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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 bear Michael Burry got blunt with his beliefs over the company’s valuation, which he called “ridiculously overvalued” in a newsletter to subscribers this past weekend.
“Tesla’s market capitalization is ridiculously overvalued today and has been for a good long time,” Burry, who was the inspiration for the movie The Big Short, and was portrayed by Christian Bale.
Burry went on to say, “As an aside, the Elon cult was all-in on electric cars until competition showed up, then all-in on autonomous driving until competition showed up, and now is all-in on robots — until competition shows up.”
Tesla bear Michael Burry ditches bet against $TSLA, says ‘media inflated’ the situation
For a long time, Burry has been skeptical of Tesla, its stock, and its CEO, Elon Musk, even placing a $530 million bet against shares several years ago. Eventually, Burry’s short position extended to other supporters of the company, including ARK Invest.
-->Tesla has long drawn skepticism from investors and more traditional analysts, who believe its valuation is overblown. However, the company is not traded as a traditional stock, something that other Wall Street firms have recognized.
While many believe the company has some serious pull as an automaker, an identity that helped it reach the valuation it has, Tesla has more than transformed into a robotics, AI, and self-driving play, pulling itself into the realm of some of the most recognizable stocks in tech.
Burry’s Scion Asset Management has put its money where its mouth is against Tesla stock on several occasions, but the firm has not yielded positive results, as shares have increased in value since 2020 by over 115 percent. The firm closed in May.
In 2020, it launched its short position, but by October 2021, it had ditched that position.
Tesla has had a tumultuous year on Wall Street, dipping significantly to around the $220 mark at one point. However, it rebounded significantly in September, climbing back up to the $400 region, as it currently trades at around $430.
-->It closed at $430.14 on Monday.
Tesla appears to be making a change to its exterior side repeater cameras, which are used for the company’s Full Self-Driving suite, and other features, like Sentry Mode.
The change appears to be a potential upgrade in preparation for the AI5 suite, which CEO Elon Musk said will be present on a handful of vehicles next year, but will not be widely implemented until 2027.
Currently, Tesla uses a Sony sensor lens with the model number IMX963, a 5-megapixel camera with better dynamic range and low-light performance over the past iteration in Hardware 3 vehicles. Cameras in HW3 cars were only 1.2 megapixels.
However, Tesla is looking to upgrade, it appears, as Tesla hacker greentheonly has spotted a new sensor model in its firmware code, with the model number IMX00N being explicitly mentioned:
Looks like Tesla is changing (upgrading?) cameras in (some?) new cars produced.
Where as HW4 to date used exterior cameras with IMX963, now they (might potentially) have something called IMX00N— green (@greentheonly) December 1, 2025
Sony has not announced any formal specifications for the IMX00N model, and although IMX963 has been used in AI4/HW4 vehicles, it only makes sense that Tesla would prepare to upgrade these external cameras once again in preparation for what it believes to be the second hardware iteration capable of fully autonomous self-driving.
Tesla has maintained that AI4/HW4 vehicles are capable of self-driving operation, but AI5 will likely help the company make significant strides, especially in terms of overall performance and data collection.
Tesla last updated its exterior cameras on its vehicles back in early 2023, as it transitioned to the 5-megapixel IMX963. It also added additional cameras to its vehicles in January with the new Model Y, which featured an additional lens on the front bumper to help with Full Self-Driving.
Tesla’s new self-driving computer (HW4): more cameras, radar, and more
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Tesla launched the Model Y Standard as an attempt to offer affordable electric vehicles to consumers now that the $7,500 EV tax credit is gone. We were able to spend four days with the car, and it was more than enough time to determine whether or not the car was worth the $9,000 discount compared to the Premium All-Wheel-Drive configuration, which is what I drive daily.
The Model Y Standard was stripped of some of the features that are present in the Premium trims of the Model Y: no glass roof, a sound system with roughly half the speakers, fewer acoustic-lined glass windows, less storage, and less functionality from an interior standpoint.
However, there are some real advantages to purchasing a Standard Model Y, and there are a handful of situations where this car would be well-suited.
Do I think it is worth the lower price? Well, I’ll get to that later in this article.
Initial Thoughts
In my first impressions review of the Model Y Standard, I talked about the face-value differences between my Model Y Premium and the new, more affordable trim. You will first notice the lack of storage between the front two seats, as the cupholder and additional storage bin sliding doors are void. You still get the cupholders, but they are exposed, which isn’t a huge deal, but it definitely takes away from the sleek look the Premium trim offers.
