Tesla's argument is that the "Goodwill agreement" has nothing to do with preventing reporting from the NHTSA and the fact that a customer who signed did report the issue to the NHTSA is evidence of that. There is nothing about the NHTSA in it. Read their
blog post. Their argument is pretty clear.
Look at it this way - why and how could Tesla prevent a consumer from reporting a safety concern to the NHTSA? What would they do - sue the person for violating the "goodwill agreement"? If they did that, how would THAT look to the NHTSA?
It's analogous to this: I just signed an updated employment contract with the hospital who employs me. There was a long section in it that I had to initial about internal dispute resolution process, binding arbitration, etc. that specifically prevents me from suing them and says I give up my right to have a dispute settled by a court, etc That does not prevent me from going to the State Medical board if I have a concern about the hospital.
Look - the "goodwill agreement" could be interpreted a number of ways and the those with an axe to grind with Tesla will have their interpretation which Tesla obviously disagrees with. Big deal. Tesla and the NHTSA will obviously come to some agreement about the future wording.
That whole issue is a red herring IMO - another mole hill for those grinding axes.
The more important question is whether there is a real safety issue here. From what I've read so far there is no evidence of that but the NHTSA will do their job and determine if there is. Tesla is not impeding that process - they are cooperating with it. If necessary a recall will be done. Again - just par for the course in the auto industry - mole hills and panty knots notwithstanding.
Look at it this way - why and how could Tesla prevent a consumer from reporting a safety concern to the NHTSA?
Why? To hide deficiencies in their product.
How? By using wording that suggests that the incident must be kept confidential between the parties.
... You agree to keep confidential our provision of the Goodwill, the terms of this agreement and the incidents or claims leading or related to our provision of the Goodwill. Look - the "goodwill agreement" could be interpreted a number of ways and the those with an axe to grind with Tesla will have their interpretation which Tesla obviously disagrees with.
https://en.wikipedia.org/wiki/Ad_hominem
Yep. Differing views, different interpretations, panty knots, and axe grinding:
Tesla to clarify how customers may disclose problems Tesla Motors Inc on Friday revised a nondisclosure clause in its customer repair agreements after a U.S. regulator took issue with the practice, while the electric carmaker's chief executive separately called most customer reports of suspension problems in its Model S sedan fraudulent.
Tesla CEO Elon Musk went on the offensive on social media, saying in a tweet that 37 of 40 suspension complaints filed with the U.S. National Highway Traffic Safety Administration were fraudulent. "Would seem to indicate that one or more people sought to create the false impression of a safety issue where none existed," he wrote.
The NHTSA would only say that the company was cooperating fully with its review and that no suspension problems had been found "to date." Musk said the complaints were "fraudulent" because a "false location or vehicle identification numbers were used."
Reuters reported Thursday that anonymous individuals have filed a number of complaints of suspension problems on NHTSA's website, citing salvaged Tesla vehicles.
NHTSA spokesman Bryan Thomas said Tesla was cooperating "and NHTSA’s examination of the data is under way. To date, NHTSA has not identified any safety issue with Tesla’s suspensions."