Electrical and Software Defects Under Massachusetts Lemon Law

Electrical and software defects are a growing category — particularly with EVs (strong Tesla, Rivian, and OEM EV market share in Greater Boston) and software-defined vehicles. Most qualify under § 7N½’s substantial-impairment test.

Common qualifying electrical defects

12V battery repeated dead — substantial impairment.
Alternator failure — substantial impairment.
Starter motor failure — substantial impairment.
Window / lock failures — substantial impairment.
HVAC system electrical failures — substantial impairment (critical in New England winter).
Headlight / taillight failures — safety issue if persistent.
Dashboard / cluster failures — substantial impairment.

Common qualifying software defects

OTA update failures bricking systems — substantial impairment.
Infotainment crashes affecting safety systems — safety issue.
Driver-assist system failures — substantial impairment; safety issue.
Phantom braking — categorical safety issue.
EV firmware bugs affecting range or charging.
Climate-control software failures (critical in winter).

TSB / recall overlay

Software and electrical defects are heavily TSB-driven. Manufacturers regularly issue:

OTA firmware updates.
Module reflash service bulletins.
Wiring-harness recalls.
Battery management system (BMS) updates.

New England moisture and cold factor

Massachusetts’s wet, cold climate is particularly hard on:

Connector corrosion.
Module condensation issues.
Antenna / GPS failures.
HVAC defroster electrical strain (winter-critical).
EV cold-weather range degradation.

How thresholds apply

Same § 7N½ thresholds.

What strengthens an electrical-defect claim

Intermittent symptoms with video documentation.
TSB / OTA update history.
Multiple ECU diagnostic codes.
Pattern across model years (class-action evidence) — supports c. 93A willfulness.

What weakens an electrical-defect claim

Aftermarket accessories introducing electrical load.
Driver-installed wiring.
“No problem found” with intermittent symptoms not captured.
Owner-induced damage (jump-start errors, jump-pack misuse).

Bottom line

Electrical and software defects are well-covered. Document video evidence of intermittent symptoms, secure TSB / recall pattern data, and pursue the § 7N½ thresholds. For OTA / firmware issues with class-action history, c. 93A willfulness pleading is strong.

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