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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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Why SpaceX is finishing another space-internet system that isn’t Starlink
SpaceX launched three final O3b mPower satellites Sunday, finishing a lesser known SES satellite network.
SpaceX had an 87 minute window opening at 2:49 p.m. Eastern on Sunday to fly a Falcon 9 out of Cape Canaveral carrying the final three satellites for SES’s O3b mPower constellation, a project that has taken more than a decade to finish since Boeing and SES first signed SpaceX on for the work.
Unlike the thousands of Starlink satellites SpaceX has stacked into orbit over the years, O3b mPower flies in a different neighborhood entirely. The three new satellites, tagged F11, F12 and F13, are headed for medium Earth orbit at roughly 5,000 miles up, more than ten times higher than Starlink’s shell around 340 miles but still a small fraction of the 22,000 miles where old school geostationary satellites sit. That middle position is the whole point, because a satellite that far out needs far fewer siblings to blanket the globe than a low orbit constellation does. Essentially, SES only needed 13 satellites total to build a network offering quick, steady service that used to require thousands of spacecraft.
With most people having heard plenty about Starlink and almost nothing about O3b mPower, SES and SpaceX already blend the two networks for some customers. Both SpaceX and SES sell satellite broadband, but they’re aimed at different buyers. Starlink is built for volume, direct to consumers, RVs, homes, small businesses, plus a growing aviation and maritime business. O3b mPower skips consumers entirely and sells enterprise grade connectivity to airlines, cruise lines, offshore energy operators, telecoms needing backhaul, and governments, priced and provisioned more like a dedicated circuit.
A 2023 partnership lets cruise ships combine Starlink’s speed with O3b mPower’s steady capacity depending on what a ship needs at a given moment. Sunday’s completed 13 satellite constellation effectively finishes the medium orbit half of that pairing, years after.
Sunday’s mission was already a something on SpaceX’s manifest well before O3b mPower entered the picture. This flight marked its 29th trip to orbit, a history that includes two crewed Axiom missions, the European Space Agency’s Euclid telescope and 22 separate Starlink batches. SpaceX has landed boosters on the droneship A Shortfall of Gravitas so often that Sunday’s touchdown attempt, if it went as planned, was set to be the 661st successful Falcon booster landing to date.
For a company that pushed the Starlink constellation past 11,000 satellites back in August, almost entirely through bulk launches from California, Sunday’s flight was a reminder that SpaceX’s schedule still has room for someone else’s satellites too. SES gets a finished network built for a narrower set of customers, and Falcon 9 gets one more line on an already long resume.
Elon Musk
Tesla gives the Roadster an official “Go for launch” demonstration date
Tesla teased an October 1 Roadster reveal, reviving years of delayed SpaceX thruster hover promises.
Tesla teased an October 1 event date for its next generation Roadster, posting an image on X Saturday that shows the car lit up like it is sitting on a launch pad, with the date “10.01” stamped across the bottom and the caption “Go for launch.” A countdown clock on Tesla’s Roadster order page now points to the same date, which falls on a Thursday. The company has not said where the event will happen or whether it will be streamed at the moment. Stay with us @Teslarati for live updates.
Go for launch pic.twitter.com/Khu03eiZ04
— Tesla (@Tesla) September 12, 2026
Tesla has since sent formal invitations to reservation holders confirming the event will take place in Waco, Texas, about 90 minutes north of its Austin headquarters, based on a digital ticket shared on X by Sawyer Merritt. Tesla did not name the exact venue, though Waco sits close to SpaceX’s McGregor, Texas, rocket test site, previously reported as the planned location for a Roadster thruster demonstration. The invite sets the reveal for 8:30 p.m. Eastern on October 1, requires RSVPs by midnight on September 16, and limits entry to guests 21 and older. Invitations are non-transferable.
The tease follows nine years of a project defined by unimaginable specs along with slipped dates. Musk first showed the second generation Roadster in November 2017 as a surprise reveal at the end of the Tesla Semi event, promising a 0 to 60 mph time under two seconds, a top speed above 250 mph, 620 miles of range from a 200 kWh battery, and production starting in 2020. At last November’s shareholder meeting, Musk set an April 1 demo date and joked the choice gave him “deniability” if it slipped again, which it did, moving first to late April, then to “a month or so,” then to August.
