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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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Tesla integrates Grok Bot into its vehicles for the ultimate personal assistant

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Credit: Grok

Tesla has expanded Grok from an in-car chatbot into a hands-free work assistant. On September 22, Tesla officially launched Grok Bot capability, confirming that drivers can now manage email, calendars, files, chats, and tasks by voice and then hand more ambitious errands to the AI-fueled productivity cheat code.

Grok itself is built by xAI. The new car features split into two layers: Connectors link Grok to outside accounts. Grok Bot, currently limited to SuperGrok Heavy subscribers, can complete multi-step tasks such as placing a usual coffee order, booking a reservation, or scheduling an appointment. It truly puts the driver in a nearly complete hands-free driving and productivity setting, with ironically the only task truly requiring your hands being to touch the “Start Self-Driving” button.

We were granted access to Grok Bot’s Tesla integration a few weeks back, and we’ve been able to do a handful of things with it. On a handful of occasions, we’ve used it to order food and have it ready for pickup slightly later into the evening; we’ve managed to pick up groceries after a day of errands with Grok Bot, and outside of the car, it’s helped with budgeting and even my fantasy football draft.

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Tesla shows another way to utilize it: in their demo, a driver says “Hey Grok,” asks the assistant to check an inbox, and hears that a message concerns a weekend reservation. Grok then scans the calendar, reports no conflicts, and confirms the Tahoe trip is clear. It can also add check-in details to a road-trip itinerary. The point is not novelty chat. It is keeping eyes on the road, or on Full Self-Driving, while the car handles the paperwork of a trip:

This Grok rollout is not a gadget add-on as much as it is Tesla’s thesis in software form: the car should stop being a machine you operate and start being a room you occupy.

Connectors and Grok Bot treat the cabin as an office that happens to move, and that has truly been Tesla’s intention for years now. The car has slowly become an extension of a home more than a vehicle. Inbox, calendar, groceries, takeout, and reservations become voice work, not dashboard chores that you need to do before you get in your car.

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Responsibility shifts from the driver to the stack, and as many Tesla owners rely on FSD for travel, Grok Bot now handles the monotony of dinner reservations or appointments.

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Elon Musk

X changed how everyone gets paid, and this lawsuit shows why

X sued a Bitcoin account network over fake payouts as its creator pay model shifts

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Elon Musk’s X has taken a Bitcoin-focused engagement ring to court, and the case doubles as a receipt for how differently the platform pays creators today. The company filed suit in the High Court of England and Wales against Vivek Kumar Sen and Zamyang Sherpa, alleging the pair ran six accounts, including @Vivek4real_, @Bitcoin_Teddy and @TrendingBitcoin, as one coordinated operation to fake the kind of engagement that used to translate directly into money.

According to the filing, first reported by Gizmodo, the accounts posted near identical “BREAKING” crypto headlines seconds apart, in one case 11 seconds, then had three more handles like, reply to and repost the material to manufacture what X called “a false appearance of genuine, human communication and interaction.” X says the scheme pulled in at least £207,384, about $278,000, and pegs its own investigation and remediation costs at another £75,000. The accounts were suspended August 18. X general counsel James Burnham announced the case on X last weekend, writing that the company “will act forcefully to protect our platform and the earnings of genuine creators.” Musk’s own reaction, posted shortly after, was three words: “Don’t mess with 𝕏.”

The timing lines up with a a recent update to how X pays its creators. The program these accounts allegedly gamed, Creator Revenue Sharing, launched in mid 2023 and paid out based on how much a post got engaged with. Originality was never part of the formula, which is exactly how the platform ended up flooded with recycled clips, copy pasted “BREAKING” posts and replies engineered purely to farm reactions from paying subscribers.

X tried patching the model more than once, including an April cut to aggregator payouts and a March regional weighting change that Musk personally paused hours after it was announced. X retired Creator Revenue Sharing for good on September 7 and opened its replacement, Original Content Rewards, the next day.

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The new math is stricter. Payouts now come only from qualified impressions, meaning unique Home Timeline views from Premium subscribers where at least half the post is visible, and replies no longer count toward eligibility at all. Copied posts, reuploaded media and reposts without meaningful changes are explicitly excluded. Allegra Jacchia, senior product manager for Creators at SpaceXAI, which now runs X’s product and AI work following xAI’s acquisition of the platform, put it bluntly, saying the goal is to reward creators who bring original ideas and perspective, “not those who have become best at gaming the system.”

Read that way, the lawsuit isn’t really about six crypto accounts. It’s X putting a dollar figure on what the old incentive structure cost, then suing to collect it right as the new one goes live. For live updates on how the case and the new rewards program shake out, follow @Teslarati on X.

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Did Tesla make the perfect car for families? Tesla Model Y L Full Review

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tesla model y l in cosmic grey
Credit: TESLARATI

Last week, Tesla sent me the Model Y L for five days to test, assess, and enjoy for journalistic purposes. It’s always a treat when I get any media vehicle, and I’ve had the pleasure of working with Tesla and Ford for hands-on reviews of their products.

