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.
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Tesla expanded its new Full Self-Driving program, which gives people the opportunity to experience the company’s suite, in Europe.
Tesla recently launched an opportunity for Europeans to experience Full Self-Driving, not in their personal vehicles, but through a new ride-along program that initially launched in Italy, France, and Germany back in late November.
People could experience it by booking a reservation with a local Tesla showroom, but timeslots quickly filled up, making it difficult to keep up with demand. Tesla expanded the program and offered some additional times, but it also had its sights set on getting the program out to new markets.
It finally achieved that on December 9, as it launched rides in Denmark and Switzerland, adding the fourth and fifth countries to the program.
Tesla confirmed the arrival of the program to Denmark and Switzerland on X:
Now available in Denmark & Switzerland
🇩🇰 https://t.co/IpCSwHO566 https://t.co/V2N5EarLNX
— Tesla Europe & Middle East (@teslaeurope) December 9, 2025
The program, while a major contributor to Tesla’s butts in seats strategy, is truly another way for the company to leverage its fans in an effort to work through the regulatory hurdles it is facing in Europe.
Tesla has faced significant red tape in the region, and although it has tested the FSD suite and been able to launch this ride-along program, it is still having some tremendous issues convincing regulatory agencies to allow it to give it to customers.
CEO Elon Musk has worked with regulators, but admitted the process has been “insanely painful.”
The most recent development with FSD and its potential use in Europe dealt with the Dutch approval authority, known as the RDW.
Tesla says Europe could finally get FSD in 2026, and Dutch regulator RDW is key
Tesla said it believes some regulations are “outdated and rules-based,” which makes the suite ineligible for use in the European jurisdiction.
The RDW is working with Tesla to gain approval sometime early next year, but there are no guarantees. However, Tesla’s angle with the ride-along program seems to be that if it can push consumers to experience it and have a positive time, it should be easier for it to gain its footing across Europe with regulatory agencies.
News
Tesla ramps hiring for Roadster as latest unveiling approaches
Tesla published three new positions for the Roadster this week, relating to Battery Manufacturing, General Manufacturing, and Vision Engineering.
Tesla is ramping up hiring for positions related to the Roadster program, the company’s ultra-fast supercar that has been teased to potentially hover by CEO Elon Musk.
The company seems to be crossing off its last handful of things before it plans to unveil the vehicle on April Fool’s Day, just about four months away.
Tesla published three new positions for the Roadster this week, relating to Battery Manufacturing, General Manufacturing, and Vision Engineering. All three are located in Northern California, with two being at the Fremont Factory and the other at the company’s Engineering HQ in Palo Alto.
Technical Program Manager, Battery Manufacturing
Located in Fremont, this role specifically caters to the design of the Roadster to factory operations. It appears this role will mostly have to do with developing and engineering the Roadster’s battery pack and establishing the production processes for it:
“You will foster collaboration across design engineering, manufacturing, quality, facilities, and production to align with company priorities. Additionally, you will understand project opportunities, challenges, and dependencies; translate scattered information into concise, complete messages; and communicate them to every team member. As the business process development lead, you will develop, maintain, and implement tools and processes to accelerate battery manufacturing execution, achieve cross-functional alignment, and deliver highly efficient systems.”
Manufacturing Engineer, Roadster
Also located in Fremont, this role also has to deal with the concept development and launch of battery manufacturing equipment. Tesla says:
“In this role, you will take large-scale manufacturing systems for new battery products and architectures from the early concept development stage through equipment launch, optimization, and handover to local operations teams.”
Manufacturing Vision Engineer, Battery Vision
This position is in Palo Alto at Tesla’s Engineering Headquarters, and requires the design and scale of advanced inspection and control systems to next-generation battery products:
“You’ll work on automation processes that directly improve battery performance, quality, and cost, collaborating with world-class engineers in a fast-paced, hands-on environment.”
Developing and deploying 2D and 3D vision and measurement systems from proof-of-concept to deployment on high-volume battery manufacturing lines is part of the job description.
Roadster Unveiling
Tesla plans to unveil the Roadster on April 1, and although it was planned for late this year, it is nice to see the company put out a definitive date.
Musk said on the Joe Rogan Experience Podcast in late October:
“Whether it’s good or bad, it will be unforgettable. My friend Peter Thiel once reflected that the future was supposed to have flying cars, but we don’t have flying cars. I think if Peter wants a flying car, he should be able to buy one…I think it has a shot at being the most memorable product unveil ever.”
Production should begin between 12 to 18 months after unveiling, so we could see it sometime in 2027.
Investor's Corner
Tesla Full Self-Driving statistic impresses Wall Street firm: ‘Very close to unsupervised’
The data shows there was a significant jump in miles traveled between interventions as Tesla transitioned drivers to v14.1 back in October. The FSD Community Tracker saw a jump from 441 miles to over 9,200 miles, the most significant improvement in four years.
Tesla Full Self-Driving performance and statistics continue to impress everyone, from retail investors to Wall Street firms. However, one analyst believes Tesla’s driving suite is “very close” to achieving unsupervised self-driving.
On Tuesday, Piper Sandler analyst Alexander Potter said that Tesla’s recent launch of Full Self-Driving version 14 increased the number of miles traveled between interventions by a drastic margin, based on data compiled by a Full Self-Driving Community Tracker.
🚨 Piper Sandler reiterated its Overweight rating and $500 PT on Tesla $TSLA stock
Analyst Alexander Potter said FSD is near full autonomy and latest versions showed the largest improvement in disengagements, from 440 miles to 9,200 miles between critical interventions pic.twitter.com/u4WCLfZcA9
— TESLARATI (@Teslarati) December 9, 2025
The data shows there was a significant jump in miles traveled between interventions as Tesla transitioned drivers to v14.1 back in October. The FSD Community Tracker saw a jump from 441 miles to over 9,200 miles, the most significant improvement in four years.
Interestingly, there was a slight dip in the miles traveled between interventions with the release of v14.2. Piper Sandler said investor interest in FSD has increased.
Full Self-Driving has displayed several improvements with v14, including the introduction of Arrival Options that allow specific parking situations to be chosen by the driver prior to arriving at the destination. Owners can choose from Street Parking, Parking Garages, Parking Lots, Chargers, and Driveways.
Additionally, the overall improvements in performance from v13 have been evident through smoother operation, fewer mistakes during routine operation, and a more refined decision-making process.
Early versions of v14 exhibited stuttering and brake stabbing, but Tesla did a great job of confronting the issue and eliminating it altogether with the release of v14.2.
Tesla CEO Elon Musk also recently stated that the current v14.2 FSD suite is also less restrictive with drivers looking at their phones, which has caused some controversy within the community.
Although we tested it and found there were fewer nudges by the driver monitoring system to push eyes back to the road, we still would not recommend it due to laws and regulations.
Tesla Full Self-Driving v14.2.1 texting and driving: we tested it
With that being said, FSD is improving significantly with each larger rollout, and Musk believes the final piece of the puzzle will be unveiled with FSD v14.3, which could come later this year or early in 2026.
Piper Sandler reaffirmed its $500 price target on Tesla shares, as well as its ‘Overweight’ rating.
Tesla expands new Full Self-Driving program in Europe
Tesla ramps hiring for Roadster as latest unveiling approaches
