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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.)

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“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.”

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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.”

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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.

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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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Cybertruck

Tesla Cybertruck’s newest trim will undergo massive change in ten days, Musk says

It appears as if the new All-Wheel-Drive trim of Cybertruck won’t be around for too long, however. Elon Musk revealed this morning that it will be around “only for the next 10 days.”

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(Credit: Tesla)

Tesla’s new Cybertruck trim has already gotten the axe from CEO Elon Musk, who said the All-Wheel-Drive configuration of the all-electric pickup will only be available “for the next ten days.”

Musk could mean the price, which is $59,990, or the availability of the trim altogether.

Last night, Tesla launched the All-Wheel-Drive configuration of the Cybertruck, a pickup that comes in at less than $60,000 and features a competitive range and features that are not far off from the offerings of the premium trim.

Tesla launches new Cybertruck trim with more features than ever for a low price

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It was a nice surprise from Tesla, considering that last year, it offered a Rear-Wheel-Drive trim of the Cybertruck that only lasted a few months. It had extremely underwhelming demand because it was only $10,000 cheaper than the next trim level up, and it was missing a significant number of premium features.

Simply put, it was not worth the money. Tesla killed the RWD Cybertruck just a few months after offering it.

With the news that Tesla was offering this All-Wheel-Drive configuration of the Cybertruck, many fans and consumers were encouraged. The Cybertruck has been an underwhelming seller, and this seemed to be a lot of truck for the price when looking at its features:

  • Dual Motor AWD w/ est. 325 mi of range
  • Powered tonneau cover
  • Bed outlets (2x 120V + 1x 240V) & Powershare capability
  • Coil springs w/ adaptive damping
  • Heated first-row seats w/ textile material that is easy to clean
  • Steer-by-wire & Four Wheel Steering
  • 6’ x 4’ composite bed
  • Towing capacity of up to 7,500 lbs
  • Powered frunk

It appears as if this trim of Cybertruck won’t be around for too long, however. Musk revealed this morning that it will be around “only for the next 10 days.”

Musk could mean the price of the truck and not necessarily the ability to order it. However, most are taking it as a cancellation.

If it is, in fact, a short-term availability decision, it is baffling, especially as Tesla fans and analysts claim that metrics like quarterly deliveries are no longer important. This seems like a way to boost sales short-term, and if so many people are encouraged about this offering, why would it be kept around for such a short period of time?

Some are even considering the potential that Tesla axes the Cybertruck program as a whole. Although Musk said during the recent Q4 Earnings Call that Cybertruck would still be produced, the end of the Model S and Model X programs indicates Tesla might be prepared to do away with any low-volume vehicles that do not contribute to the company’s future visions of autonomy.

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The decision to axe the car just ten days after making it available seems like a true head-scratcher.

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Elon Musk’s Neuralink sparks BCI race in China

One of the most prominent is NeuroXess, which launched in 2021 and is already testing implants in patients.

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Credit: Neuralink

Neuralink, founded by Elon Musk, is helping spark a surge of brain-computer interface (BCI) development in China, where startups are moving quickly into human trials with strong state backing. 

One of the most prominent is NeuroXess, which launched in 2021 and is already testing implants in patients.

Neuralink’s clinical work and public demonstrations have drawn worldwide attention to invasive brain implants that allow patients to control digital devices using their minds. The company is currently running a global clinical trial and is also busy preparing for its next product, Blindsight, which would restore vision to people with visual impairments.

Neuralink’s visibility has helped accelerate similar efforts in China. Beijing last year classified brain-computer interfaces as a strategic sector and issued a roadmap calling for two or three globally competitive companies by 2030, as per the Financial Times. Since February last year, at least 10 clinical trials for invasive brain chips have launched in the country.

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NeuroXess recently reported that a paralyzed patient was able to control a computer cursor within five days of implantation. Founder Tiger Tao credited government support for helping shorten the path from research to trials.

Investment activity has followed the policy push. Industry data show dozens of financing rounds for Chinese BCI startups over the past year, reflecting rising capital interest in the field. Ultimately, while Neuralink remains one of the most closely watched players globally, its momentum has clearly energized competitors abroad.

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Tesla Supercharger vandalized with frozen cables and anti-Musk imagery amid Sweden union dispute

The incident comes amid Tesla’s ongoing labor dispute with IF Metall.

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Credit: Tesla Charging/X

Tesla’s Supercharger site in Vansbro, Sweden, was vandalized during peak winter travel weeks. Images shared to local media showed frozen charging cables and a banner reading “Go home Elon,” which was complete with a graphic of Musk’s controversial gesture. 

The incident comes amid Tesla’s ongoing labor dispute with IF Metall, which has been striking against the company for more than two years over collective bargaining agreements, as noted in a report from Expressen.

Local resident Stefan Jakobsson said he arrived at the Vansbro charging station to find a board criticizing Elon Musk and accusing Tesla of strikebreaking. He also found the charging cables frozen after someone seemingly poured water over them.

“I laughed a little and it was pretty nicely drawn. But it was a bit unnecessary,” Jakobsson said. “They don’t have to do vandalism because they’re angry at Elon Musk.”

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The site has seen heavy traffic during Sweden’s winter sports holidays, with travelers heading toward Sälen and other mountain destinations. Jakobsson said long lines formed last weekend, with roughly 50 Teslas and other EVs waiting to charge.

Tesla Superchargers in Sweden are typically open to other electric vehicle brands, making them a reliable option for all EV owners. 

Tesla installed a generator at the location after sympathy strikes from other unions disrupted power supply to some stations. The generator itself was reportedly not working on the morning of the incident, though it is unclear whether that was connected to the protest.

The dispute between Tesla and IF Metall centers on the company’s refusal to sign a collective agreement covering Swedish workers. The strike has drawn support from other unions, including Seko, which has taken steps affecting electricity supply to certain Tesla facilities. Tesla Sweden, for its part, has insisted that its workers are already fairly compensated and it does not need a collective agreement,

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Jesper Pettersson, press spokesperson for IF Metall, criticized Tesla’s use of generators to keep charging stations running. Still, IF Metall emphasized that it strongly distances itself from the vandalism incident at the Vansbro Supercharger.

“We think it is remarkable that instead of taking the easy route and signing a collective agreement for our members, they are choosing to use every possible means to get around the strike,” Pettersson said.

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