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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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Starlink gets its latest airline adoptee for stable and reliable internet access
The company said it plans to “rapidly integrate Starlink into its fleet,” and that the first Starlink-equipped aircraft will enter service this Summer.
SpaceX’s Starlink, the satellite internet program launched by Elon Musk’s company, has gotten its latest airline adoptee, offering stable and reliable internet to passengers.
Southwest Airlines announced on Wednesday that it would enable Starlink on its aircraft, a new strategy that will expand to more than 300 planes by the end of the year.
The company said it plans to “rapidly integrate Starlink into its fleet,” and that the first Starlink-equipped aircraft will enter service this Summer.
Tony Roach, Executive Vice President, Chief Customer and Brand Officer for the airline, said:
“Free WiFi has been a huge hit with our Rapid Rewards Members, and we know our Customers expect seamless connectivity across all their devices when they travel. Starlink delivers that at-home experience in the air, giving Customers the ability to stream their favorite shows from any platform, watch live sports, download music, play games, work, and connect with loved ones from takeoff to landing.”
Southwest also said that this is just one of the latest upgrades it is making to provide a more well-rounded experience to its aircraft. In addition to Starlink, it is updating cabin designs, offering more legroom, and installing in-seat power to all passengers.
Southwest became one of several airlines to cross over to Starlink, as reviews for the internet provider have raved about reliability and speed. Over the past year, Hawaiian Airlines, United Airlines, Alaska Airlines, airBaltic, Air France, JSX, Emirates, British Airways, and others have all decided to install Starlink on their planes.
This has been a major move away from unpredictable and commonly unreliable WiFi offerings on planes. Starlink has been more reliable and has provided more stable connections for those using their travel time for leisure or business.
Jason Fritch, VP of Starlink Enterprise Sales at SpaceX, said:
“We’re thrilled to deliver a connectivity experience to Southwest Airlines and its Customers that really is similar, if not better, than what you can experience in your own home. Starlink is the future of connected travel, making every journey faster, smoother, and infinitely more enjoyable.”
Starlink recently crossed a massive milestone of over 10 million subscribers.
Elon Musk
Tesla nears closure of Full Self-Driving purchasing option
The move to bring FSD to this type of purchasing program comes after CEO Elon Musk noted in January that Tesla would move away from the outright purchase option.
Tesla is nearing the closure of its Full Self-Driving outright purchasing option, which will be removed on February 14, meaning Saturday will be the last time it can be bought as a non-subscription.
Tesla is aiming to move its Full Self-Driving suite to a subscription-only platform, a move that will enable people to only pay monthly for the semi-autonomous driving functionality.
The move to bring FSD to this type of purchasing program comes after CEO Elon Musk noted in January that Tesla would move away from the outright purchase option.
It is currently priced at $8,000 for the outright option to use Full Self-Driving, a substantial decrease compared to the $15,000 it was priced at one time. For the monthly subscription, it is just $99 per month, but that price will change, likely increasing as things get more advanced.
Tesla is overhauling its Full Self-Driving subscription for easier access
We say it will likely increase because there is no indication of how Tesla will price FSD. There has been some speculation that Tesla could utilize a tiered system to price FSD, which would potentially allow owners to pick and choose a set of features that would be most ideal for them.
This would potentially introduce an even more affordable option for FSD use, but this is unconfirmed. The reason many say this could be an option for Tesla is the fact that if the price goes up further, the take rate, which is currently around 12 percent at its most recent estimate, could be lower.
Musk needs 10 million active Full Self-Driving subscriptions to unlock one of the tranches of his newest compensation package.
The move to a subscription-only platform has its positives and negatives, and owners have been more than vocal about these since Musk confirmed the move.
Positives
- Lower barrier to entry and higher potential adoption
- Financially better for many users
- Easier transfers and brand loyalty
- Predictable recurring revenue for Tesla
- Access to the latest features
Negatives
- Higher long-term cost for loyal/long-term owners
- No true “ownership” or permanence
- Risk of future price hikes or even deactivation
- Perceived as of less value
- Impact on resale and used market
Overall, there is a split among the Tesla community in terms of what they see as the “right” way to handle this. Tesla is likely to shed more details on what its plans for the subscription-only platform will be, including pricing, in the coming weeks.
Elon Musk
Elon Musk’s Boring Company selected for Universal Orlando tunnel project
The underground transport tunnel is designed to address the persistent gridlock surrounding International Drive.
Elon Musk’s The Boring Company has been selected for a proposed underground transit system connecting Universal Orlando Resort and the newly opened Universal Epic Universe.
The underground transport tunnel is designed to address the persistent gridlock surrounding International Drive.
As noted in a blooloop report, Universal’s Shingle Creek Transit and Utility Community Development District approved a resolution showing its intent to designate The Boring Company as the contractor for the project.
The agreement covers the full scope of the project, from the tunnel’s design, construction, and maintenance. The project has also been described in public documents as a “point-to-point innovative transportation” initiative with a 25-year agreement.
The proposed Boring Company tunnels would directly link Universal’s existing parks with Epic Universe, which sits roughly three miles away from Universal Orlando Resort. Today, buses are the only direct connection between the two destinations.
Project requirements were quite stringent. Bidders were required to demonstrate at least $75 million in bonding capacity, have a minimum of seven years of operational experience, and show prior delivery of a comparable project valued at $25 million or more within the past 15 years. The Boring Company, thanks in no small part to the Vegas Loop, meets these requirements.
The Orlando selection adds to The Boring Company’s growing portfolio of Loop-style systems. In Las Vegas, the Las Vegas Convention Center Loop has transported more than two million passengers in Tesla vehicles through underground tunnels since 2021. The greater Vegas Loop system is also under construction.
For now, residents in the area seem enthusiastic about the upcoming project. In a comment to Fox35, residents noted that the tunnels could improve traffic in the area.
“We are very congested at certain times and certain hours and that would certainly help with people not having to budget their time,” Mary Walters-Clark, a resident, stated. Another resident, Scott Heinz, echoed similar sentiments. “I think it would be a new opportunity to lessen traffic load and good for visitors as well,” he said.
The tunneling startup has started bringing its Loop projects to international locations. It recently signed a memorandum of understanding with Dubai’s Roads and Transport Authority to explore the development of a 17-kilometer underground Loop network beneath Dubai.
Starlink gets its latest airline adoptee for stable and reliable internet access
Tesla nears closure of Full Self-Driving purchasing option
