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A Tesla owner from San Francisco, California, USA filed a proposed class action lawsuit against the electric vehicle company over a phantom braking problem, The Verge reported.

The lawsuit was filed by San Francisco resident Jose Alvarez Toledo in federal court in the Northern District of California. In the complaint, Toledo estimates that there are “hundreds of thousands” of Tesla customers that could seek to join his class action suit against the company.

The lawsuit accuses Tesla of fraudulently hiding the safety risks associated with the company’s Autopilot driver assist system, breaching its warranties, unfairly profiting from Autopilot, and violating California’s unfair competition law. Toledo is seeking punitive damages.

The lawsuit comes as Tesla faces a federal investigation into its phantom braking problem, which first surfaced last fall. Those reports emerged just as Tesla was forced to roll back version 10.3 of its Full Self-Driving (FSD) beta software, the company’s advanced driver assist system, because of issues with forward collision warnings and unexpected braking.

After the rollback, the number of complaints actually increased substantially, according to The Washington Post.

The US National Highway Traffic Safety Administration’s Office of Defects Investigation opened a “preliminary evaluation,” which is the stage before the agency could issue a formal recall and covers approximately 416,000 vehicles. To date, there have been no reports of crashes, injuries, or fatalities as a result of this issue.

The problem may be traced to the decision last year by Tesla to remove radar sensors from new Model 3 and Model Y vehicles. The decision came after Tesla CEO Elon Musk publicly expressed a desire to rely exclusively on cameras to power the company’s advanced driver assistance system.

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