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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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SpaceX soars with its first launch as a public company, marking a new era

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Credit: SpaceX

SpaceX executed its first Falcon 9 launch since going public on June 15, a routine yet symbolically powerful Starlink mission from Vandenberg Space Force Base in California.

Liftoff of the Falcon 9 booster B1093, on its 14th flight, occurred at approximately 8:34 a.m. PDT from Space Launch Complex 4E (SLC-4E), deploying 24 Starlink V2 Mini Optimized satellites into low-Earth orbit.

The first stage successfully landed on the droneship “Of Course I Still Love You” in the Pacific Ocean, underscoring the company’s unmatched reusability track record.

This mission comes just three days after SpaceX’s historic IPO on June 12, which shattered records as the largest ever. The company raised $75 billion by pricing shares at $135, with trading under ticker SPCX on Nasdaq opening at $150 and closing at $160.95—a 19 percent gain—valuing SpaceX at over $2.1 trillion.

The launch highlights the seamless transition from private innovator to public powerhouse. SpaceX, founded in 2002, has revolutionized access to space with over 650 Falcon 9 flights and a massive Starlink constellation now serving millions globally.

As a public company, it faces new pressures: quarterly earnings, shareholder scrutiny, and expectations to accelerate Starship development for Mars ambitions and deeper NASA partnerships. Yet the market response signals strong confidence in its dominance, as launch costs are slashed by 95 percent, rapid satellite deployment, and a backlog of government and commercial contracts.

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SpaceX maintains bold advertising push for Starlink, contrasting Tesla’s minimalistic approach

Analysts view today’s flight as business as usual, but it carries extra weight. With shares volatile in early trading days, successful operations reassure investors that core capabilities remain unaffected by public status.

SpaceX now operates under heightened transparency, potentially unlocking capital for ambitious goals like Starship orbital tests and global broadband expansion.

Challenges loom, including regulatory hurdles for megaconstellations, competition in reusable rockets, and orbital debris concerns. Nevertheless, this morning’s flawless execution reinforces SpaceX’s trajectory.

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As Musk often notes, the company’s mission—to make humanity multiplanetary—now aligns with Wall Street’s growth demands. The stars, it seems, are aligning for both.

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Investor's Corner

Musk’s biggest bettor Ron Baron reveals massive SpaceX IPO bet

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Ron Baron on Tesla stock

Renowned investor Ron Baron, founder and CEO of Baron Capital, has once again demonstrated his unwavering faith in Elon Musk’s ventures.

Just after SpaceX’s record-breaking IPO, Baron announced he purchased an additional $1 billion in SpaceX (NASDAQ: SPCX) shares. This move pushes Baron Capital’s total holdings in the company to a staggering $25 billion in market value, underscoring one of the most successful private-to-public investment stories in recent history.

Baron’s relationship with SpaceX dates back to 2017, when his firm began investing approximately $1.75–2 billion through secondary markets and employee tender offers at valuations around $20–22 billion.

By the time of the IPO, which valued SpaceX at over $2 trillion with shares closing near $161, those early stakes had generated more than $13 billion in unrealized gains. Post-IPO, Baron’s position ballooned further, reflecting the company’s meteoric rise driven by reusable rocketry, Starlink’s global satellite internet constellation, Starshield defense applications, and ambitious plans for orbital infrastructure.

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In a recent interview, Baron articulated his bullish outlook with characteristic enthusiasm.

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“I think we’re going to make hundreds of billions of dollars,” he stated, emphasizing that SpaceX’s achievements in rocketry and satellite technology are “not possible for anyone else to accomplish.” He envisions the company as a cornerstone of humanity’s multi-planetary future, potentially reaching valuations of $10–30 trillion within 10–15 years.

Baron has repeatedly affirmed he has no plans to sell, viewing SpaceX as a “lifetime investment” alongside Tesla.

Tesla bull Ron Baron reveals $100M SpaceX investment, sees 3-5x return on TSLA

This conviction stems from SpaceX’s unparalleled execution. The company has revolutionized access to space with Falcon 9 reusability, deployed thousands of Starlink satellites, and is advancing Starship for Mars missions and point-to-point Earth transport.

