Faraday Future

Faraday Future

Ticker: FFIE

Class Period Start: 01/28/2021

Class Period End: 11/15/2021

Registration Deadline: 02/23/2022

On  January  28,  2021,  PSAC (a special purpose acquisition company) and  FF  Intelligent  Mobility  Global Holdings Ltd. (“Legacy FF”) announced that PSAC and Legacy FF entered into a  definitive agreement for a business combination, and that the combined company would be renamed Faraday Future Intelligent Electric (“Faraday Future” or the “Business Combination”). Faraday Future claims to design and engineer next-generation smart electric connection vehicles.

On July 21, 2021, Faraday Future announced that it had completed the Business Combination and that its common stock and warrants would commence trading on the NASDAQ on July 22, 2021 under the ticker symbols “FFIE” and “FFIEW”, respectively.

On October 7, 2021, J Capital Research published a report alleging, among other things, that Faraday Future was unlikely to ever sell a car, noting that after eight years in business, the Company has “failed to deliver a car,” “has reneged on promises to build factories in five localities in the U.S. and China,” “is being sued by dozens of unpaid suppliers,” and “has failed to disclose that assets in China have been frozen by courts.” Moreover, the report alleged that Faraday Future’s claimed  14,000 deposits are fabricated because 78% of these reservations were made by a single undisclosed company that is likely an affiliate. The report further alleges that contrary to representations of progress toward manufacturing made by Faraday Future in September 2021, former engineering executives did not believe that the car was ready for production.

On this news, the Company’s share price fell $0.35 per share, or more than 4%, to close at $8.05 per share on October 8, 2021.

On November 15, 2021, Faraday Future announced that it would be unable to file its Form 10-Q for the fiscal quarter ended September 30, 2021 on time. Faraday Future further announced that its board of directors “formed a special committee of independent directors to review allegations of inaccurate disclosures,” including the claims in the J Capital report.

On this news, the  Company’s  share price  fell  $0.28 per share,  or approximately 3%, to close at $8.83 per share on November 16, 2021.

A securities class action has been filed against Faraday Future on behalf of shareholders that purchased Faraday Future shares between January 28, 2021 and November 15, 2021.  This case has been filed in the U.S. District Court for the Central District of California.

Throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company’s business, operations, and prospects. Specifically, Defendants failed to disclose to investors: (1) that the Company had assets in China frozen by courts, (2) that a significant percentage of its deposits for future deliveries were attributable to a single undisclosed affiliate; (3) that the Company’s cars were not as close to production as the Company claimed;  (4) that,  as  a result of previously issued statements that were misleading and/or inaccurate, Faraday Future could not timely file its quarterly report; and (5) that, as a result of the foregoing, Defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.

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