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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 ramps up Sweden price war with cheaper Model Y offer
The incentive effectively acts as a manufacturer-funded EV bonus and makes the entry-level Model Y more affordable.
Tesla has introduced a new 40,000 SEK incentive in Sweden, lowering the price of its most affordable Model Y to a record low. The incentive effectively acts as a manufacturer-funded EV bonus and makes the entry-level Model Y more affordable.
As per a report from Swedish auto outlet Allt om Elbil, Tesla Sweden is offering a 40,000 SEK electric car bonus on the entry-level Tesla Model Y Rear-Wheel Drive variant. The incentive lowers the purchase price of the base all-electric crossover to 459,900–459,990 SEK, depending on listing.
The bonus applies to orders and deliveries completed by March 31, 2026. Tesla Sweden is also offering zero-interest financing as part of the campaign.
Last fall, Tesla launched a new base version of the Model Y starting at 499,990 SEK. The variant features a refreshed design and simplified equipment compared to the Premium and Performance variants. The new 40,000 SEK incentive now pushes the entry model well below the 460,000 SEK mark.
So far this year, the Model Y remains the most registered electric vehicle in Sweden and the third most registered new car overall. However, most registrations have been for higher Premium-spec versions. The new incentive could then be Tesla’s way to push sales of its most affordable Model Y variant in the country.
Tesla is also promoting private leasing options for the entry-level Model Y at 4,995 SEK per month. Swedish automotive observers have noted that leasing may remain the more cost-effective option compared to purchasing outright, even after the new discount.
The base Model Y Rear-Wheel Drive offers a WLTP range of 534 kilometers, a top speed of 201 km/h, and a 0–100 km/h time of 7.2 seconds. Tesla lists energy consumption at 13.1 kWh per 100 kilometers, making it the most efficient version of the vehicle in the lineup and potentially lowering overall ownership costs.
News
Tesla China hires Autopilot Test Engineer amid continued FSD rollout preparations
The role is based in Lingang, the district that houses Gigafactory Shanghai.
Tesla is hiring an Autopilot Test Engineer in Shanghai, a move that signals continued groundwork for the validation of Full Self-Driving (FSD) in China. The role is based in Lingang, the district that houses Gigafactory Shanghai and has become a key testing zone for advanced autonomous features.
As observed by Tesla watchers, local authorities in Shanghai’s Nanhui New City within Lingang have previously authorized a fleet of Teslas to run advanced driving tests on public roads. This marked one of the first instances where foreign automakers were permitted to test autonomous driving systems under real traffic conditions in China.
Tesla’s hiring efforts come amid ongoing groundwork for a full FSD rollout in China. Earlier reporting noted that Tesla China has been actively preparing the regulatory and infrastructure foundation needed for full FSD deployment, even though the company has not yet announced a firm launch date for the feature in the market.
As per recent comments from Tesla China Vice President Grace Tao, the electric vehicle maker has been busy setting up the necessary facilities to support FSD’s full rollout in the country. In a comment to local media, Tao stated that FSD should demonstrate a level of performance that could surpass human drivers once it is fully rolled out.
“We have set up a local training center in China specifically to handle this adaptation,” Tao said. “Once officially released, it will demonstrate a level of performance that is no less than, and may even surpass, that of local drivers.”
Tesla CEO Elon Musk has been quite bullish about a potential FSD rollout in China. During the 2025 Annual Shareholder Meeting, Musk emphasized that FSD had only received “partial approval” in China, though full authorization could potentially arrive around February or March 2026. This timeline was reiterated by the CEO during his appearance at the World Economic Forum in Davos.
Elon Musk
Tesla Model Y outsells all EV rivals in Europe in 2025 despite headwinds
The result highlights the Model Y’s continued strength in the region.
The Tesla Model Y was Europe’s most popular electric car in 2025, leading all EV models by a wide margin despite a year marked by production transition, intensifying competition, and anti-Elon Musk sentiments.
The result highlights the Model Y’s continued strength in the region even as Volkswagen overtook Tesla as the top-selling EV brand overall.
As per data compiled by JATO Dynamics and reported by Swedish outlet Allt om Elbil, the Tesla Model Y recorded 149,805 registrations across Europe in 2025. That figure placed it comfortably at No. 1 among all electric car models in the region.
The Model Y’s performance in Europe is particularly notable given that registrations declined 28% year-over-year. The dip coincided with Tesla’s Q1 2025 transition to the updated Model Y, a changeover that temporarily affected output and deliveries in several markets. Anti-Elon Musk sentiments also spread across several European countries amidst the CEO’s work with U.S. President Donald Trump.
Even with these disruptions, the Model Y outsold its nearest rival by more than 50,000 units. Second place went to the newly launched Skoda Elroq with 93,870 registrations, followed by the Tesla Model 3 at 85,393 units. The Model 3 also recorded a 24% year-over-year decline. Renault’s new electric Renault 5 placed fourth with 85,101 registrations.
Other top performers included the Volkswagen ID.4, ID.3, and ID.7, along with the BMW iX1 and Kia EV3, many of which posted triple-digit growth from partial-year launches in 2024.
While the Model Y dominated individual model rankings, Volkswagen overtook Tesla as Europe’s top EV brand in 2025. Volkswagen delivered 274,278 electric cars in the region, a 56% increase compared to 2024. Much of that growth was driven by the Volkswagen ID.7. Tesla, by contrast, sold 236,357 electric vehicles in Europe, representing a 27% year-over-year decline.
JATO Dynamics noted that “Tesla’s small and aging model range faces fierce competition in Europe, both from traditional European automakers and a growing number of Chinese competitors.”
Despite intensifying competition and brand-level shifts, however. the Model Y’s commanding lead demonstrates that Tesla’s bestselling crossover remains a dominant force in Europe’s fast-evolving EV landscape.
Tesla ramps up Sweden price war with cheaper Model Y offer
Tesla China hires Autopilot Test Engineer amid continued FSD rollout preparations