Tesla Roadster SpaceX Package’s 1.1-second 0-60 mph launch visualized in concept video
Whatever Tesla shows on October 1 is expected to center on the SpaceX developed thruster package Musk has described since 2018. Internally code named A71, a nod to the Lockheed SR-71 Blackbird, the system reportedly uses cold gas thrusters fed by a composite overwrapped pressure vessel, the same tank design SpaceX uses on Falcon 9. Musk has said a thruster equipped Roadster could hit 60 mph in about 1.1 seconds under roughly 2.75 g of launch force, well past the 1.9 second figure quoted for the standard car. That version reportedly will not be street legal and has reportedly been discussed as a limited run sold through a track only program.
The standard Roadster is still expected to carry the original $200,000 base price and $250,000 Founders Series tier, both set when Tesla opened $50,000 and $250,000 reservations in 2017. Tesla VP of Vehicle Engineering Lars Moravy has confirmed production will happen at Gigafactory Texas, with Musk targeting 2027 or 2028, 12 to 18 months after whatever the company demonstrates next month.
Tesla is planning to roll out some pretty significant safety and accident avoidance features with Full Self-Driving version 15, which will be the next major FSD deployment from the company.
Tesla AI lead Ashok Elluswamy used a near-miss this week to preview what the company says is the next leap in Full Self-Driving.
In response to a driver whose car had swerved away from another vehicle pulling out of a parking lot, Elluswamy wrote that he was glad the owner was safe and that “even earlier prediction of hazards, even faster reaction time and overall significantly better safety and collision avoidance” would arrive with FSD v15.
Glad you are safe. Even earlier prediction of hazards, even faster reaction time and overall significantly better safety and collision avoidance coming as part of the next big upgrade (v15).
— Ashok Elluswamy (@aelluswamy) September 11, 2026
The comment landed as Tesla continues to treat software as the primary safety upgrade path. v15 is described internally as a larger architectural step, with a much bigger neural network and tighter coupling between prediction and control.
The company has already begun using early v15 software in some robotaxi operations while rolling out safety features such as Automatic Collision Evasion into current customer cars, allowing the driving stack to intervene even when the driver is in manual control.
Tesla is rolling out a new FSD version with a massive safety addition
Tesla’s published telemetry is the backbone of its safety argument. In recent North American Vehicle Safety Report data, vehicles with FSD (Supervised) engaged traveled roughly 5.1 million to 5.7 million miles between major collisions, defined as airbag-deployment events.
Tesla’s estimate of the U.S. average over the same period is about 699,000 miles per comparable crash. That is the comparison Tesla often frames as roughly seven times fewer major collisions.
A tighter comparison uses the same Tesla fleet. Cars driven manually with active safety features such as automatic emergency braking still recorded a major collision about every 2.1 million miles. Against that baseline, FSD’s advantage shrinks to roughly 2.4 to 2.7 times fewer severe crashes, which independent researchers argue is the more apples-to-apples figure.
European data released in 2026 pointed in the same direction: Tesla reported FSD as 3.5 times safer than manual driving in the Netherlands and 4.1 times fewer collisions than manually driven Teslas with active safety across more than 100 million kilometers in five approved countries.
Those numbers do not settle every debate. NHTSA’s Standing General Order still shows Tesla accounting for the large majority of U.S. Level 2 driver-assist crash reports, in part because the fleet logs far more assisted miles than rivals. Critics also note that Tesla’s “U.S. average” mixes crash definitions and driving mix.
Even so, Tesla’s own same-car comparisons, plus lower rates of automatic emergency braking and harsh maneuvers when FSD is engaged, are the evidence Elluswamy is pointing to when he says v15 will push prediction and collision avoidance further. The claim is not that software already eliminates risk. It is that each major version is meant to widen the gap between the system and an unaided human driver.
Why SpaceX is finishing another space-internet system that isn’t Starlink
Tesla gives the Roadster an official “Go for launch” demonstration date
