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Tesla FSD’s prolonged release doesn’t make it a ‘fraud,’ company says

(Credit: cosmicxbird/Instagram)

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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.”

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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.”

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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.”

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“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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Johnna Crider is a Baton Rouge writer covering Tesla, Elon Musk, EVs, and clean energy & supports Tesla's mission. Johnna also interviewed Elon Musk and you can listen here

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Starlink launches Communities Program for passive income through internet sharing

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(Credit: Starlink | X)

Starlink is launching a new beta path for ordinary property owners and local operators to turn a single Starlink kit into a small shared-access business for passive income.

Under the Starlink for Communities program, a host installs one dish and router setup in a location with nearby demand: an apartment complex, campground, rural crossroads, or event site. Neighbors or local users can buy short-term passes rather than full individual subscriptions, giving the Starlink provider a potential path to passive income.

Hour, day, and week passes cover one device. A month pass covers up to four. Starlink handles account creation, payments, access controls, and the satellite link itself. The host’s role is mainly placement, power, and basic upkeep, with earnings tied to each paid connection.

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The model echoes the passive-income vision long attached to Tesla’s Robotaxi plans, and it seems like it’s something Musk has hinted toward in the past as he believes AI will make the need to work relatively optional. In both cases, the platform owns the hard parts of matching, billing, and network management, while an individual supplies a physical asset that sits idle much of the time.

A Starlink host’s dish can serve multiple nearby users without each household buying and installing its own terminal. A Tesla owner, under the stated Robotaxi concept, would leave a vehicle enrolled in the fleet during unused hours so the car generates rides while the owner is at work or asleep.

Both arrangements convert under-utilized hardware into a revenue stream. They also let the company scale coverage or capacity without owning every endpoint.

Differences are practical. A Starlink kit is a fixed, relatively low-cost terminal whose main constraint is local congestion and line-of-sight. A Tesla Robotaxi is a mobile, high-value vehicle whose earnings depend on demand density, utilization rates, insurance, cleaning, and charging.

Starlink’s program is already accepting host applications in multiple countries and describes the revenue split as ongoing. Tesla’s owner-network version remains more aspirational.

The company currently operates a limited company-controlled robotaxi service in select areas and has solicited interest from fleet buyers for Cybercab vehicles, while private Full Self-Driving owners have not yet been able to dispatch their own cars for paid rides at scale.

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Tesla primes Cybercabs for 4K streaming and high bandwidth gaming with Starlink integration

Starlink is a satellite broadband service operated by SpaceX that uses a constellation of low-Earth-orbit satellites to deliver internet to locations where terrestrial broadband is slow, expensive, or absent. It has grown to millions of subscribers worldwide by selling direct residential, mobile, and enterprise terminals, and have become widely available at a wide array at retail locations like Target and Best Buy.

The Communities program extends that reach by letting hosts resell short bursts of capacity to people nearby, while also providing high-speed internet access to those who are simply around a Starlink user.

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Tesla just made its headlights even better through a software update

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Credit: @jojje167 on X

Tesla just upgraded its headlights through a software update, making them even better without any physical or hardware upgrade.

Tesla’s latest software update is quietly improving nighttime driving for a small number of owners. Version 2026.38 includes a new capability called Dynamic Headlight Leveling.

The feature automatically adjusts the aim of the low beams in response to driving conditions and nearby traffic, with the goal of giving the driver more usable light on the road while reducing glare for oncoming vehicles and traffic ahead.

Unlike Tesla’s matrix high-beam system, which selectively dims individual LED segments to create shadows around other cars, Dynamic Headlight Leveling physically tilts the low-beam projectors. Internal motors respond to changes in vehicle pitch.

When the car accelerates hard, climbs a steep grade, or carries extra weight in the rear, the headlights can otherwise point higher than intended. The software counters that movement in real time so the beam stays aimed at the road surface rather than into the eyes of other drivers.

Early indications reveal the update is reaching a limited set of vehicles, including certain Model 3 and Cybertruck examples in the United States and the United Arab Emirates. The rollout does not appear tied to a single hardware revision, and Tesla has not published a broader schedule. It is simply a common waiting game until your car receives it.

The change arrives against a backdrop of wider complaints about headlight glare. Some earlier Model 3 and Model Y vehicles were the subject of an NHTSA recall related to excessive low-beam glare; the software adjustment offers a potential mitigation for cars equipped with the necessary leveling hardware. It does not replace adaptive high beams where those are already available, nor does it alter the basic low-beam pattern itself.

Instead, it keeps an existing beam pointed where it is most useful.

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For drivers who have received the update, the system requires no new settings or user input. The headlights simply respond as road conditions and traffic change. As the feature reaches more vehicles, it adds another example of Tesla using over-the-air software to refine existing hardware rather than waiting for a new model year. Nighttime visibility and reduced glare for others are the practical results owners are expected to notice first.

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Lifestyle

Tesla teases “Halloween Mode” update with Optimus rising from a graveyard

Tesla’s Halloween teaser hides a covered vehicle and an Optimus hand rising from the ground.

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Tesla has started teasing a Halloween software update for its vehicles, with  a short clip on X that reads, “Halloween is coming.” The clip opens on a glowing pumpkin before pulling back to the car’s center touchscreen, where the usual parked visualization has been replaced by a graveyard scene, and the vehicle draped with a white sheet so it reads as a cartoon ghost.

The second detail is a robotic hand clawing its way out of the dirt like a zombie, which looks to be the hand of Tesla’s latest Optimus V3 humanoid robot. While Tesla still has not formally shown Optimus Gen 3 walking around in service, renders pulled from Tesla’s Android app last month gave the clearest look yet, including far more refined hands that Tesla has said carry 22 degrees of freedom. The hand has been the hardest part of the program. Musk has called it the majority of the robot’s engineering difficulty, and Tesla’s patents describe a design driven by tendons with the actuators moved into the forearm.

Tesla Optimus V3 hand and arm details revealed in new patents

Optimus also has a Halloween track record. Last October the robot handed out candy in Times Square, and a costumed “zombie” Optimus shuffled around the Tesla Diner in Los Angeles on Halloween night.

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On the software side, Tesla’s 2025 Holiday Update expanded Santa Mode with a Santa sleigh, snowmen, snow effects, and a festive lock chime, so it wouldn’t be too far fetched if we saw something similar but themed for a  Halloween Mode.

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