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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 Semi gets strange-but-understandable comparison from Jay Leno
In a recent interview with MotorTrend, legendary comedian and automotive enthusiast Jay Leno shared his impressions after driving Tesla’s long-range Semi truck, offering one of the most vivid descriptions to date:
The Tesla Semi recently received a strange-but-understandable comparison from automotive enthusiast and former long-time late-night television show host Jay Leno.
In a recent interview with MotorTrend, legendary comedian and automotive enthusiast Jay Leno shared his impressions after driving Tesla’s long-range Semi truck, offering one of the most vivid descriptions to date:
“It’s like driving an office building.”
The comparison may seem quirky—office buildings evoke images of immobility rather than motion—but it aptly conveys the experience of commanding a massive 23,000-pound Class 8 electric truck that delivers sports-car acceleration.
Lenotested the production-spec Long Range model, which is rated for up to 500 miles of range. He was visibly impressed by its performance, noting how the enormous vehicle moves with surprising urgency.
“It’s as fast as a Tesla, but it’s like driving an office building,” he remarked. “It’s this huge thing that moves like right now. You go 500 miles. You get 60% charge in 30 minutes. You’re saving on fuel costs. It seems quite good.”
Jay Leno in new interview on what it’s like to drive the @Tesla Semi:
“I was quite impressed with that. It’s a fast as a Tesla, but it’s like driving an office building. It’s this huge thing that moves like right now. You go 500 miles. You get 60% charge in 30 mins. You’re… pic.twitter.com/YU7tk6a6pV
— Sawyer Merritt (@SawyerMerritt) May 8, 2026
The reaction highlights the cognitive dissonance at the core of the Tesla Semi. Traditional diesel semi-trucks are slow, noisy, and expensive to run. The Semi rewrites the rules with instant torque from its tri-motor electric powertrain, producing up to 800 kW.
Despite its size, the truck feels agile thanks to full electric steering assist, upgraded actuators borrowed from the Cybertruck, and a 48-volt electrical architecture that improves responsiveness and efficiency.
Tesla reports real-world energy consumption below 1.7 kWh per mile for the Long Range version. Megacharger stations can deliver a 60% charge in roughly 30 minutes, making the truck suitable for long-haul operations.
Additional features include an electric Power Take-Off (ePTO) capable of 25 kW for trailer refrigeration or other equipment, and a driver-focused cab with a central seating position for optimal visibility and a quiet, high-tech interior.
Fleet operators stand to benefit significantly from the economics. Diesel trucks often cost nearly one dollar per mile when including fuel, maintenance, and downtime.
Tesla projects the Semi can reduce operating costs to as low as 15 cents per mile through cheaper electricity, regenerative braking that minimizes brake wear, and reduced service requirements. While early deployments, like Pepsi’s, focused on shorter routes, the 500-mile variant targets cross-country applications.
Obstacles remain. A fully loaded tractor-trailer can reach 80,000 pounds, which reduces real-world range compared to the unloaded test conditions. Building out a nationwide Megacharger network will be essential for broader adoption. The Semi also carries a higher upfront price than conventional diesels, though total cost of ownership and available incentives frequently tip the scales in its favor over time.
Tesla Semi hauls fresh Cybercab batch as Robotaxi era takes hold
Leno’s “office building” description resonates because it captures the unexpected thrill of piloting something so large yet so capable. As the trucking industry faces pressure to cut emissions and control rising fuel expenses, the Semi offers a compelling alternative that excels in performance, comfort, and efficiency.
Coming from a man who has driven everything from vintage classics to modern hypercars, Leno’s genuine enthusiasm adds weight to the verdict.
The Tesla Semi is emerging as more than an experimental EV—it represents a practical vision for the future of heavy-duty transport where massive rigs accelerate instantly, and the numbers finally make sense. If fleet results continue to validate the claims, the era of diesel dominance could be drawing to a close.
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Tesla expands its mass-market color palette in the U.S.
Delivering a fresh splash of color to its lineup, Tesla is giving U.S. buyers two stunning new blue options that are already turning heads.
Tesla has expanded the color palette it offers on its mass market vehicles in the United States, giving buyers of the Model 3 and Model Y a few additional options than before.
Delivering a fresh splash of color to its lineup, Tesla is giving U.S. buyers two stunning new blue options that are already turning heads. Starting on May 8, the automaker updated its North American configurator to introduce Marine Blue on Model Y Premium trims and Frost Blue exclusively on the Model 3 Performance.
Tesla Model Y and Model 3 Premium get Marine Blue for $1000 in the U.S.!
What do you think? pic.twitter.com/3FqMXcnmru
— TESLARATI (@Teslarati) May 8, 2026
The move replaces the long-running Deep Blue Metallic, a staple for over eight years, and brings previously exclusive shades stateside.
