Many capabilities of today’s vehicles are tied to software. When a problem occurs with one of these systems, it is becoming increasingly common to fix it with something called an Over the Air Update (OTA). In fact, according to vehicle software company Sonatus’ 2025 Software Defined Vehicle Study, OTAs are becoming more commonly used by automakers. Sonatus’ study’s respondents comprised 500 automotive professionals in North America, Europe and Asia. This March 2025 study’s results can help us understand the current and future reach of OTAs, specifically, per Sonatus:
“67% of respondents said over-the-air (OTA) updates were already deployed in their vehicles, an acceleration of this shift compared to last year. However, OTA updates are not yet pervasive across all vehicle systems. Only 23% of respondents say OTA are used today for upgrades to vehicle capabilities, though an additional 55% (or 78% cumulative) expect broader deployment by 2026-2027.”
How Do OTAs Work with Recalls?
OTAs can be used instead of vehicle owners bringing their cars to the shop to be fixed. Here we’ll focus on Tesla’s use of OTA update software fixes for recalls. We’ll look at three recent Tesla recalls, and how the company provided software updates to address these. Then, we’ll see how sometimes the fixes may not completely repair the issue, and what that can mean for consumers.
Ultimately, we will look at OTAs within the lens of how they count as repair attempts under state lemon law. We will explore how a lemon law attorney can help you, should your vehicle exhibit a substantial defect, with OTAs performed (or potentially so) as fixes.
Three Recent Tesla Recalls and the OTA Fix Results
Some recalls are not safety related; they can be for power management, or infotainment issues. Many can be addressed via OTA updates without taking the vehicle in to the dealer for a physical repair. Here we’ll review three Tesla recalls and how the manufacturer dealt with these via OTA updates.
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“Boombox” Pedestrian Warning System Recall (February 2022)
Tesla recalled over 575,000 vehicles across its Model 3, S, X, and Y lineups. The issue was the “Boombox” feature, which allowed users to play custom sounds or music through an external speaker. This feature was usable while the vehicle was in motion (Drive, Neutral, or Reverse). Federal Motor Vehicle Safety Standards (FMVSS) 141 states that electric vehicles must emit a standard, consistent pedestrian warning sound (PWS) at low speeds. Due to the Tesla sound customization capabilities, it was determined that pedestrians might not be able to hear the warning sounds.
OTA Fix & Results:
Tesla’s initial update disabled the Boombox functionality when the vehicle was in Drive, Neutral, or Reverse. Another update disabled it during Summon and Smart Summon use as well. The fixes were made to affected vehicles, and the result was a resolution of the safety standard violation. Vehicle owners didn’t have to visit a dealership, and the safety risk was averted.
Overheating Onboard Media Control Unit (April 2022)
Tesla issued a recall for approximately 130,000 Models S, X, Y, and 3 vehicles. They cited a potential failure of the onboard media control unit (MCU) while fast-charging at Supercharger stations. The failure could cause the center screen to go blank and the computer to overheat, which in turn could prevent the battery from cooling correctly. This could cause a safety risk, due to its effect on various functions. Some of these included climate controls for battery health, gear selection, and the rearview camera display.
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OTA Fix & Results:
Tesla deployed an OTA software update that improved temperature management for the MCU’s CPU when the vehicle was connected to a Supercharger. It improved thermal monitoring and management processes, so the risk of overheating was eliminated. It was a remote fix, so vehicle owners didn’t need to do anything or bring the vehicle in for service. The recall was closed by the NHTSA, as the update effectively addressed the hardware-related issues.
Autopilot Driver Monitoring System Recall (December 2023)
Tesla issued a recall for over 2 million cars. The recall stemmed from issues with the Autopilot system’s driver monitoring. An NHTSA investigation showed a potential for crash risk because while the system required drivers to have their hands on the wheel, the method for detecting this was deemed inadequate.
OTA Fix & Results:
The Tesla OTA software update ensured prominent alerts and warnings occurred when a driver wasn’t paying attention. It would suspend Autopilot use if the driver repeatedly misused the system. Improved system monitoring was the main intention of the fix.
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Please note: Sometimes OTA fixes, as with some physical fixes, do not completely resolve an issue. The NHTSA continued to investigate the overall effectiveness of this Tesla OTA fix, following reports of crashes after the initial update.
How a Lemon Law Attorney Can Help You with OTA Update Questions?
While we are discussing Tesla here, OTA updates that deliver fixes to vehicle systems are a growing practice across the auto industry, as we noted. They are not Tesla-specific, and Tesla is not the only vehicle manufacturer where some owners may have not received the fix they thought would occur after an OTA. Should you own a Tesla (or, for that matter, any vehicle where OTA updates have been deployed as repair attempts), it’s vital for you to document these attempts, and all correspondence with the dealer and manufacturer.
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If the defect persists, present your evidence to a lemon law attorney. This can be done via the attorney’s free case evaluation, so you won’t have to pay to have an expert lemon law attorney review your claim. The attorney will determine if your vehicle is exhibiting a substantial defect that severely impacts its use, value or safety. The lawyer will also take into account the number of and nature of the repair attempts (OTA or otherwise), and any other state-mandated criteria that is required to qualify your car as a lemon.
Key point: Each state allots a set number of repair attempts to the manufacturer under its lemon laws. It is common practice for states, under lemon laws, to view an OTA update as a repair attempt. It is vital that you have your lemon law attorney verify what repair attempts were made, via your evidence and records from the dealer’s repair center.
Next Steps: Contact Allen Stewart, P.C. for Expert Lemon Law Representation
We’ve seen that it is becoming increasingly commonplace to deliver fixes to vehicles using OTA updates. As with some physical repairs, OTAs aren’t always successful, and that failure can then potentially be part of a lemon law claim. Allen Stewart, P.C. provides you the benefit of our years of experience dealing with lemon law as it applies to new vehicle technologies. We have won many cases across the nation, and are prominent lemon law attorneys in New York, Texas and California. Our lawyers aggressively protect your rights in all types of lemon law cases.
You may have asked yourself: do I need a lemon law attorney… aren’t they expensive? Please know that vehicle manufacturers will bring their legal teams to bear; it’s vital that you hire an attorney to ensure your rights are protected. You won’t have to worry about cost, as per state lemon laws and federal law, the manufacturer is obligated to pay your legal fees when you win your case.
If you own a Tesla (or any vehicle) and are unsure if it qualifies as a lemon, don’t wait; time is of the essence in lemon law claims. Take advantage of Allen Stewart, P.C.’s free consultation. Call us now (866-440-2460) or contact us online to schedule your free case review.