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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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Elon Musk put a number on where he thinks SpaceX’s Starship program is headed by 2030, replying on X a day after President Trump signed a memo pushing the country toward 1,000 space launches and reentries a year.
The exchange started when Aaron Burnett, co-founder of propulsion startup Mach 33, posted that “1,000 launches/reentries is the goal,” quoting White House science adviser Michael Kratsios on the newly signed National Space Transportation Policy. Burnett noted that the FAA’s own bull-case forecast reached only 385 annual launches by 2030, while his firm’s conservative model already put SpaceX alone near 940. Musk responded, “We’re aiming to reach 30+ Starship launches/day in 2030, which is ~10k annualized. Still tiny numbers compared to airplane flights!”
We’re aiming to reach 30+ Starship launches/day in 2030, which is ~10k annualized.
Still tiny numbers compared to airplane flights!
— Elon Musk (@elonmusk) August 21, 2026
That figure is specific to Starship, the rocket SpaceX is still developing for orbital and lunar missions, not the Falcon 9 fleet that carries most of the company’s current launch volume. Starship has flown twice this year, a slower pace than the four and five flights SpaceX managed in 2024 and 2025. Getting from two flights a year to 30 a day is the scale of jump the new federal policy is meant to clear regulatory room for.
Trump’s memo, signed Thursday, directs agencies to identify new launch and reentry sites on federal land, including a new reentry site within 90 days, and to speed up the permitting and environmental reviews that have long slowed cadence growth. It also sets a goal of returning American astronauts to the moon by 2028 and placing initial lunar base elements by 2030, tying the launch buildout directly to NASA’s Artemis program.
SpaceX has already been pushing the FAA toward higher numbers on its own. The agency approved up to 44 annual Starship launches from Kennedy Space Center in February, on top of a 2024 review that raised the cap at Starbase in Texas to 25 a year. Those approvals cover a fraction of the 10,000 annual flights Musk is now describing, which shows how far current permitting still sits from the administration’s stated target.
The near-term test of all this is more modest. SpaceX cleared a full-duration, six-engine static fire on its next Starship vehicle this week, the last major hardware checkpoint before Flight 14, which is targeting no earlier than August 28 and is expected to attempt the vehicle’s first full orbital mission. Musk said last week that a tower catch of the upper stage is still probably months away, a reminder that the immediate roadmap remains far more incremental than the daily launch numbers he just posted.
Tesla will resolve its massive recall of nearly three million vehicles in China with stickers and a software update.
On Friday, Chinese regulators filed recall plans against Tesla, Xiaomi, Leapmotor, Xpeng, Chery, Geely, Dongfeng, Arcfox, and FAW to resolve what is essentially a carbon-copy issue throughout each of the companies’ vehicle models: emergency door release latches are simply not visible enough.
Tesla door handle saga gets its latest chapter and a big change is coming
The companies will be required to add things that will make these latches, which will open the door in the event of an emergency, more visible. Of the 7 million vehicles impacted, Tesla accounts for 2,975,910 units. More than 1.9 million of those are Model Y vehicles, with the rest, just over 970,000, being Model 3s.
To resolve the issue, Tesla is going to add warning labels to the emergency latches free of charge, and then utilize an Over-the-Air update to add a post-crash window-lowering strategy, according to CNEVpost.
This massive effort to fix the all-electric Model Y and Model 3’s emergency latch system comes just months after several probes across various markets identified the trouble some had identifying this latch. Those who had gotten involved in car accidents that stripped the vehicle of its power were not aware that every Tesla has emergency door latches.
China’s State Administration for Market Regulation (SAMR) said that severe crashes that disable a vehicle’s low-voltage system could not only hinder occupants from getting out, but also make it more difficult for emergency response workers to gain entry.
SAMR is starting to tighten the regulations it has on door handles on vehicles. A new mandatory national standard will take effect for all models starting January 1, 2027, and will require all doors to be equipped with mechanical release mechanisms. This will effectively end purely electronic door handles. Models already on sale with type approval have been granted a two-year transition period, which will enable things to change until January 2029.
Tesla has officially confirmed plans to bring its all-electric Semi truck to Europe, with full specifications and market-launch details set for unveiling at the IAA Transportation trade fair in Hannover, Germany.
The event runs September 15–20, with a possible press preview on September 14. The announcement, shared via Tesla’s Semi account, marks a significant expansion beyond North America nearly nine years after the truck’s original 2017 reveal.
🚨 Tesla Semi is coming to Europe!
Sustainable logistics is a huge market internationally, and now Tesla is involved in it outside of the U.S. market! https://t.co/q3hjX6ybMv pic.twitter.com/mxTaVY3UsE
— TESLARATI (@Teslarati) August 20, 2026
In the United States, the Semi’s path has been gradual. Limited pilot production and customer deliveries began in late 2022, primarily to fleets such as PepsiCo. After years of refinement, high-volume manufacturing started on April 29, 2026, at a dedicated facility adjacent to Gigafactory Nevada.
The plant targets an annual capacity of 50,000 units, though the ramp is expected to be gradual, with “many thousands” of trucks projected by the end of 2026.
Demand is building, with recent orders including 500 units for Einride (deliveries starting September 2026, serving Amazon and others) and hundreds more from operators such as WattEV. Pricing stands at approximately $260,000 for the Standard Range and $290,000 for the Long Range before incentives.
Tesla Semi pricing revealed after company uncovers trim levels
Earlier in 2026, Tesla finalized production specifications that incorporated substantial updates. In February, the company detailed two variants designed for a full 82,000-pound gross combination weight.
The Standard Range offers about 325 miles of range with a 548 kWh battery and curb weight under 20,000 pounds. The Long Range delivers roughly 500 miles with an 822 kWh pack and a 23,000-pound curb weight. Both use three independent rear-axle motors producing up to 800 kW (about 1,073 horsepower), achieve energy consumption of around 1.7 kWh per mile, and support megawatt-class charging at up to 1.2 MW—recovering about 60 percent of range in 30 minutes through the MCS standard.
Additional refinements include a roughly 1,000-pound weight reduction versus earlier prototypes, improved aerodynamics, a 48-volt electrical architecture, electric power take-off up to 25 kW for refrigerated trailers, and fleet management software with over-the-air updates.
These advances position the Semi as a competitive option against diesel trucks on operating costs and performance. For Europe, adaptations such as lighting, cab configurations (including potential sleeper options), and regulatory compliance are anticipated.
With series production underway in Nevada and major fleet commitments secured, the upcoming IAA reveal will clarify timelines, European-specific specs, and pricing, potentially accelerating electrification of heavy-duty freight on both continents.
SpaceX and a new Trump order that could rewrite the next decade of launches
Tesla will resolve massive China recall with stickers and a software update
