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Tesla fires back at new class-action suit that alleges “inoperative standard safety features” on Autopilot 2.0 cars
Tesla has been transparent about its Enhanced Autopilot software which the company said would roll out incrementally over time, but that hasn’t stopped HBSS Law firm from filing a new class-action suit today, alleging that Tesla deceitfully sold “inoperative Standard Safety Features” on cars that “lack basic functions featured in cars at half the price”. In question is, what the suit describes as, “nonfunctional” Autopilot 2.0 software, an optional feature available on Model S and Model X vehicles equipped with self-driving hardware.
Tesla responded to the suit, slamming the credibility of the claims being made, stating:
“This lawsuit is a disingenuous attempt to secure attorney’s fees posing as a legitimate legal action, which is evidenced by the fact that the suit misrepresents many facts. Many of the features this suit claims are “unavailable” are in fact available, with more updates coming every month. We have always been transparent about the fact that Enhanced Autopilot software is a product that would roll out incrementally over time, and that features would continue to be introduced as validation is completed, subject to regulatory approval.
Furthermore, we have never claimed our vehicles already have functional “full self-driving capability”, as our website has stated in plain English for all potential customers that “it is not possible to know exactly when each element of the functionality described above will be available, as this is highly dependent on local regulatory approval.” The inaccurate and sensationalistic view of our technology put forth by this group is exactly the kind of misinformation that threatens to harm consumer safety.”
The new class-action suit alleges that the California electric car maker knowingly sold nearly 50,000 vehicles equipped with self-driving Autopilot 2.0 hardware and the promise that Enhanced Autopilot hardware “still has not met Tesla’s promises” and was missing standard safety features.
The suit specifically takes issue with the Enhanced Autopilot feature of Tesla vehicles noting that, “the “Enhanced Autopilot,” for which customers paid an extra $5,000, is ‘essentially unusable and demonstrably dangerous.’”
The Tesla purchase page for the Model S “Tesla’s Enhanced Autopilot software has begun rolling out and features will continue to be introduced as validation is completed, subject to regulatory approval.”
The suit takes issue with the “beta” nature of the Enhanced Autopilot software, alleging that Tesla knew that it could not do what Tesla claimed it would do. It states that “the automaker knew that its software was incapable of upholding its promises to purchasers.”
Steve Berman a managing partner of Hagens Berman which represents the plaintiffs, shared:
“Tesla has endangered the lives of tens of thousands of Tesla owners across the country, and induced them to pay many thousands of dollars for a product that Tesla has not effectively designed. Tesla sold these vehicles as the safest sedan on the road. What consumers received were cars without standard safety enhancements featured by cars costing less than half the price of a new Tesla, and a purported ‘Enhanced Autopilot’ that operates in an erratic and dangerous manner.”
The suit compares the safety features available in Tesla vehicles to those available on “cars costing less than half the price of a new Tesla.” Tesla’s over-the-air update of firmware 8.1 aimed to bring Enhanced Autopilot to near feature parity with Model S and Model X vehicles equipped with first generation Autopilot 1.0. Here’s an excerpt from our coverage of firmware version 8.1, when it was first introduced:
Vehicles equipped with Tesla’s Autopilot 2.0 feature and self-driving sensors, also commonly referred to as “hardware 2” (HW2), will see improvements to Autosteer, lifting a previous speed cap set at 55 mph (88 mkh) to 80 mph (129 kmh). The update also adds the Auto Lane Change feature and Tesla Summon, which until now was only available on first-generation Autopilot cars. Tesla’s Lane Departure Warning feature has also been added to Autopilot 2.0 which will vibrate the steering wheel if the vehicle veers from its intended driving lane when speeds reach above 36 mph (58 kmh).
Berman doesn’t see it that way, stating that “to this day, Tesla has not released truly functional software for its Standard Safety Features or Enhanced Autopilot.”
The suit lists out the specific issues it takes with the “missing” Standard Safety Features:
“Regarding its Standard Safety Features which include automatic emergency braking, front collision warning, side collision warning and auto high beams, Tesla told consumers these features would be available by December 2016 and ‘roll out through over-the-air software updates,’ but to date, only a dangerously defective Traffic Aware Cruise Control has actually come to fruition, according to the suit. The remaining features simply do not exist.”
In scope of the class-action lawsuit are “about 47,000 affected Model S and Model X vehicles.” The suit seeks the value of the standard safety features that do not exist in these cars plus $5,000 for the “nonfunctional Enhanced Autopilot feature” that many owners purchased as an option to their vehicle.
Tesla has reached a notable benchmark in its autonomous driving program after its Robotaxi fleet surpassed one million miles of unsupervised operation. The company made the announcement during its Cybercab event in Austin on September 3.
Tesla Vice President of AI Ashok Elluswamy told attendees he was happy to report the fleet had achieved one million miles of unsupervised Robotaxi operation as a testament to safety.
The new total marked a sharp increase from the 380,000 unsupervised miles Tesla disclosed during its second-quarter 2026 earnings update in late July.
In roughly six weeks, the company added about 620,000 miles. That acceleration followed Tesla’s decision to remove in-vehicle safety monitors from most of its operations outside the San Francisco Bay Area.
Credit: Tesla
Tesla first launched Robotaxi service in Austin in June 2025 with safety drivers present. It later began fully unsupervised rides and expanded into Dallas, Houston, Miami, Orlando, and Tampa. The San Francisco Bay Area remains the exception, where a safety monitor still rides in the vehicle under California permitting rules.
The company has not released a city-by-city breakdown of the one million unsupervised miles.
The milestone arrived as Tesla began offering public Cybercab rides in Austin. The purpose-built vehicle has no steering wheel or pedals and is designed only for autonomous ride-hailing. Production versions joined the existing fleet of modified Tesla vehicles already operating in the service.