-->Additionally, the textile seats replace those of the vegan leather that is available in the upper-level trims. I mentioned previously that I could take or leave the vegan leather for the textile seats, as they are easy to clean, quick drying, and hide oils from your skin much better than leather does.
However, there comes one big sacrifice that I have been spoiled by, as the textile seats are not ventilated, so say goodbye to cooling your keister in the Summertime.
The lack of a glass roof is something many owners might not even notice. However, I have been spoiled by the glass roof in my car, and I look out of it every time I’m in my car. It is one of my favorite features, without a doubt. While it would not be a dealbreaker for me, it would be something I would miss terribly.
Things I Noticed After Several Days
Cabin Noise
One of the biggest things I noticed after the first two days in the Model Y Standard is that the cabin is much louder than the Premium. This is because Tesla did not acoustically line all of the glass in the Standard configuration, as it did in the Premium. The side windows are not treated, just the windshields. Therefore, you notice the noise level in the cabin is louder than in the Premium.
If you had not been driving in a Premium trim for a few months, you might not notice it. However, it is something that is a big sacrifice when moving to a different trim level, especially one that is less premium than what you might currently drive.
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I have always been so shocked at how amazingly quiet the Premium trim’s cabin is; my Model Y is extremely peaceful, even when I’m sitting in bumper-to-bumper traffic, and people have modified mufflers and exhaust systems, tractor-trailers are going by, or crotchrockets are zipping by on the interstate.
This is a huge difference between the two cars, and it is something that is really hard to get used to. I know, first-world problems, right? But when you’re paying between $39,990 and $48,990 for a car, those little things truly do matter.
Stereo System Differences
Another thing I was very aware of was how weak the sound system is. I think if I had bought a Standard Model Y, I would have looked at having the speakers and subwoofers upgraded; I was almost disappointed in how much of a change it was between the two cars.
When I finally picked up my Model Y Premium on Friday (which had been detailed by the awesome team at Tesla Mechanicsburg), the first thing I did was crank up the volume and listen to some music. I really missed having a premium sound system.
Ride Quality
There are virtually no differences between the two cars in terms of ride quality. They are both extremely fun to drive, and the suspension in the Model Y Standard feels perhaps a little bit stiffer than the Premium. Regardless, I didn’t truly notice all that much of a change.
-->Driving this car around windy roads and tight turns was just as fun as my Model Y Premium. It was a blast to test out, and the slight change in feel was welcome. It’s always fun to drive new cars.
Performance
This is the first EV I’ve ever ridden in where I did not feel that awesome sensation of instant torque. It’s still a quick car, but it is missing that pep in its step that many of us have become accustomed to.
If you want to get someone’s true reaction to EV acceleration, let me just put it this way: This is not the car to do it in.
Some Little-Known Facts About the Model Y Standard
Most of us know that the Model Y Standard has a glass roof, but it is opaque, so even if you took out the headliner, you still would not see out of it. However, there is an interesting little tidbit from a Service perspective that does not make much sense.
If the Model Y glass roof cracks or is broken and needs to be replaced, Service is required to pull off the entire headliner and topside interior to access the glass. It cannot be replaced from the outside. In the Premium, because the glass is exposed, it is a much simpler process to replace the glass. This was an interesting thing I learned.
-->Additionally, the seat controls are only available on the center screen, which makes it difficult to adjust the seat if you are larger than the person who sat in the car previously. In order to adjust the seat, you’ll have to lean over the chair, access the controls from the screen, and adjust it manually before getting in.
Is the Tesla Model Y Standard Worth the Cheaper Price?
For an additional $9,000 to buy the Model Y Premium AWD, you would get a more capable powertrain, a quieter cabin, better performance, an upgraded interior, more storage, a better sound system, and more luxury features.
To me, the Standard is a car that seems extremely ideal for a teenager’s first vehicle (I got a $1,500 1998 VW Jetta K2 with 200,000 miles when I was 16), or a fleet vehicle. This would be the perfect car for salespeople to use: it does not have all the bells and whistles, it is efficient, and it is just what is needed to drive around to meetings.
For a personal car, it really depends on what you think you need. Admittedly, I’ve been spoiled by the Premium configuration, and personally, I wouldn’t go down to the Standard after owning a Premium trim.
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Tesla bear gets blunt with beliefs over company valuation
Tesla is making a change to its exterior cameras with a potential upgrade
