FAIRFAX, Calif. (BRAIN) — A woman has filed a class-action lawsuit against manufacturer Super73 for selling e-bikes that can exceed the maximum speed allowance for a micromobility device.
The lawsuit filed by California resident Hillary Whitman on Dec. 10 in Marin County Superior Court alleges among other complaints that Super73 engaged in negligent and intentional misrepresentation and false advertising, claiming its models are e-bikes when in fact they are motor vehicles.
Super73 sells models with thumb throttles that can be switched from Class 1, Class 2, and Class 3. (Class 1 e-bikes are pedal assist up to 20 mph, Class 2 throttle assist to 20 mph, and Class 3 pedal assist to 28 mph.) Via a Super73 app, an Off-Road mode can be unlocked for 1,200-watt continuous power and 2,000-watt peak power to reach speeds above 28 mph. According to the lawsuit, state law enforcement "routinely pace" Super73s going "35 to 38 mph."
California law requires e-bikes to fall within one of the three classes and have a motor no larger than 750 watts in order to be classified as an e-bike and not a motor vehicle. In addition, a new law that takes effect Wednesday will further address out-of-class e-bikes by making it illegal to sell those that are switchable between classes and additionally define Class 1 and Class 3 e-bikes in the state as "not capable of exclusively propelling the bicycle." It also re-clarifies the motor cannot exceed 750 watts.
"This lawsuit strikes at the heart of a problem plaguing communities in California — the proliferation of dangerous vehicles that have been sold and marketed as lawful e-bikes but, as alleged in the lawsuit, are not in fact e-bikes under California law but rather are essentially electric motorcycles because of their capability to reach speeds far beyond the legal limits for e-bikes," said the plaintiff's lead attorney Pat Huyett of Anapol Weiss in an email to BRAIN. "Our client, like countless others, spent a significant amount of money for a Super73 vehicle that cannot be lawfully operated as an e-bike. This case is not just about the money that these consumers have spent on Super73 vehicles that they cannot lawfully ride. These vehicles are dangerous given the high speeds they can obtain, resulting in numerous accidents involving children, as highlighted in the lawsuit. So our client’s lawsuit seeks not just refunds for her and others similarly situated but also a court order prohibiting Super73 from selling its vehicles as e-bikes in California."
According to the lawsuit, which asks for a jury trial, Whitman purchased a Super73 Z Adventure Series model for just under $3,000 for her son's 12th birthday in 2023. Because schools require all e-bikes to be registered, Whitman was told Super73s are not e-bikes and are illegal to ride. That was confirmed by the Central Marin Police Authority, Whitman alleges in the lawsuit. Had she known Super73s were illegal, the purchase would not have been made, according to the lawsuit.
In addition to seeking relief for the class-action complaints, Whitman asks for e-bike cost reimbursement, punitive damages, legal cost reimbursement, punitive damages, and "a judicial declaration that Super73's vehicles are not e-bikes under California law."
A Super73 declined comment but added, "We will soon" in an email to BRAIN.
Bob Mittelstaedt, a Marin County resident and co-founder of nonprofit E-Bike Access, has expressed concern over Super73's products. He has advocated for police departments to recognize Super73 and other similar manufacturers are selling products that aren't by definition e-bikes.
"I compare it to if the law said kids of any age could drive cars as long as cars weren't capable of going more than 10 mph, and Ferrari ships a car in first gear and they say it never occurred to us that you were going to shift it into sixth and go 180 mph," said Mittelstaedt, who wrote the Guest Editorial in BRAIN's June issue, "Retailers (and others) should beware of 'Class 2' e-bikes."
A retired trial attorney, Mittelstaedt said he thinks it's "an open-and-shut case."
"I don't have any idea how Super73 is going to respond," he added. "Time will tell."