Tesla’s unsupervised mileage is growing at a double-digit weekly rate according to earlier company comments, yet its fleet size remains modest compared with established competitors. Waymo has accumulated more than 200 million fully autonomous rider-only miles. Tesla has described its own unsupervised operations as having recorded zero notable incidents in the period leading up to the July update.
The one-million-mile figure reflects Tesla’s shift from supervised testing to broader driverless service in multiple states. It also highlights the company’s strategy of using both existing Model Y vehicles and the new Cybercab to scale its network.
Credit: Tesla
Whether the rapid recent growth continues will depend on further city expansions, regulatory approvals, and the performance of the purpose-built Cybercab in everyday paid rides. Tesla has not specified how many of the latest miles involved the new vehicle versus the rest of the fleet.
The announcement underscores Tesla’s progress toward a larger robotaxi network while illustrating the remaining gap in total autonomous experience relative to longer-operating rivals.
Tesla AI lead Ashok Elluswamy said this week that 24-hour Robotaxi service is close. Replying on X to a rider who wanted Cybercab trips all night, he wrote that the capability would arrive “next month or so” once “the next tech to merge on the v15 plan” is ready.
The comment landed on September 4, one day after Tesla opened public Cybercab rides in Austin. It is the clearest near-term timeline yet for overnight unsupervised operation. Tesla’s paid Robotaxi network currently runs from 6 a.m. to 10 p.m. seven days a week across Austin, Dallas, Houston, Miami, Orlando, and Tampa.
next month or so. the next tech to merge on the v15 plan will enable it.
— Ashok Elluswamy (@aelluswamy) September 4, 2026
That 16-hour window is shorter than the 6 a.m. to 2 a.m. schedule the company used for much of the prior year.
Elluswamy did not name the specific feature or say whether the change would apply first to purpose-built Cybercabs, the existing Model Y fleet, or both. He also offered no city-by-city rollout list. The link to Full Self-Driving v15 is nevertheless significant.
Tesla has described v15 as a step-change architecture with seven parallel improvement tracks and roughly ten times more parameters than earlier builds. Early versions of that software already operate on the Robotaxi fleet and contain about 40 percent of the planned gains.
By July 2026, the unsupervised fleet had logged more than 380,000 miles across six cities in two states with what the company called an impeccable safety record and no notable incidents caused by the vehicles themselves. Tesla has repeatedly argued that camera-based end-to-end neural networks, rather than extra sensors, are the core of the solution.
Overnight service would test that claim in lower-light conditions and would also raise vehicle utilization, a key variable for Robotaxi unit economics. The company has already begun using public Superchargers at night and is building dedicated Robotaxi charging sites.
Riders have asked why software must change if the cars already drive in the dark. The practical answer appears to be reliability and scale: Tesla has held back mass expansion until more of the v15 stack is merged, citing the need for higher confidence before putting thousands of unoccupied vehicles on streets around the clock.
If the next module arrives on the timetable Elluswamy sketched, 24-hour service could begin in October 2026 in at least some markets.
That would mark a shift from a daytime-bounded pilot to a service that can run whenever demand exists, including the late-night hours that have so far remained out of reach.
Tesla is beginning to roll out Full Self-Driving Supervised v14.3.9 with a new active safety layer that can take control even when the driver is operating the car manually.
Tesla AI said the software can activate FSD on the driver’s behalf when an imminent collision is detected and Automatic Emergency Braking may not be enough. It may also engage if the system detects heavy distraction or an accidental FSD disengagement.
FSD Supervised v14.3.9 starting to roll out shortly
This release includes a new active safety feature set: FSD Supervised can now activate on your behalf when an imminent collision is detected and Automatic Emergency Braking (AEB) may not be enough.
It may also engage if we…
— Tesla AI (@Tesla_AI) September 4, 2026
The capability is essentially Automatic Collision Evasion. However, unlike conventional AEB, which mainly applies the brakes in a straight line, this feature can use steering, braking, and acceleration together if the car calculates that stopping alone will not prevent impact and a safer path exists. The system may change lanes or move toward a shoulder when conditions allow, then continue driving after the immediate threat is handled rather than simply coming to a stop.
The intervention is meant as a last-resort safety net, not a replacement for attentive driving.
Tesla Full Self-Driving v14.3.7 early review: FSD saved me from an accident
Tesla’s own description still frames FSD as supervised assistance. Secondary reports on internal release notes say the feature can fire while the car is being driven manually if cabin-camera monitoring suggests the driver is not sufficiently attentive, such as reaching toward the back seat, or if FSD appears to have been turned off unintentionally.
After the emergency maneuver, the car is expected to alert the driver and request a return to manual control.
The safety case is straightforward. Many collisions happen in the last second because a driver is looking away, fumbles a control, or faces an obstacle that braking cannot fully solve. A system that can both recognize that AEB is insufficient and execute a coordinated evasive path can reduce those remaining high-severity events.
Re-engaging after accidental disengagement also addresses a practical failure mode: a small steering nudge that drops FSD at the worst moment. The advantage is a background safety net that uses the same vision stack already running in v14, instead of leaving the car solely to emergency braking once the driver is no longer in command.
The feature still depends on FSD being enabled and, according to reports, an active FSD purchase or subscription. It does not make the vehicle unsupervised. Drivers remain responsible, and Tesla has not published how often the system is expected to intervene or how it will handle false positives.
If the rollout is conservative and the false-alarm rate stays low, the update is a meaningful step: FSD is no longer only a feature the driver turns on. In the rare moments when disaster is already forming, it can step in.
Tesla crosses major Unsupervised Self-Driving milestone
Tesla Robotaxi will be a 24/7 service: here’s when
