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 Full Self-Driving, which is now referred to in Europe as “Tesla Assisted Driving” (TAD), is getting hit with a handful of new changes at the hands of the Netherlands’ vehicle authority, the RDW (Rijksdienst voor het Wegverkeer).
On 3 November, the RDW announced that it has assessed and approved a set of changes to Tesla’s FSD Supervised driver-assistance system. The updates introduce the official European name TAD and impose stricter controls on the system’s speed behaviour.
The new name will appear on the in-car display, in the owner’s manual, and in all other driver-facing information. The change applies to Tesla models equipped with Tesla Assisted Driving and hardware version 4.0 (HW4) or later.
Importantly, the RDW stressed that the name change does not alter the system’s fundamental operation: it remains a supervised driver-assistance feature that supports the driver in performing driving tasks. The driver stays fully responsible for controlling the vehicle at all times.
Beyond the rebranding, the most significant functional adjustments concern speed settings. Drivers will still be able to set a speed margin, a percentage by which the system may exceed the applicable speed limit when necessary for safety or traffic flow. However, the maximum allowable margin has been reduced from +50% to a maximum of +10%.
In addition, every time the vehicle is started, the speed-margin setting will default to 0% deviation, and other speed-related functions will be disabled by default. These changes will be delivered through an over-the-air (OTA) software update from Tesla.
Tesla requested the RDW’s review of these “minor changes.” After evaluating how the modifications were implemented and how the system behaves, the authority found no adverse or unintended effects on the system’s operation or the vehicle’s driving behaviour. Consequently, the existing type approval remains valid under the same conditions and for the same use; no amendment or extension of the approval is required.
The RDW has informed the nine EU member states that have already accepted its type approval—Belgium, Denmark, Estonia, Croatia, Latvia, Lithuania, Slovenia, Slovakia and Czechia—about the updates. Broader EU-wide approval is still under discussion within the European Technical Committee on Motor Vehicles (TCMV). Those proceedings remain confidential, and the RDW has declined to comment on them.
The approved changes align with earlier discussions involving German authorities, which had advocated both for clearer naming to avoid misleading drivers and for a tighter speed offset.
By formally incorporating these adjustments while leaving the core type approval intact, the RDW has cleared the way for Tesla to roll out the updated TAD software via OTA to eligible vehicles in the Netherlands and the other countries that recognise the Dutch approval. The system continues to function strictly as supervised driver assistance, with the human driver remaining the responsible party.
Tesla has released a fresh point-of-view video capturing the next-generation Roadster’s headline stunt from its October 15 unveiling, giving fans a visceral look at the car as it jumps and rotates over its siblings within the company’s vehicle lineup.
Tesla posted the video on X today with the caption “POV you’re a flying car,” and the roughly 30-second clip reveals never-before-seen angles directly attached to the Roadster. It’s really unbelievable:
The sequence reveals the uncrewed prototype firing its cold-gas thrusters, lifting off the ground, and barrel-rolling fully inverted while sailing over a staged lineup that includes a Model 3, Model Y, Cybercab, Cybertruck, and Tesla Semi.
Here’s an image of it that Tesla shared right after the unveiling event for a better perspective of what you’re looking at:
Credit: Tesla
There are also some other cool takeaways from the video, including the shift to the inverted-ramp demonstration. The Roadster uses its underbody suction-fan system to climb, then lock itself upside down on the ramp.
This generates multiple Gs of downforce, which then translates into the Roadster releasing these systems to enable a mid-air roll. The car then settles on its wheels gently as thruster vapor provides a perfect cushion.
All of the runs at SpaceX’s McGregor, Texas, test site, which is where the unveiling took place, were autonomous. Elon Musk stated this was a safety measure.
