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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.
After launching in Austin, Texas, last week, Tesla is looking to expand the Cybercab to new parts of the United States in an effort that will see the driverless, steering wheel-less, and pedal-less vehicle chauffeur people around as part of the Robotaxi ride-hailing service.
However, the expansion will go far beyond the United States, and CEO Elon Musk revealed he hopes Europe will be the next market where Cybercab will be operational.
Musk has publicly expressed hope that Tesla’s Cybercab robotaxi will reach Europe in the near future.
On September 8, Tesla’s Chief Executive quoted a German rider who had just completed a trip in Austin, Texas, and wrote that he hoped the vehicle would not take years to arrive in Germany. Musk replied with a short but notable message: “Hopefully soon in Europe too.”
Hopefully soon in Europe too https://t.co/vqQ69bLJuN
— Elon Musk (@elonmusk) September 8, 2026
The comment arrived only days after Tesla opened Cybercab ride-hailing to the public in Austin. The two-seat vehicle has no steering wheel or pedals and relies entirely on Tesla’s Full Self-Driving software. Early passengers have described the rides as quiet, smooth, and more stylish than competing robotaxis such as Waymo.
Austin is currently the only city where members of the public can hail a Cybercab through Tesla’s Robotaxi app. The initial fleet is small; Texas registration records show only a few dozen of the purpose-built vehicles on the road.
Tesla set to open Cybercab rides to the public, with no steering wheel or pedals
Tesla has also been operating a larger number of conventional Model Y robotaxis in the same area, but the Cybercab itself represents the company’s first dedicated, controls-free taxi design.
Europe presents a different regulatory picture. The European Union does not permit manufacturers to self-certify vehicles the way Tesla did in the United States.
Type-approval rules and a small-series limit of 1,500 automated vehicles per type per year apply across the bloc.
Supervised Full Self-Driving has gained provisional approval in several member states through national recognition of Dutch certification, yet unsupervised robotaxi operation remains a separate and more distant step. Tesla has not announced a European launch city, date, or approval pathway for the Cybercab.
Musk himself has previously cautioned that the company does not control European regulators. In an earnings call earlier in 2026, he noted that even supervised FSD took an “immense amount of time” to clear and that unsupervised service would be “somewhat at the mercy of the governments in Europe and the EU.”
The latest social-media remark therefore functions more as an expression of intent than a timetable.
If the Cybercab eventually reaches European streets, it would mark a significant expansion of Tesla’s robotaxi ambitions beyond the United States. For now, the vehicle remains an Austin-only experience, and the gap between Musk’s hope and actual deployment will be decided by regulators rather than by engineering alone.
Tesla Cybercab might have just rolled out to the public as it entered the company’s Robotaxi suite in Austin this past week. However, the vehicle might already be on its way to becoming even better, as the company is asking riders to describe what they’d like to see improved with the Cybercab.
Tesla sent a rider experience survey to Cybercab passengers only days after paid rides began in Austin. The questionnaire asks how satisfied riders were with the overall trip. Then it requests star ratings for availability and wait time, door functionality, vehicle touchscreen, mobile app experience, seat comfort, interior space, ride comfort, cleanliness, and cargo space.
A later section asks which features riders would most like to have and allows selection of up to three items from a list that includes heated seats, ventilated seats, fully reclining seats, a tray table, a wireless phone charger, a better sound system, and more storage. Respondents may also choose none of these or write in another idea. The survey closes with a recommendation score from zero to ten.
Tesla just sent out a Cybercab rider experience survey so you can give feedback to the team. pic.twitter.com/YsU5OYdAjW
— Sawyer Merritt (@SawyerMerritt) September 8, 2026
This rapid request for input illustrates Tesla’s habit of treating early users as collaborators rather than mere customers. The company has long refined vehicles through software updates and hardware changes informed by real-world use across its passenger cars.
Collecting structured opinions so soon after commercial service started shows the same mindset applied to a purpose-built autonomous taxi. The questions themselves reveal an openness to cabin changes even after the first vehicles reached public streets, which is no surprise.
Tesla has always hoped to cater a great experience to anyone in its vehicles, which is why so many fan-requested features have made it into its vehicles.
Replies already circulating online favor reclining seats, tray tables, wireless charging, improved audio, and extra room when seats fold back.
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Those preferences point toward comfort upgrades that Tesla can implement in later production batches or through cabin revisions. Because the Cybercab is designed around software first principles, many requested amenities can arrive faster than in traditional automakers.
Tesla’s willingness to survey riders immediately after launch therefore makes near-term cabin and experience improvements likely as the team reviews responses and iterates toward a more refined robotaxi people will choose daily.
Tesla Cybertruck Lead Engineer Wes Morrill revealed the company has made several changes to the all-electric pickup, which he calls a “living thing, constantly evolving and improving.”
Cybertruck is manufactured at Tesla’s Gigafactory Texas just outside of Austin, and over the past few years, Tesla has continued to make small changes to the pickup to improve everything from cost, reliability, serviceablility, and manufacturability.
“The finish line isn’t getting to production. A product is a living thing, constantly evolving and improving,” Morrill added.
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Some of those changes are yet to be revealed, but perhaps the most notable one was the change Tesla made to the aero shield that sits underneath the truck. In the past, it was aluminum, but now the Cybertruck is using a self-reinforcing polypropylene.
Morrill said that the polypropylene is “stretched into fibers and then laminated into the form,” and is much more durable, much lighter, and significantly cheaper than aluminum when it is manufactured this way.
It also enabled some improvements in the geometry of the Cybertruck, improving the manufacturing around the bolts and edges, in addition to minor form changes. These all benefitted the Cybertruck in more ways than one: specifically with durability and improved drag.
I was surprised by how interested people were to find out we made a relatively benign change to the Cybertruck aero shield, a part of the car most people never even see. So I’ll share some more details.
Here are two photos, the left is one of the latest trucks off the… pic.twitter.com/F5cZo2CZKf
— Wes (@wmorrill3) September 7, 2026
Typically, Teslas are not necessarily identified by model year because these changes are fluid and occur when the company sees fit to implement them. It is not like other automotive companies, which usually make sweeping manufacturing changes when building a new model year.
Instead, Teslas are recognized by their “generation” or “era.” For example, those with a newer Model Y might refer to their car as a “Juniper.” This is the same with Model 3, as many refer to the new body style as the “Highland.”
Tesla’s manufacturing changes are proof of the company’s constant need to improve its products and move things forward with its vehicles. There is no need to drag one’s feet and wait until next year if the product can be made better right now, and that’s precisely what Tesla did with the Cybertruck.
Elon Musk hints at Tesla Cybercab’s next market
Tesla Cybercab improvements are already on the minds of company engineers
