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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 is ending Cybertruck production sometime in mid-2027, according to CEO Elon Musk.
Musk made the announcement on X last night, which came as a shock to many. He said that the Cybertruck will end production “to make room for increased Cybercab production” at Gigafactory Texas.
It is a huge blow to the fans of Tesla who have come to love the Cybertruck and identify with it as a symbol of their fandom. It has been the best-selling electric pickup, but it has had an underwhelming sales performance in terms of what was expected. This is mostly due to Tesla not meeting the prices it planned to offer the Cybertruck, as its unveiling and actual release were four years apart.
Tesla will be winding down production of the Cybertruck at Gigafactory Texas around the middle of next year to make room for increased Cybercab production
— Elon Musk (@elonmusk) November 6, 2026
Overall, the responses were mixed. Some fans understood the move toward Cybercab production, especially as Tesla is truly pushing the autonomous future through its Robotaxi platform. However, others did not understand it.
“Damn, how many Cybercabs do you guys need?” one response read. Another said it was “Sad but understandable.”Even analyst Gary Black had responded to the news, stating he hoped Tesla planned to replace it with a traditional pickup design.
It doesn’t seem like that will be the case.
Tesla is so hell-bent on delivering autonomy and eventually providing a driverless service that owning a car seems like an arbitrary idea, according to their thesis. Instead, Cybercabs will be available to pick you up and drop you off on demand, safely, without any human help.
As a result, Tesla has thinned its lineup considerably, and one can only ask where the vehicle lineup goes from here. Eventually, it seems like Cybercab could be the only vehicle that Tesla will sell.
Elon Musk
SpaceX’s next Starship flight set to make history on Friday the 13th
SpaceX is targeting Friday, November 13 for Starship Flight 15 and its first ship catch.
SpaceX is targeting Friday, November 13 for Starship Flight 15, the mission the company plans to use for its first attempt at catching the ship itself with the launch tower.
SpaceX Vice President of Launch Kiko Dontchev shared the date on stage at the UP.Summit on Thursday, according to Ars Technica’s Eric Berger, who was in attendance. It is the first launch target to come directly from a SpaceX executive. Until now, the public schedule had relied on FAA air traffic planning slides, which listed Flight 15 for no earlier than November 8 and later November 12. SpaceX has not posted an official mission page yet, and no launch time has been shared.
The date lands inside the window Elon Musk sketched out last month. Speaking at Giga Texas on October 10, Musk said the flight would “probably launch a little bit before Thanksgiving,” as Teslarati reported. On SpaceX’s third quarter earnings call ten days later, he confirmed that Flight 15 would try to catch both the Super Heavy booster and the ship, and put the odds of a successful ship catch at “more likely than not.” SpaceX also aired an animation of the maneuver during that webcast, showing the ship swinging vertical over Starbase before dropping into the tower’s chopsticks.
The hardware is ready. Booster 22 fired all 33 of its Raptor engines for a full duration static fire at Pad 2 on October 25. Ship 42 followed with a single engine burn simulating a deorbit maneuver on October 26 and a 60 second firing of all six engines the next day, according to NASASpaceflight. Ship 42 had already rehearsed the catch in September, when the Pad 2 arms lifted it into position and crews connected the quick disconnect arm while the vehicle hung from the tower.
The remaining hurdle is regulatory. The FAA’s Starship page does not yet list a Flight 15 license. SpaceX President Gwynne Shotwell said in October that, after “significant constructive engagement with the FAA,” she expects the license to cover a return to the launch site and a tower catch for both stages. Bringing the ship home means a reentry path that heads toward land, rather than ending over open ocean as every Starship flight so far has.
SpaceX has caught Super Heavy three times, on Flights 5, 7 and 8, but the ship comes back from orbital velocity and has never been caught. Flight 14 on September 28 was the first Starship to reach orbit, deploying 26 Starlink V3 satellites before splashing down despite an early engine shutdown that Musk blamed on engine computer software.
Musk has called a successful ship catch “the first time that there’s been full recovery of an orbital class rocket,” and he has already named the step after it: a Flight 16 where both the booster and the ship fly again. NASASpaceflight reports that Ship 43, the next vehicle in line, is set for static fire testing in December.
EVgo has tapped Tesla Superchargers for its most recent efforts to expand its charging presence in the United States, a move that seems logical based on the effectiveness of the automaker’s own infrastructure.
EVgo opened its first Supercharger site in Illinois, a 12-stall station near downtown Chicago at 3145 South Ashland Avenue in the Riverside Square & River’s Edge center, right beside a grocery store. This marks the start of the company’s plan to deploy hundreds of Supercharger stalls across the United States, primarily at grocery-anchored Regency Centers properties where drivers can shop, eat, or run errands while they charge.
We’ve opened our first EVgo Supercharger location in Illinois, marking the start of our plan to add hundreds of Supercharger stalls across the U.S.
Designed for both NACS and CCS vehicles with Magic Dock technology, these new sites help make fast charging more accessible and convenient for all EV drivers. Learn more: https://t.co/V92t5FDryQ
— EVgo Fast Charging Network (@evgonetwork) November 5, 2026
The new location uses Tesla’s Magic Dock technology so both NACS and CCS vehicles can plug in natively without drivers needing to carry their own adapters. Peak power reaches 325 kW at this site, with pricing set between $0.25 and $0.35 per kWh depending on the hour—the same rate for Tesla and non-Tesla drivers.
The stalls also appear in Tesla’s in-car navigation and Trip Planner, making them easy for Tesla owners to find and route to. Illinois has seen EV registrations rise nearly 60 percent over the past two years, and EVgo’s broader network has experienced more than 700 percent growth in charging demand over three years, so the timing fits the market’s trajectory.
Choosing Tesla hardware through the Supercharger for Business program turns out to have been a smart, practical move.
Tesla’s V4 stalls and cabinets deliver high, reliable power with a proven track record of strong uptime, while Magic Dock delivers true dual-standard compatibility in one package. Because the sites show up in Tesla’s navigation tools, EVgo instantly gains visibility among millions of existing Tesla drivers, which should raise utilization and help the company double its addressable market as more vehicles adopt NACS. EVgo still owns the stations and sets pricing, yet benefits from Tesla’s established hardware, longer cables, and operational support.
The result is faster, lower-risk infrastructure expansion that serves every EV driver—Tesla or otherwise—with convenient, high-power charging at everyday retail locations. For drivers, that means fewer adapters, more predictable stops, and a denser network just as electric vehicles become everyday transportation.
Tesla is ending Cybertruck production
SpaceX’s next Starship flight set to make history on Friday the 13th
