> [1] In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right.
Arguable Tesla believe the claims it was making. Certainly a lot of people who bought Teslas thought they did!
I don't think consumers shouldn't have any recourse though. They should be given refunds but I don't think they should get any sort of multiplier/etc. (In general/for non-necessitates) If you give a merchant $x in exchange for Y and the merchant later realizes they can't give you Y I think it's totally fair to just give you back the $x.