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 has expanded its Tesla Assisted Driving (TAD) suite to its tenth European country, as Latvia joined a growing list of European Union member states authorizing the company’s advanced driver assistance technology.
Tesla Europe announced this morning that the system is now approved in Latvia, with a software rollout to begin soon.
The approval and rollout follow recognition of a provisional European type approval originally granted by the Netherlands’ RDW authority on April 10.
🚨 Latvia has just received approval for Tesla Full Self-Driving (Supervised)
This is the 10th country in the EU to gain approval:
1. Netherlands — 10 April 2026 (original RDW approval)
2. Lithuania — 20 May 2026
3. Estonia — 29 May 2026
4. Denmark — 9 June 2026
5. Belgium — 10 June 2026
6. Slovenia — 7 September 2026
7. Czechia — 21 September 2026
8. Croatia — 29 September 2026
9. Slovakia — 16 October 2026— TESLARATI (@Teslarati) October 26, 2026
Latvia’s Road Traffic Safety Directorate (CSDD) evaluated the Dutch documentation, coordinated with the other national authorities, and reviewed updates from Tesla. These included tightened limits on speed offsets, automatic resets of any manual speed adjustments after each trip, and stronger driver monitoring.
In Europe, the feature is marketed as Tesla Assisted Driving after a recent rule change that labeled the name “Full Self-Driving” as misleading.
The system remains an SAE Level 2 driver assistance tool, not unsupervised autonomy. It can control speed, steering, braking, lane changes, and intersections while following a navigation route. Drivers need not keep their hands on the wheel at all times, yet they must continuously monitor the road and be prepared to intervene immediately.
The sequence of EU recognitions began with the Netherlands in April and continued through Lithuania, Estonia, Denmark, Belgium, Slovenia, Czechia, Croatia, and Slovakia. Most have relied on mutual recognition of the single Dutch provisional approval rather than independent national testing.
These national clearances do not yet constitute bloc-wide authorization. An EU-wide decision requires a qualified majority in the Technical Committee on Motor Vehicles: at least 15 of 27 member states representing 65 percent of the EU population. Larger markets, like Germany, France, and Italy, remain under review, and a vote is expected this December.
However, for Latvian Tesla owners with compatible vehicles and software, the imminent rollout expands access to the supervised system while underscoring that attentive human oversight remains essential.
Tesla expanded its Robotaxi geofence in Houston, Texas, today, enlarging the service area and drawing a new rocket-shaped boundary across the city’s northwestern and central parts.
Although CEO Elon Musk said it was just a coincidence, the expansion seems to be an ode to SpaceX and its potential merger with Tesla.
🚨 Tesla has just expanded its Robotaxi geofence in Houston
It looks a lot like a rocket — we all remember the shape in Austin 🤣 https://t.co/cFOPEuiJ4u
— TESLARATI (@Teslarati) October 26, 2026
The official Tesla Robotaxi account announced the change with the lines “Houston, we have liftoff” and “Bigger service area now live,” pairing them with a map overlay.
The prior white geofence, roughly 25 square miles covering Jersey Village, Harvest Bend, and the Willowbrook corridor along U.S. 290 and State Highway 249, now sits inside a larger blue zone that stretches southeast toward Bellair and closer to central Houston.
Houston’s Robotaxi service launched on April 18, 2026, the same day as Dallas, as Tesla’s first unsupervised public expansion beyond Austin. From the start, the vehicles were Model Ys running without anyone in the front seats, booked through the dedicated Tesla Robotaxi app and open to the public inside the geofence.
Trackers measured the initial zone at about 25 square miles; by late September it had not grown substantially. Community and registry data indicated a modest local fleet of unsupervised Model Ys, while dozens to nearly 200 Cybercabs, the purpose-built, steering-wheel-free two-seaters, have been spotted staging and testing in Houston lots, though public Cybercab rides remain limited to Austin for now.
