News
Tesla FSD’s prolonged release doesn’t make it a ‘fraud,’ company says
Tesla Full Self-Driving’s prolonged release doesn’t make it a “fraud,” the company said in a motion to dismiss a case.
Tesla is currently involved in a class-action lawsuit from a few Autopilot and Full Self-Driving customers and has recently filed a motion to dismiss the case with the U.S. District Court in San Francisco. In that motion, a statement was made by Tesla’s attorneys that may have been taken out of context by some media reports.
Teslarati obtained a copy of the motion, and here is what we found.
After some background information on FSD, Tesla noted that each of the plaintiffs purchased a vehicle, and “all but one allegedly purchase the FSDC package.” (FSDC is an acronym for full self-driving capability.)
“Plaintiffs knew at the time of purchase that their cars were not completely autonomous. And they knew that the timeline towards more complete autonomy was contingent upon numerous factors, including software development and regulatory approval. Yet now they sue Tesla, complaining that their cars are not completely autonomous.”
The document noted that four out of five of the named plaintiffs have valid arbitration agreements with Tesla that should be enforced and cover all of their claims. The one plaintiff who opted out “advanced a consolidated complaint riddled with defects, and that should be dismissed.”
The plaintiff “sued too late–five years after he purchased his vehicle and the optional software package, well after any of his claims accrued. All of his claims are time-barred and should be dismissed. Moreover, the hundreds-of-paragraph, narrative complaint fails to support a single cognizable legal theory. The Complaint makes no mention of the parties’ written contract or Tesla’s car warranty. It instead cherry-picks numerous statements allegedly made by Tesla and attempts to manufacture claims for fraud and breach of warranty.”
Tesla’s attorneys made several statements, including that headline-worthy one regarding FSD and failure. However, the attorneys never claimed that FSD is a failure. In the document, the attorneys pointed out that the complaint “identifies no statement that Tesla made that was fraudulent.”
Additionally, it added that no there was no statement made that Tesla’s vehicles, including those equipped with the FSDC package, were fully autonomous at the time of the Plaintiff’s purchase. Tesla’s website also made it very clear that those vehicles were not.
Tesla’s attorneys noted that the plaintiff allegedly researched Tesla’s online and public statements and reviewed them before buying his vehicles. The labels of “Autopilot,” “Enhanced Autopilot,” or “Full Self-Driving Capability” didn’t mean that the vehicles were fully autonomous. Tesla’s attorneys also noted that Tesla’s user manuals plainly showed this as well.
“Nor would any reasonable consumer purchase a Tesla vehicle with the belief that it is fully autonomous based solely on these labels,” the attorneys said.
Instead, each of the plaintiffs alleged that they “decided to purchase [his or her] vehicle and the ADAS packages after researching, reviewing, and relying on Tesla’s online and other public statements.”
The plaintiff’s “assertion that Tesla promised the vehicles were already fully autonomous when they were sold rings hollow,” the attorneys stated.
“His assertion that Tesla promised to release completely autonomous capabilities ‘within a reasonable time after,’ his purchase fares no better.”
“No allegations show that Tesla promised that the FSDC package would enable full autonomy within a specified period of time. Many of the statements quoted in the Complaint did not even concern the FSDC package,” the attorneys said, adding that this makes it irrelevant to the plaintiff’s claims.
“In addition, the quoted statements were also often accompanied by and subject to the qualifier that a release of fully autonomous capabilities to the general public would require government approval, a variable over which Tesla had no control, and that any regulatory clearance would require a vast amount of data to show that completely autonomous driving is significantly safer than human driving.”
The attorneys cited another federal court that said similar statements “do not constitute fraud” because they indicate that Tesla wasn’t making the absolute representation the Plaintiff said he was.
“Same here. Especially under the heightened Rule 9(b) standard, no allegation suggests that the aspirational statements that Tesla did make were, somehow, false when made. See Richardson, 2000 WL.”
“To the contrary, allegations in the Complaint demonstrate that Tesla has been constantly improving its ADAS technology by releasing software updates, with a goal of achieving more and better autonomy capabilities in the future.”
“Mere failure to realize a long-term, aspirational goal is not fraud.“
In reference to the above statement, the attorneys pointed out that the courts often rejected the argument that a plaintiff can prove the fraudulent intent by pointing to Tesla’s “subsequent failure to perform under the agreement.”
