News
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.
Teslarati is now on TikTok. Follow us for interactive news & more. Teslarati is now on TikTok. Follow us for interactive news & more. You can also follow Teslarati on LinkedIn, Twitter, Instagram, and Facebook.
SpaceX plans to attempt what will be a defining moment in rocket reusability on Starship Flight 15.
As Elon Musk announced in a recent X post, SpaceX will attempt to catch both the Super Heavy Booster and the Starship upper stage during the upcoming orbital flight. If successful, it will mark the first time that all parts of an orbital rocket return to Earth intact, a breakthrough Musk has called essential to making life multiplanetary.
SpaceX will attempt to catch both the Super Heavy booster and Starship on the upcoming flight.
If both are successful, it will mark the first time that all parts of an orbital rocket return to Earth intact.
This is the critical breakthrough needed to make life multiplanetary.
— Elon Musk (@elonmusk) November 6, 2026
Previous flights have demonstrated the tower-catch technique with Super Heavy. SpaceX has successfully caught V1 boosters three times (on Flights 5, 7, and 8), with some even reflown. The Ship upper stage has never been caught.
Returning from orbital velocity after deploying payload makes it a significantly harder challenge due to higher energy, heat loads, and the need for precise belly-flop reentry, a flip maneuver, and a final landing burn to settle between the Mechazilla tower’s chopstick arms.
Flight 15, using Booster 22 and Ship 42 (both Block 3 vehicles), is targeted for no earlier than Friday, November 13, 2026, from Orbital Launch Pad 2 at Starbase, Texas. The 75-minute window opens at 4:45 p.m. CT, pending regulatory approval. After hot staging and separation, the booster is planned to return for a catch roughly 6 minutes and 35 seconds after liftoff.
The Ship will insert into a roughly 275 km orbit, deploy 26 advanced Starlink V3 satellites, complete about 14 orbits over more than 22 hours, and—if systems check out—perform a deorbit burn, reentry, flip, and landing burn for a tower catch at approximately T+22 hours 32 minutes.
SpaceX confirms Starship 15 launch window with massive ambitions
A simulation shown during SpaceX’s October earnings call depicted the Ship descending in a belly-flop attitude, flipping upright with a short engine burn, and being captured by the arms:
From simulation to reality
SpaceX is just ONE WEEK away from attempting its most ambitious Starship catch yet https://t.co/nHrxSX6DSz
— X Freeze (@XFreeze) November 6, 2026
Contingency splashdown zones exist in the Gulf of Mexico (booster) and Pacific (Ship) if a catch is not viable. SpaceX has stressed rigorous health checks before committing the Ship to a return-to-launch-site trajectory.
Musk has described the odds of success on this first dual-catch attempt as “more likely than not,” noting a steady stream of additional flights is already scheduled if needed. Full recovery would enable rapid inspection, refurbishment, and reflight—slashing costs and supporting the high launch cadence required for Starlink expansion, lunar missions, and eventual Mars settlement.
As Musk put it, this is “the critical breakthrough needed to make life multiplanetary.”
Tesla Cybercab is going to get some pretty substantial updates, including improvements to efficiency and a new color.
CEO Elon Musk said in a post on X on Saturday that Tesla would be working to refine the Cybercab even more, following the announcement during the week that the company would eliminate the Cybertruck lines within Giga Texas for more Cybercab manufacturing capacity.
“There are efficiency improvements coming that will allow for a 40kWh Cybercab pack,” Musk posted on X. “We will make this in liquid silver, so the colors are not too monotonous.”
There are efficiency improvements coming that will allow for a 40kWh Cybercab pack. We will make this in liquid silver, so the colors are not too monotonous.
The biggest thing most people fail to understand is that there are a very limited number of smart, dedicated people! They can only do so many things.
If we have to maintain a complex production line, supply chain and allocate engineering for Cybertruck, we can’t use those people or factory space and machinery for scaling Cybercab, which is the vehicle that will PROFOUNDLY transform the world of terrestrial transport!
— Elon Musk (@elonmusk) November 7, 2026
A new, more efficient model of the Cybercab will be engineered, which will only help Tesla’s profitability and margins, and it also boosts the argument for why the Cybertruck should be discontinued, at least from a business perspective.