Across the broader Robotaxi program, Tesla began public Robotaxi rides in Austin in June 2025, as a small geofence and vehicles with safety monitors became available for a ride-hailing service. Later on, Tesla removed the monitors and steadily expanded the service area until it covered most of the Austin metro area.
Unsupervised Robotaxi services now run in six cities: Austin, Dallas, Houston, Miami, Orlando, and Tampa. Cumulative driverless miles reported by the company have reached several million. The Cybercab entered public service in Austin in early September 2026 and has scaled rapidly there. The company has also said that Dallas is next for Cybercab rides in November, with further cities and 24/7 hours targeted by year-end, plus fleet-operator sales of the vehicle.
Waymo also operates a fully driverless service in Houston, which has been open to the public since August of this year.
The Houston expansion continues Tesla’s pattern of starting with tightly controlled validation zones before widening coverage as real-world data accumulates, while the rocket motif on the map underscores the company’s habit of injecting visual flair into its autonomy rollout.
Riders inside the new boundary can request unsupervised Model Y trips in the Robotaxi app; exact operating hours and further Cybercab availability remain subject to app updates and company statements.
News
Tesla Cybercabs take over Austin’s F1 weekend
Tesla Cybercabs swarmed Austin’s F1 Grand Prix as sightings hit a record during race weekend.
Tesla’s driverless Cybercabs used the Formula 1 United States Grand Prix in Austin as their biggest public stress test yet. On Sunday afternoon, Tesla head of AI software Ashok Elluswamy quoted a photo from X user Ben Steindl showing a long line of gold Cybercabs and Model Y Robotaxis stacked up on a road near Circuit of the Americas. “Robotaxis as far as the eye can see!” Elluswamy wrote. Steindl’s original post was more matter of fact: “@Tesla @robotaxi is busy for the Austin F1.”
The fleet also handled the trip home. The race started at 3 p.m. Central, and once it ended, Cybercab Spotter, an account that logs Cybercab sightings around Austin, posted that “People are requesting Cybercabs to get home.”
Robotaxis as far as the eye can see! 🤩
— Ashok Elluswamy (@aelluswamy) October 25, 2026
Tesla set this up days in advance without announcing it. Late on October 22, rider David Moss posted Robotaxi app screenshots showing the Austin service area wrapping around the track toward Elroy and FM 812, with ride requests open until 1 a.m. A banner in the app read “Last call is 1am · Limited to nearby dropoffs.” Austin rides ended at 11 p.m. as recently as early October, as Teslarati reported, before moving to midnight on October 17.
Not every rider got dropped at the gate. Early app searches showed spots like COTA Karting as “Service blocked,” and one rider who took a Cybercab to the track Friday said the rideshare area was less than a 20 minute walk from the front gate.
The weekend also produced a new activity record. Cybercab Spotter counted 1,250 Cybercab sightings in Austin on Saturday, qualifying day. The previous high was 1,072 on October 16. Sightings count the same car more than once, so they measure how busy the fleet is rather than how big it is. For size, the Texas automated vehicle registry listed 463 Cybercabs at midday Sunday, up from the 300+ Tesla claimed on October 10, when Elluswamy also said Dallas is next for Cybercab.
The track was out of reach for Tesla’s main rival. Waymo runs in Austin only through Uber, and its service area stops well short of COTA. Waymo did not announce any race day service.
Tesla has not said how many rides it gave to and from the circuit, or whether the expanded zone and 1 a.m. cutoff will stay after race weekend. On the third quarter earnings call, Elluswamy said 2 a.m. service is coming “pretty soon” and that Tesla plans to run Robotaxi around the clock before the end of the year. The company is also aiming to hand the first Cybercabs to customers before 2026 ends, which would put cars like these outside Tesla’s own fleet for the first time.
Tesla Assisted Driving expands to tenth EU country
Tesla expands Robotaxi geofence in Houston with an ode to SpaceX merger
