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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 surges Robotaxi fleet ahead of Cybercab launch event
Tesla’s unsupervised robotaxi fleet quietly grew sevenfold in three weeks just before Cybercab Day arrives.
Tesla’s unsupervised Robotaxi fleet has grown far faster than the public numbers suggested, and the timing lines up with the company’s biggest autonomy showcase yet. According to data compiled by the crowdsourced Robotaxi Tracker, Tesla now has nearly 200 vehicles operating without a safety monitor across Austin, Dallas and Houston, yielding a roughly 7X increase in about three weeks.
The jump lands four days before this week’s Tesla Cybercab launch event in Austin, where the company plans to show off its purpose-built, two-seat robotaxi with no steering wheel or pedals in a live commercial setting for the first time. Stick with us on X and Facebook for live reporting from the event.
The strategic logic is straightforward. Tesla has spent the past year scaling Robotaxi in small, deliberate steps, first widening geofences, then extending operating hours, then quietly growing fleet size, usually with little advance notice. Ashok Elluswamy told investors on the Q2 earnings call that the program had logged more than 380,000 unsupervised miles with zero notable incidents, a safety record the company has leaned on to justify moving slowly. Critics have used the flip side of that caution, a fleet that appeared stuck around two dozen vehicles for months, as evidence that Tesla’s driverless ambitions were outrunning its actual deployment.
A fleet quietly scaling to nearly 200 vehicles right before Cybercab Day undercuts that argument without Tesla having to say anything about it directly. It also sets up the event to do double duty. Rather than simply introducing new hardware, Tesla can point to an operating base of unsupervised Model Ys already running at meaningful scale, then argue the Cybercab, which uses the same underlying Full Self-Driving stack according to earlier coverage of the fleet’s software upgrades, is a natural next steps. Tesla has separately been registering the two-seat Cybercabs with Texas regulators this week, with the count climbing from seven to 45 in a matter of days.
The two ramps, one in software-driven Model Y deployment and one in physical Cybercab registrations, are happening in parallel rather than in sequence. That suggests Tesla wants Thursday’s event to land as proof that the robotaxi business is already running at scale, not just a reveal of a new vehicle shape. Whether the unsupervised numbers hold up once Cybercabs start mixing into the same fleet is the detail worth watching once the event wraps.
Tesla is lowering the monthly price of its Cybertruck Windshield Protection Plan from $35 to $25. The new rate will apply to the first payment on or after October 1, 2026. Tesla has told subscribers that all other benefits stay the same.
The plan covers unlimited repairs for chips and minor cracks on the front windshield. It also includes one full replacement every 12 months at no extra charge. Additional replacements in the same year carry a $100 deductible. Service is performed with Tesla glass and camera calibration, which matters because Autopilot and Full Self-Driving rely on those lenses behind the windshield.
Looks like Tesla is decreasing the Cybertruck windshield protection plan price from $35 to $25
Awesome https://t.co/MRlTU1XTbf pic.twitter.com/PWkMZt1H7G
— TESLARATI (@Teslarati) August 28, 2026
There is no long-term contract. Coverage applies only to the front glass and does not include collision, vandalism, or weather damage.
The Cybertruck’s large, complex windshield has been more expensive to replace than glass on Tesla’s cars, which is why the pickup started at a higher subscription price. The $10 monthly cut reduces the annual cost from $420 to $300. Tesla has not publicly explained the change. The timing coincides with a year of claims data after the plan was extended to the Cybertruck.
Tesla sells several related protection products as monthly subscriptions through the Tesla app. The Windshield Protection Plan is also offered on other models. Model 3 and Model Y currently cost $16 a month. Those passenger-car rates are unchanged in the latest Cybertruck notice.
The Wheel and Tire Protection Plan covers road-hazard damage such as potholes, nails, and debris. Repairs are unlimited. Each wheel or tire replacement appointment has a $25 deductible. Pricing varies by model and whether the vehicle is a Performance version. Tesla is raising some of those rates on the same October 1 date.