This one was exceptionally exciting for a few reasons: first, because it is the car I own, but bigger, so I was really excited to see if that extra space was worth it; and second, because my Fiancée (we’re down to just 18 days ’til she’s officially my wife!!!) and I plan to fill a car up with kids in the near future, so it was really nice to have a trial with a car that would potentially be in our driveway in a few years.

I did a full 10-minute video review of the Model Y L, which I will post at the bottom of this more condensed written version. If you prefer to watch a review, go ahead and skip to the bottom for that.

For those who prefer the writing, I’ll break down the big things about the Model Y L that I noticed, focusing on the big addition/difference that this car has from the Model Y: the third row. Tesla also added small-but-mighty changes to the Y L that I really wish were on my Model Y Premium, so I’ll be sure to mention those as well.

What Makes It Different from the Model Y?

tesla model y l in cosmic grey

Credit: TESLARATI

The first thing to note is that the interior of this vehicle, from the front row, is generally the same. It truly does feel like you’re in the same exact car with a slightly different seating layout. Of course, Tesla interiors do feel this way, at least with the Model 3 and Model Y, but there are no drastic differences between the Model Y L and the Model Y from the front row.

This should be expected, so definitely do not go into it thinking you’ll know you’re in a different car. It is a very similar experience to the Model Y.

Tesla Model Y L: new features that make it better than the standard Model Y

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The true differences come from the back two rows. The only true difference from the front is the addition of a new Dynamics Feature that falls under the “Ride & Handling Priority” menu, which now allows you to adjust the suspension damping to prioritize a comfortable ride for everyone or one that is noticeably better from the rear two rows. In terms of ride comfort, the front rows definitely feel the impact of this; it is a noticeable difference and much stiffer in the driver’s seat with this setting turned to prioritize the rear occupants.

There are also a series of small improvements, like the rear taillight is now up toward the spoiler, which must be a strategy for making the rear glass actually useful in the Y L compared to the regular Y.

Some other small changes are the addition of small magnets for the sub-trunk lid, which is a great addition and something I’d like to do in my Model Y; it sounds to me as if the Model Y L liftgate motor is less whiny than the one in my Model Y; and all three rows of climate are controllable from the front touchscreen.

I talk about them in a short video here:

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Second and Third-Row Legroom

The major feature of the Model Y L is the third row, and Tesla did a great job of making it spacious enough for more than just your nine-year-old nephew. It actually does have a suitable amount of legroom for adults, but it is dependent on how tall the people are in the first- and second-row seats in front of you.

This is where I caught some slack from those who have also sat in the Model Y L and believe there is enough room for anyone of any height. I certainly believe that those who are not complainers could sit back there for a multiple-hour drive and not complain. I would enjoy sitting in the back row because I think it is comfortable; the vents for air are perfectly positioned on the C pillars for maximum comfort, and I found that there was enough room back there for me. I’m 5′ 8″, so I’m definitely not tall. However, I found that I had more than enough legroom:

Tesla Model Y L third-row legroom

Credit: TESLARATI

The picture above is where my Fiancèe could sit comfortably in the second row in front of me, and she is 5′ 1″. There is a lot of give and take with these seats, and I believe most groups could make it work. She was comfortable in the second-row seat in front in this position, and as you can see, I have plenty of room. She could easily come back a few inches, and I’d still be comfortable.

This is where I think people would truly benefit from seeing what the space in this car looks like for themselves. To me, I found it more than suitable for a group of friends to go out in and for everyone to be comfortable. There might be some strategy to it if you have some taller friends, but it’s definitely doable.

Overall, the space in the Y L in the back two rows is great: the second-row Captain’s Chairs have mechanical armrests that go down automatically when you exit the car, and come back up on their own when you return. The second row also has ventilated seats; you’ll only have the heat option in the third row.

tesla model y l interior from driver's seat

Credit: TESLARATI

Overall Thoughts

It was really a great five days with the Model Y L, and I do believe that this is a great car for families. I do not believe it is the perfect one. It is really an excellent option for those who can make do with what is truly a compact crossover stretched out to make way for a third row. However, I think that more families simply want something large, like Tahoe or Expedition large, and the Model Y L does not necessarily answer that call.

I think it is more than reasonable for a family of six to have this car and make it work. It is safe, it has Full Self-Driving, which I believe will be a non-negotiable for me moving forward in car buying; and it is relatively affordable, with the Launch Edition coming in at a price of $61,990 before options. Not going to a gas station for the past year has really been a lifesaver for me, especially with home charging saving us so much money.

Tesla will need to have an answer for the families that want something like a Cyber SUV or simply something that qualifies as a full-size SUV. I just truly do not think that every family will see this as enough space, and I think that’s understandable. If someone were to want to take an overnight trip with their four kids, I don’t know if it would be the easiest cargo situation because without that third row folded down, that trunk space is confined to just 14.8 cubic feet. I couldn’t take four kids and a wife to Ocean City for a week with using only the trunk space. We’d likely have to get creative, and I think that’s what many families want to avoid.

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For comparison’s sake, a Tahoe offers 25.5 cubic feet of trunk space, which is still tight, but much more manageable and forgiving.

With all that being said, the Model Y L is still a great option and I’d be willing to see past the cargo issues because of FSD and the safety of Tesla vehicles overall. For our full review, check out the video below:

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