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Baron highlights emerging opportunities like space-based AI data centers and direct-to-cell satellite connectivity, positioning SpaceX at the forefront of a new space economy projected to generate trillions in value.

Critics may question the lofty projections amid high valuations and execution risks, but Baron’s track record speaks volumes. His Tesla holdings, initiated in the mid-2010s, have also delivered outsized returns. As one of the largest institutional holders of SpaceX pre-IPO, Baron Capital’s funds, such as Baron Partners, benefited immensely from valuation markups.

Baron’s $1 billion IPO purchase signals deep confidence in SpaceX’s post-IPO trajectory. In an era of short-term market noise, his strategy exemplifies patient capital: backing visionary leadership and transformative technology.

For investors watching the space sector, it serves as a powerful endorsement that the final frontier may indeed yield the next great wealth-creation engine. As Baron puts it, SpaceX isn’t just building rockets—it’s trying to “save humanity” by expanding our horizons beyond Earth.

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SpaceX maintains bold advertising push for Starlink, contrasting Tesla’s minimalistic approach

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SpaceX and Tesla, the two flagship companies under Elon Musk’s leadership, share a commitment to groundbreaking technology yet pursue dramatically different paths in how they connect with customers.

Tesla has built its brand through a philosophy of minimal traditional advertising, trusting that exceptional products will generate their own momentum.

SpaceX, by contrast, has embraced high-visibility paid advertising for its Starlink satellite internet service, placing prominent spots during major live sporting events such as the Super Bowl and the recent UFC Freedom 250. This divergence highlights how each company tailors its marketing to the unique demands of its products and target markets.

Tesla’s approach stems directly from Musk’s long-held conviction that superior engineering sells itself. Musk has repeatedly explained that the company redirects resources into research and development rather than endorsements or television commercials.

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Tesla’s growth has relied instead on organic channels: enthusiastic owner referrals, viral product reveals like the Cybertruck, extensive media coverage of launches and achievements, and the sheer visibility of its vehicles on roads everywhere.

Even as the company has tested more social media promotions in response to fluctuating demand, its overall strategy remains restrained and digital-focused compared to legacy automakers that pour hundreds of millions into marketing annually.

SpaceX has taken a more assertive route with Starlink to drive widespread consumer awareness. In February of this year, SpaceX aired its first-ever Super Bowl advertisement, marking the initial time any Musk-led enterprise invested in the massive event.

The thirty-second spot emphasized fast and affordable internet available nearly anywhere on the planet, blending inspiring footage of Falcon 9 and Starship landings with narration drawn from science fiction visionary Arthur C. Clarke. United Airlines complemented this with its own Super Bowl commercial showcasing Starlink-enabled high-speed Wi-Fi on flights.

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But that is not all SpaceX has done to get word out about its internet service.

Just last night, Starlink branding appeared prominently on the octagon and during the broadcast of UFC Freedom 250, the high-profile event staged on the White House South Lawn. These placements represent a strategic investment in reaching massive, engaged audiences.

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The rationale behind SpaceX’s advertising push lies in Starlink’s distinct position as a consumer broadband service. Unlike Tesla’s visually striking cars that act as mobile billboards for early-adopter enthusiasts, Starlink must overcome awareness gaps in rural, remote, and mobile markets where traditional internet infrastructure falls short.

Starlink now serves as SpaceX’s leading revenue generator, with ambitions tied to future growth and potential public offerings. Targeted advertising during sports broadcasts efficiently demonstrates real-world reliability for applications ranging from home connectivity to aviation and live event broadcasting.

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Partnerships with airlines and mobile providers further extend its reach, while high-profile placements help convert curiosity into subscriptions amid competition and regulatory considerations.

Ultimately, these contrasting strategies reflect the different maturity levels and competitive landscapes each business navigates. Tesla benefits from built-in visibility and a passionate community that amplifies its message at little cost.

Starlink, operating in the more fragmented broadband sector, requires deliberate efforts to educate and attract mainstream users. By leveraging the spectacle of major sporting events where Tesla once declined to participate, SpaceX is accelerating Starlink toward global ubiquity.

This flexibility underscores a key lesson: even the most innovative companies must adapt their tactics to the practical realities of their markets and customer acquisition challenges.

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