My bet is that becomes a scenerio where the party with the most money for lawyers wins. If it was me, I would have almost no money for lawyers.
source?
Most states can't / won't enforce Non-Competes, but NDAs often have teeth.
Most states also have warranty and lemon laws, often specifically aimed at cars, so you could fight the NDA or ignore it and push for a warranty violation or lemon law case.
I say this as a person who very much wanted to sue Tesla and backed down on the advice of my lawyer friend -- I was most likely only increasing my net loss and severely stressing myself out
It (and the blue check), just isn't worth it.