Reported examples include Model 3 Performance moving from $16 to $24 and Model Y Performance from $20 to $24. Cybertruck wheel-and-tire coverage has been listed at $20 a month for the standard configuration.
A separate Luxe Package bundles four years of windshield coverage, wheel-and-tire coverage, and recommended maintenance on certain new Model S, Model X, and Cyberbeast orders, although the Model S and X are now defunct.
Tesla also offers an Extended Service Agreement after the basic vehicle warranty ends. That product covers many Tesla-manufactured parts rather than glass or tires. Together, the plans give owners a menu of targeted, cancel-anytime coverage instead of relying only on auto insurance.
UPDATE: The number has now been updated to 45 units, up from 7!
Here we go! Tesla has just added another 38 Cybercabs to its Robotaxi fleet, bringing the total up to 45, according to the Texas DMV.
Robots on robots on robots! This Thursday’s launch event is gonna be awesome🤖🤖🤖 pic.twitter.com/3HF24rHK4T
— Sawyer Merritt (@SawyerMerritt) August 31, 2026
Tesla is bolstering its Cybercab fleet with the State of Texas’s regulatory bodies ahead of the planned launch of the all-electric ride-hailing vehicle this Thursday.
Seven purpose-built Tesla Cybercabs have been added to Texas’s official automated vehicle registry, appearing in the Texas Motor Carrier Credentialing System (TxMCCS) public lookup just three days before Tesla’s invite-only Cybercab launch event in Austin on September 3.
The records, visible through TxDMV’s Motor Carrier and Automated Motor Vehicle Operator Lookup, list seven 2026 Tesla Cybercabs under Tesla Robotaxi, LLC. Their VINs begin with the 5YJA prefix, distinct from the 7SAYG Model Y robotaxis that already dominate Tesla’s Texas fleet.
Community trackers that scrape the same public database recorded the new entries on August 31, bringing Tesla’s authorized Texas robotaxi total to 276 vehicles: 269 Model Ys and the seven Cybercabs:
🚨 There are now SEVEN Tesla Cybercabs registered with the state of Texas
We are just three days from Cybercab! pic.twitter.com/ndwhuFYsep
— TESLARATI (@Teslarati) August 31, 2026
Texas Senate Bill 2807, which took effect in late May 2026, created a self-certification framework for commercial Level 4 operations. Operators file through TxMCCS, attest to SAE Level 4 capability, maintain insurance, and keep an active vehicle list.
Tesla completed that process months earlier for its existing Model Y Robotaxi service, which has carried paying passengers in Austin, Dallas, Houston and other markets. Adding the Cybercabs to the same authorization means the new two-seat, steering-wheel-free vehicles are now legally recognized for commercial use on Texas roads.
The timing is deliberate as Tesla scheduled the September 3 event at its Austin campus after sending invitations to selected Robotaxi riders and other guests. The company has described the evening as a chance to “experience the future of full autonomy” and plans to livestream it.
Production Cybercabs, which lack pedals and a steering wheel, have been rolling off the Giga Texas line for months; some earlier examples still carried temporary driver controls for data collection. Registering a small fleet of the finished design immediately before the public event signals that Tesla intends to move the purpose-built vehicle from factory and test tracks into the same Robotaxi app already used by Model Y passengers.
The seven units remain a tiny fraction of Tesla’s overall Texas authorization and far smaller than competing fleets. Registration does not automatically equal unsupervised public rides; it is the legal prerequisite.
Still, the sudden appearance of Cybercab VINs in the state’s lookup system, after a year of Model Y-only listings, is the clearest official confirmation yet that Tesla’s dedicated robotaxi hardware is entering the regulatory pipeline at the same moment the company is preparing to show it to invited guests and a global livestream audience.
Whether those seven vehicles appear at the September 3 event or begin carrying passengers shortly afterward, their presence in TxMCCS marks a concrete regulatory step that has been anticipated since the Cybercab concept was first revealed.
Tesla surges Robotaxi fleet ahead of Cybercab launch event
Tesla Cybertruck windshield protection just got cheaper
