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.
Elon Musk
Elon Musk’s AI Grok Bot can now handle banking while your Tesla FSD handles the road
Elon Musk says Grok Bot can manage your finances through linked bank and investment accounts.
Grok Bot now wants access to your wallet, with SpaceXAI rolling out a new Finance integration for its agent platform that lets users link bank, credit card and investment accounts thereby letting their Bots help manage spending, investments and more. Elon Musk amplified the announcement on X with a short endorsement, “Grok Bot can manage your finances.”
The feature builds on two earlier steps. In early September, Grok gained the ability to answer questions about spending, savings, investments and cash flow using accounts connected through Plaid, starting with users in the U.S. Before that, on August 28, SpaceXAI let Grok Bot buy things online through Link, with users approving every spend request and the Bot receiving a single use card for each payment.
Musk has already shown how far he wants users to push it. In late August, when Tesla investor account Teslaconomics said he was weighing whether to give Grok Bot access to his bank accounts, Musk replied, “Try it out. If Grok Bot messes up, we will make you whole.” That promise goes beyond SpaceXAI’s consumer terms, which make users responsible for what their agents do and generally cap the company’s liability at the greater of fees paid or $100. SpaceXAI’s own documentation recommends requiring approval for purchases and financial transfers.
For Tesla owners, the update lands five days after Tesla brought Grok Bot into its vehicles, letting drivers hand off errands by voice while FSD (Supervised) handles the road. Bot access inside the car is currently limited to SuperGrok Heavy subscribers, though Connectors are open to anyone signed into Grok. With Finance linked, a driver could ask for a spending summary or a check on upcoming bills during the commute.
Grok’s role in the car has grown quickly since Tesla’s Summer Update let it control cabin features by voice. We have been using Grok Bot in our own Tesla for several weeks, and here’s how our latest test went.
Elon Musk
SpaceX just got the green light Starship has waited years for
The FAA has cleared Starship Flight 14, setting up SpaceX’s first orbital attempt on Monday.
SpaceX has cleared the last regulatory hurdle standing between Starship and its first trip to orbit. The Federal Aviation Administration issued the launch license for Starship Flight 14 late Saturday, keeping the mission on track for liftoff Monday, September 28, from Pad 2 at Starbase, Texas.
The 75 minute launch window opens at 7:15 a.m. Central, and Boca Chica Beach closures are also scheduled for September 29 and 30 as backup dates. This will be Starship’s first revenue generating mission.
The license was the missing piece after SpaceX completed a full wet dress rehearsal with Booster 21 and Ship 41 on September 24. At the time, the company said the flight remained on track pending regulatory approval. Because Flight 14 flies an orbital profile, the FAA had to sign off on a modified license that met its safety, payload and financial responsibility requirements.
Observers combing through the new FAA paperwork also noticed that lightning no longer appears among Starship’s listed launch hazards. If that holds, it matters more for where Starship is headed than for Monday’s attempt. Florida and Louisiana, home to LC-39A and the planned Starbase Louisiana site, see some of the most frequent lightning in the United States.
SpaceX tells the FCC that Starship Flight 14 is going to orbit
Flight 14 is the mission SpaceX has been building toward for months. Ship 41 will carry 26 Starlink V3 satellites, the first operational V3 units to be deployed, and attempt roughly six orbits at about 275 kilometers over a flight lasting just under 10 hours. SpaceX says the ship will only perform its orbital insertion burn after flight controllers confirm enough hardware redundancy remains for the deorbit burn at the end of the mission. Ship 41 is targeting a splashdown in the Pacific west of Chile, while Super Heavy will return to the Gulf of Mexico.
The date carries some symbolism as well. A Monday launch would come 10 years and one day after Elon Musk first presented the Interplanetary Transport System, the design that became Starship, at the International Astronautical Congress in Guadalajara, Mexico.
SpaceX has not announced what comes next, but air traffic planning slides reported this week, list Flight 15 no earlier than October 19 and a first Starship launch from LC-39A in Florida no earlier than October 30. Both dates depend on how Monday goes.
News
SpaceX completes another secret Pentagon launch, adding to suspected Starshield buildout
SpaceX launched the classified USSF-385 mission from Vandenberg, landing its booster on a tenth flight.
SpaceX launched another classified mission for the U.S. Space Force from California early Saturday morning, and the Falcon 9 booster that carried it landed on a drone ship in the Pacific for the tenth time. The USSF-385 mission lifted off from Space Launch Complex 4E at Vandenberg Space Force Base at 7:00 a.m. PT.
Booster B1100 touched down on Of Course I Still Love You roughly eight and a half minutes after liftoff. It was the booster’s tenth flight and tenth successful landing, following the NROL-95 national security mission and eight Starlink launches. Its previous flight, a Starlink Group 15 mission on August 22, came just 35 days earlier. SpaceX ended its livestream shortly after the landing, which is standard for classified payloads, and neither the company nor the Space Force has said what the rocket carried.
Watch Falcon 9 launch the USSF-385 mission from pad 4E in California https://t.co/CAdbx85Ydy
— SpaceX (@SpaceX) September 26, 2026
USSF-385 is the fourth Space Force launch from the same Vandenberg pad in roughly six weeks, following USSF-366 on August 15, USSF-153 on September 10, and USSF-259 on September 17. When SpaceX flew USSF-366 in August, independent trackers noted that the rocket’s stage drop zones matched SpaceX’s Starlink Group 15 missions, pointing to Starshield, the government version of the Starlink satellite bus. The Space Force later cataloged 23 satellites after both USSF-366 and USSF-153, while USSF-259 placed 17 satellites into a different orbital plane, per KeepTrack. Launch databases describe USSF-385 the same way, though the payload remains officially unidentified.
The cadence lines up with the contracts, because in July, the Space Force awarded SpaceX $1.6 billion in task orders for 18 Falcon 9 missions from Vandenberg through the end of 2027. SpaceX also holds contracts to build pieces of that same network, which pushed its Pentagon contract total for 2026 past $8 billion.
Saturday’s flight was also the sixth and final Falcon 9 launch from Vandenberg in September, according to Spaceflight Now, while only one Falcon 9 flew from the East Coast this month as SpaceX shifts its Florida infrastructure toward Starship. Launch trackers list it as SpaceX’s 112th mission of 2026 and the 108th Falcon 9 flight of the year, with SLC-4E turned around about six and a half days after its previous launch.
The West Coast pad will not stay quiet for long, considering SpaceX has another Starlink mission scheduled from SLC-4E on September 30. Meanwhile, in Texas, the company is two days away from Starship Flight 14, which is targeting Monday at 7:15 a.m. CT for the vehicle’s first attempt to reach orbit.
Elon Musk’s AI Grok Bot can now handle banking while your Tesla FSD handles the road
SpaceX just got the green light Starship has waited years for
