
Foundation Edition Cyberbeast
Occupation
Attorney
Country flag
I love my Beast, but this Powershare/Charger process has been a completely confusing clown show.

I entered my Order Agreement on February 20th and was assigned a VIN and picked up the vehicle on June 28th. My first contact about Qmerit wasn't until July 25th, and mentioned the $4,000 installation credit. After I rejected the first contractor Qmerit assigned, I ultimately accepted the quote from an alternative contractor around August 20th . . . despite the $1,400 out of pocket above my $4,000 credit.

As of today, I've not received word that the equipment has been received by that contractor, but that contractor did text me some pictures shortly after quote acceptance saying that I should replace my residential grade breaker boxes (I have 2) because some customers are experiencing discoloration and malfunctions tied to overheating (hinting at a fire risk) . . . stating further that these residential breaker boxes have a 5-year life. Mine has worked issue-free for 18 years. They sent me a $6K quote and implied I should be appreciative of the "deep discount" from the $8K cost. It feels scammy, frankly, like a fear-mongering upcharge attempt . . . especially since nothing was said about the breaker boxes pre-quote despite them having pictures of everything as part of the quote process (i.e., they had no new information--other than my quote acceptance--when they issued the "courtesy safety warning"). So, while Tesla hasn't tried to scam me on this front (yet), I feel like this contractor is trying.

I already have a 24kW full home natural gas generator, so the Powerwall was just going to be a belt-and-suspenders add . . . since I didn't want to "throw away" the $4K credit. But, I'm now having serious second thoughts in light of the attempted up-sell and everything else about this unorganized, low-rent process.

I can "Cancel Project" on Qmerit's webpage, but I don't want to do so until I understand my "Plan B." From this thread and others, it sounds like a store credit for a one-time purchase, and seemingly in the amount of $2,500.

In net:
- I understand the OP's frustration and desire to be treated fairly.
- I'm wondering if anyone else has unwound their Powershare quote tied to a Beast purchase and what they got instead.

P.S. - Still love the Beast. No regrets on the purchase.
Sponsored

 
 








Top