Tesla shows what Roadster drivers will see on screen before thruster activation
Tesla’s vehicle-engineering chief Lars Moravy dubbed the mid-air roll the “kickflip,” prompting Musk to quip that Tony Hawk would be proud and that the car could clear even more of the fleet. The thrusters, which use high-pressure compressed air and fast electric actuators, provide the precise, short-duration force needed for both the launch and the controlled rotation; the same hardware is intended for production versions of the higher-end Thrust and Rocket trims.
The second-generation Roadster, first teased in 2017, has been delayed repeatedly. Musk has indicated production is targeted for 2028.
While the company has yet to publish full pricing or independent performance verification, the combination of extreme acceleration, ground-effect suction, and limited flight capability has already positioned the car as one of the most theatrical EV reveals in years.
Musk has also said Tesla plans a dedicated Texas test track so future owners can experience the maneuvers themselves, far from public roads. The new POV clip simply lets everyone else feel a fraction of that experience from the car’s own cameras.
News
SpaceX’s Starfall just went from secret to storefront
SpaceX now pitches Starfall missions with 1,000 kg payloads, weeks of microgravity, and Starlink connectivity.
SpaceX has put up a dedicated commercial page for Starfall, its disk shaped reentry capsule, laying out for the first time what customers actually get when they book a flight. The page, live at spacex.com/starfall, pitches “affordable, routine access to microgravity” and invites companies to get in touch about flying manufacturing, research or testing payloads.
The specs are short and specific. Each Starfall mission carries up to 1,000 kg of payload, supplies 1 kW of power and connects through an Ethernet interface. Mission length is tailored to the customer, and the payload stays online the entire time through Starlink, which means researchers can pull data from an experiment while it is still in orbit instead of waiting for splashdown.
SpaceX is launching a secret spacecraft that could change how things are made in space
SpaceX is aiming the service at three markets. Biomedical customers are told they can grow stem cell organoids, replacement tissue and layered biomaterials. Pharmaceutical companies are pitched on protein and small molecule drug crystals, which form smaller and more uniform shapes without gravity driven convection. Materials science rounds out the list, with semiconductors and other next generation materials grown in vacuum and microgravity.
The page also makes clear which rocket SpaceX is counting on. “By launching on Starship, Starfall brings a reliable and scalable cadence previously unavailable to the market,” the company wrote, contrasting weeks of continuous microgravity with the seconds offered by drop towers and parabolic flights. No price or first operational flight date is listed.
The commercial push is a sharp turn from how Starfall started. SpaceX said almost nothing about the capsule ahead of its first flight in June, and nearly everything known came from FAA and FCC filings describing a disk about 10.2 feet wide and 2.5 feet tall that can return 2,200 pounds of cargo. By its second flight on the Bandwagon-5 rideshare in October, Starfall was listed by name on the mission page, though SpaceX still did not say what it carried.
Customers appear to be lining up. SpaceX said in its third quarter results that it signed three commercial Starfall missions during the quarter. On the earnings call, President Gwynne Shotwell described the capsule as providing “routine relatively low cost access to microgravity environments for scientific research, including improving our understanding of diseases like cancer and diabetes,” and said the three new missions would fly on Starship.
The branding effort extends past the website. SpaceX added a Starfall T-shirt to its online store on Monday as part of a batch of new merchandise, giving the program a place next to Starship, Starlink and Starshield in the company’s lineup.
The move also puts SpaceX in more direct competition with companies it launches. Varda Space Industries, which has built much of the in-space manufacturing market so far, flew its W-Series 7 capsule on the same Bandwagon-5 mission as Starfall in October. Varda’s capsules are roughly three times smaller than Starfall, and SpaceX controls the ride to orbit for both.
Starfall’s near term cadence depends on Starship. SpaceX is preparing for Flight 15 after completing static fires of Ship 42 and its Super Heavy booster in late October, and is aiming to catch both stages with the launch tower on that flight.
Tesla Full Self-Driving gets hit with some adjustments in Europe
Tesla shows off Roadster ‘kickflip’ over vehicle lineup in crazy new POV video