The current Cybercab that operates in the Robotaxi platform in Austin, Texas, has a 48 kWh pack, and it sounds like Musk believes Tesla is on its way to introducing a version that has fewer cells but can manage the same workload thanks to engineering efficiencies.
Credit: Tesla
Musk also doubled down on the decision to prioritize Cybercab production over Cybertruck, which is a decision that has been extremely polarizing within the community, and many fans have made it abundantly clear that they are not particularly pleased with the plans.
“If we have to maintain a complex production line, supply chain, and allocate engineering for Cybertruck, we can’t use those people or factory space and machinery for scaling Cybercab, which is the vehicle that will PROFOUNDLY transform the world of terrestrial transport,” Musk said.
A good look at Tesla’s new Liquid Silver Cybercab, planned with a 40 kWh battery pack following new improvements
😍 https://t.co/IUYsUcCBMs
— TESLARATI (@Teslarati) November 8, 2026
Cybercab is obviously Tesla’s path forward in an automotive sense. It seems that Tesla is less concerned about catering to the passenger vehicle market and is more prone to focus on transforming passenger transportation in a way that prioritizes autonomy. However, this requires some sacrifice on Tesla’s end, and the Cybertruck is unfortunately a victim of this.
Cybercab holds an extremely crucial part of Tesla’s future. With the company already revolutionizing passenger transportation once, this is the next phase, and Cybercab is the path forward.
News
Tesla Robotaxi app update now tells riders if Cybercab is the better choice
Tesla’s Robotaxi app now shows ETAs, wait times and availability for Cybercab and Model Y.
Tesla has rolled out a new vehicle selection screen in its Robotaxi app, and it puts the numbers riders care about most in front of them before they book.
Version 26.11.0 of the app shows the estimated arrival time, the expected wait and current availability for each vehicle option on a single screen, according to a video shared by @gheeunit on X on November 7. Riders deciding between a Cybercab and a Model Y Robotaxi can now compare those figures side by side instead of picking a car first and learning how long it will take afterward.
Tesla first gave riders that choice on September 3, the day paid Cybercab rides began in Austin. The original version of the screen listed the Cybercab, which seats two, next to the Model Y, which seats four. A later build, 26.8.2, added a seating capacity indicator so groups knew which car would fit them. What it did not show was whether choosing the Cybercab meant standing on the curb a few extra minutes.
Newest version of @robotaxi app has a new vehicle selector UI for choosing between Cybercab and Model Y and shows you the fare for both simultaneously! https://t.co/7qoDQ0vACX — mantequilla 🧈 (@gheeunit) November 7, 2026
That question matters more now than it did two months ago. Tesla had 45 Cybercabs on the Texas DMV roster when rides started. By late October the state listed 573, alongside 631 Model Ys, and community trackers logged a record 1,576 Cybercab sightings across Austin on Halloween alone. With two large fleets sharing one service area, the closest car and the quickest pickup are not always the same vehicle.
Inline availability also changes what happens when demand spikes. If no Cybercab is free nearby, the rider sees that on the selection screen rather than after trying to book one.
For now the comparison is mostly an Austin feature. Riders in Dallas, Houston, Fort Worth and the Florida markets are still matched with Model Y vehicles, though Tesla said on its third quarter earnings call that Cybercab rides would launch in Dallas this month.
The update follows a steady run of smaller changes to the rider experience. Late last month Tesla brought a quiet mode that blacks out the cabin screen to Model Y Robotaxis after first testing it in the Cybercab, and it has stretched Austin service to run from 6 a.m. to 2 a.m.
The Cybercab side of that selection screen is about to get much busier. Elon Musk said this week that Tesla will wind down Cybertruck production at Gigafactory Texas around the middle of 2027 to make room for more Cybercab output, and Tesla has said it is aiming to get Cybercabs to customers by the end of this year.
Tesla has not published official release notes for version 26.11.0.
SpaceX will perform Starship double catch attempt with Flight 15
Tesla Cybercab is set to get some massive improvements