Since launching the software in 2015, Tesla has made a lot of progress toward FSD and autonomous. Tesla has had two AI Day events explaining the technology being developed and used. And Tesla has since launched an FSD Beta testing program, and you can read the recent Tesla FSD Beta news here.
Disclosure: Johnna is a $TSLA shareholder and believes in Tesla’s mission.
Your feedback is welcome. If you have any comments or concerns or see a typo, you can email me at johnna@teslarati.com. You can also reach me on Twitter at @JohnnaCrider1.
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Tesla stock (NASDAQ: TSLA) just got a price target boost from its biggest bear, Gordon Johnson of GLJ Research, who raised his expected trading level to one that is 95 percent lower than its current trading level.
Johnson pushed his Tesla price target from $19.05 to $25.28 on Wednesday, while maintaining the ‘Sell’ rating that has been present on the stock for a long time. GLJ has largely been recognized as the biggest skeptic of Elon Musk’s company, being particularly critical of the automotive side of things.
Tesla has routinely been called out by Johnson for negative delivery growth, what he calls “weakening demand,” and price cuts that have occurred in past years, all pointing to them as desperate measures to sell its cars.
Johnson has also said that Tesla is extremely overvalued and is too reliant on regulatory credits for profitability. Other analysts on the bullish side recognize Tesla as a company that is bigger than just its automotive side.
Many believe it is a leader in autonomous driving, like Dan Ives of Wedbush, who believes Tesla will have a widely successful 2026, especially if it can come through on its targets and schedules for Robotaxi and Cybercab.
Justifying the price target this week, Johnson said that the revised valuation is based on “reality rather than narrative.” Tesla has been noted by other analysts and financial experts as a stock that trades on narrative, something Johnson obviously disagrees with.
Dan Nathan, a notorious skeptic of the stock, turned bullish late last year, recognizing the company’s shares trade on “technicals and sentiment.” He said, “From a trading perspective, it looks very interesting.”
Tesla bear turns bullish for two reasons as stock continues boost
Johnson has remained very consistent with this sentiment regarding Tesla and his beliefs regarding its true valuation, and has never shied away from putting his true thoughts out there.
Tesla shares closed at $431.40 today, about 95 percent above where Johnson’s new price target lies.
News
I subscribed to Tesla Full Self-Driving after four free months: here’s why
It has been incredibly valuable to me, and that is what my main factor was in considering whether to subscribe or not. It has made driving much less stressful and much more enjoyable.
I have been lucky enough to experience Tesla Full Self-Driving for the entire duration of my ownership experience for free — for four months, I have not had to pay for what I feel is the best semi-autonomous driving suite on the market.
Today, my free trial finally ran out, and I had two choices: I could go without it for a period until I felt like I absolutely needed it, or I could subscribe to it, pay $99 per month, and continue to experience the future of passenger transportation.
I chose the latter, here’s why.
Tesla Full Self-Driving Takes the Stress Out of Driving
There are a handful of driving situations that I don’t really enjoy, and I think we all have certain situations that we would just rather not encounter. This is not to say that I won’t ever experience them as someone who has driven a car for 15 years (it feels weird saying that).
I don’t love to drive in cities; I really don’t like driving on I-695 on my way to Baltimore, and I truly hate parallel parking. All three things I can do and have done, all three within the past few weeks, too.
It takes all the stress out of city driving pic.twitter.com/q0SPPrH4HU
— TESLARATI (@Teslarati) December 4, 2025
However, if I can avoid them, I will, and Tesla Full Self-Driving does that for me.
Tesla Full Self-Driving Eliminates the Monotony
I drive to my alma mater, Penn State University, frequently in the Winter as I am a season ticket holder to Wrestling and have been for 16 years now.
The drive to State College is over two hours and over 100 miles in total, and the vast majority of it is boring as I travel on Rt 322, which is straight, and there is a lot of nature to look at on the way.
I am willing to let the car drive me on that ride, especially considering it is usually very low traffic, and the vast majority of it is spent on the highway.
The drive, along with several others, is simply a boring ride, where I’d much rather be looking out the windshield and windows at the mountains. I still pay attention, but having the car perform the turns and speed control makes the drive more enjoyable.
Tesla Full Self-Driving Makes Navigating Easier
Other than the local routes that I routinely travel and know like the back of my hand, I’ve really enjoyed Full Self-Driving’s ability to get me to places — specifically new ones — without me having to constantly check back at the Navigation.