Marine Blue, a deep, rich oceanic hue formerly limited to Europe and Asia-Pacific markets, is now available on Model 3 and Model Y RWD and Long Range AWD Premium variants. Priced at a $1,000 upgrade—standard for Tesla’s premium paints—it delivers a sophisticated, metallic finish that shifts beautifully under light.
Tesla Model Y and Model 3 Premium get Marine Blue for $1000 in the U.S.!
What do you think? pic.twitter.com/3FqMXcnmru
— TESLARATI (@Teslarati) May 8, 2026
Tesla North America highlighted the change directly in an official post, confirming Marine Blue as the new flagship blue for non-Performance models.
Frost Blue, on the other hand, is the real crowd-pleaser for enthusiasts. Previously reserved for the flagship Model S and Model X, this lighter, icy metallic shade is now offered at no extra cost on Model 3 Performance and Model Y Performance trims.
Frost Blue now available on Tesla Model 3 Performance 😤 pic.twitter.com/rLOEh4pTkp
— TESLARATI (@Teslarati) May 8, 2026
Performance buyers effectively get a premium color included in the base price, a smart perk that Tesla has extended to higher-end variants across the board. Early in-person sightings and configurator renders show Frost Blue’s cool, modern vibe popping against the cars’ sleek lines, especially with black wheels and red brake calipers.
The timing couldn’t be better. With Tesla pushing refreshed Model 3 and Model Y refreshes amid growing competition, these updates add visual excitement without major redesigns.
Deep Blue Metallic orders are being transitioned to the new shades, according to customer reports and Tesla communications. In the U.S., Puerto Rico, and Mexico, the options are live now; Canada sees limited Frost Blue availability on the Model 3 Performance.
Tesla’s color strategy continues to evolve, borrowing from higher-end models to refresh mass-market EVs. Now that we bid farewell to the Model S and Model X, some of their colors might be available on the more widely available Model 3 and Model Y.
Elon Musk
Tesla Semi’s official battery capacity leaked by California regulators
A California regulatory filing just confirmed the exact battery size inside each Tesla Semi variant.
A regulatory filing published by the California Air Resources Board in April 2026 has put official numbers on what Tesla Semi owners and fleet buyers have long wanted confirmed: the exact battery capacities of both the Long Range and Standard Range Semi truck variants. CARB is California’s independent air quality regulator, and it certifies zero-emission powertrains before they can be sold or operated in the state. When a manufacturer submits a vehicle for certification, the resulting executive order becomes a public document, making it one of the most reliable sources for confirmed production specs on any EV.
The document lists two certified powertrain configurations. The Long Range Semi carries a usable battery capacity of 822 kWh, while the Standard Range version comes in at 548 kWh. Both use lithium-ion NCMA chemistry and share the same peak and steady-state motor output ratings of 800 kW and 525 kW respectively. Cross-referencing Tesla’s published efficiency figure of approximately 1.7 kWh per mile under full load, the 822 kWh pack supports roughly 480 miles of real-world range, which aligns closely with Tesla’s advertised 500-mile figure for the Long Range trim. The 548 kWh Standard Range pack works out to approximately 320 miles, again consistent with Tesla’s stated 325-mile target.
Here is a direct comparison of the two versions based on the CARB filing and published specs:
| Tesla Semi Spec | Long Range | Standard Range |
| Battery Capacity | 822 kWh | 548 kWh |
| Battery Chemistry | NCMA Li-Ion | NCMA Li-Ion |
| Peak Motor Power | 800 kW | 525 kW |
| Estimated Range | ~500 miles | ~325 miles |
| Efficiency | ~1.7 kWh/mile | ~1.7 kWh/mile |
| Est. Price | ~$290,000 | ~$260,000 |
| GVW Rating | 82,000 lbs | 82,000 lbs |
The timing of this certification is not incidental. On April 29, 2026, Semi Programme Director Dan Priestley confirmed on X that high-volume production is now ramping at Tesla’s dedicated 1.7-million-square-foot facility in Sparks, Nevada. A key advantage of the Nevada location is vertical integration: the 4680 battery cells powering the Semi are manufactured in the same complex, eliminating the supply chain bottleneck that had delayed the program for years.
Tesla’s long-term goal is to reach a production capacity of 50,000 trucks annually at the Nevada factory, which would represent roughly 20 percent of the entire North American Class 8 market. With CARB certification now in hand and the production line running, the regulatory and manufacturing groundwork for that target is in place.
Tesla Semi gets strange-but-understandable comparison from Jay Leno
Tesla expands its mass-market color palette in the U.S.