Admittedly, I’ve had some qualms with the Nav, especially with some routing and the lack of ability to choose a specific route after starting a drive. For example, it takes a very interesting route to my local Supercharger, one that nobody local to my area would consider.
But there are many times I will go to a new palce and I’m not exactly sure where to go or how to get there. The Navigation, of course, helps with that. However, it is really a luxury to have my car do it for me.
To Conclude
There was no doubt in my mind that when my Full Self-Driving trial was up, I’d be subscribing. It was really a no-brainer. I am more than aware that Full Self-Driving is far from perfect, but it is, without any doubt, the best thing about my Tesla, to me.
It has been incredibly valuable to me, and that is what my main factor was in considering whether to subscribe or not. It has made driving much less stressful and much more enjoyable.
🚨 How I’ve gotten Tesla Full Self-Driving for free…until now
Watch me subscribe to Tesla FSD! https://t.co/bjK7EEOptR pic.twitter.com/cs5CmN5PdJ
— TESLARATI (@Teslarati) January 7, 2026
The Tesla Diner has been subject to many points of criticism since its launch in mid-2025, and skeptics and disbelievers claim the company’s latest novel concept is on its way down, but there’s a lot of evidence to state that is not the case.
The piece cites anecdotal evidence like empty parking lots, more staff than customers during a December visit, removed novelty items, like Optimus robot popcorn service and certain menu items, the departure of celebrity chef Eric Greenspan in November 2025, slow service, high prices, and a shift in recent Google/Yelp reviews toward disappointment.
The piece frames this as part of broader Tesla struggles, including sales figures and Elon Musk’s polarizing image, calling it a failed branding exercise rather than a sustainable restaurant.
This narrative is overstated and sensationalized, and is a good representation of coverage on Tesla by today’s media.
Novelty Fade is Normal, Not Failure
Any hyped launch, especially a unique Tesla-branded destination blending dining, Supercharging, and a drive-in theater, naturally sees initial crowds taper off after the “Instagram effect” wears down.
Tesla makes major change at Supercharger Diner amid epic demand
This is common for experiential spots in Los Angeles, especially pop-up attractions or celebrity-backed venues. The article admits early success with massive lines and social media buzz, but treats the return to normal operations as “dying down.”
In reality, this stabilization is a healthy sign of transitioning from hype-driven traffic to steady patronage.
Actual Performance Metrics Contradict “Ghost Town” Claims
- In Q4 2025, the Diner generated over $1 million in revenue, exceeding the average McDonald’s location
- It sold over 30,000 burgers and 83,000 fries in that quarter alone. These figures indicate a strong ongoing business, especially for a single-location prototype focused on enhancing Supercharger experiences rather than competing as a mass-market chain
It’s not a ghost town lol. The @Tesla Diner still had over 30,000 burger orders and 83,000 fries orders in Q4. The diner generated over $1M in revenue in Q4, a $4M annual run rate, which is more than the average McDonald’s…. pic.twitter.com/XvAGLUqxej
— Sawyer Merritt (@SawyerMerritt) January 4, 2026
Conflicting On-the-Ground Reports
While the article, and other similar pieces, describe a half-full parking lot and sparse customers during specific off-peak visits, other recent accounts push back:
- A January 2026 X post noted 50 of 80 Supercharger stalls were busy at 11 a.m., calling it “the busiest diner in Hollywood by close to an order of magnitude
TESLA DINER 🍔
Frantic!!!
Crazy busy. pic.twitter.com/wMbmr8SFFn
— Rich & Sharon (@HullTeslaModel3) January 4, 2026
- Reddit discussions around the same time describe it as not empty when locals drive by regularly, with some calling the empty narrative “disingenuous anti-Tesla slop.”
When we visited it last week it was packed. We had to wait to enter, get a table and go to the restroom. We were lucky to find a spot to charge.
— Rani G (@ranig) January 4, 2026
Bottom Line
The Tesla Diner, admittedly, is not the nonstop circus it was at launch–that was never sustainable or intended. But, it’s far from “dying” or an “empty pit stop.”
It functions as a successful prototype: boosting Supercharger usage, generating solid revenue, and serving as a branded amenity in the high-traffic EV market of Los Angeles.
Tesla price target boost from its biggest bear is 95% below its current level
I subscribed to Tesla Full Self-Driving after four free months: here’s why
