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.
Teslarati is now on TikTok. Follow us for interactive news & more. Teslarati is now on TikTok. Follow us for interactive news & more. You can also follow Teslarati on LinkedIn, Twitter, Instagram, and Facebook.
Elon Musk
MKBHD just ordered the Tesla Cybercab with his hair on the line
MKBHD ordered a Tesla Cybercab, two years after betting his hair Tesla couldn’t sell one.
Marques Brownlee spent two years betting his hair that Tesla would never sell a Cybercab to regular buyers for under $30,000 before 2027. On Friday, he posted on X that he had been invited to buy one. “Alright chat I’m in,” the YouTuber known as MKBHD wrote, before sharing a screenshot that read “Your Cybercab Order is Confirmed.”
The bet dates back to Tesla’s We, Robot event in October 2024, when Elon Musk unveiled the two seat Cybercab and said customers would be able to buy one for less than $30,000, with production starting “before 2027.” Days later, in a video titled “The Tesla Robotaxi is Confusing,” Brownlee called the timeline “notorious Elon stuff” and said that if Tesla pulled it off, he would “shave my head on camera because I’m that confident.”
Musk accepted the challenge in February, when the first production Cybercab rolled off the Giga Texas line. Asked on X whether Tesla would sell a Cybercab to a customer for $30,000 or less before 2027, he answered “Yes,” and added “Gonna happen,” as Teslarati reported at the time. Brownlee narrowed the terms in a September video, saying the bet was that a “golden robotaxi with two seats and no driver and no steering wheel and no pedals” would not ship “to regular people like you and me for $30,000 before the end of this year.”
Tesla’s invite only order page now lists the Cybercab at $29,990, ten dollars under that line, with estimated deliveries in December. Buyers put down a $1,000 non-refundable deposit, must take delivery in Austin, Dallas, Fort Worth, Houston or San Antonio, and are limited to one vehicle each. A $299 per month Autonomy Subscription is required for the car to operate.
Brownlee is not conceding. “My hair is safe for several reasons,” he wrote, pointing out that no Cybercabs have been delivered and that orders are invite only rather than publicly available. He also noted that the car is limited to personal use inside Tesla’s existing Robotaxi geofences, calling it “a paperweight if I take this thing home,” though he acknowledged that point was never part of the bet. He then asked Grok to set a timer for 48 days, which lands on December 31.
I’m tryna see something https://t.co/bKxMtfSbxm — Marques Brownlee (@MKBHD) November 14, 2026
Musk responded directly. Replying to Brownlee’s breakdown of the order page, he said the Cybercab “will be available nationwide, as we receive regulatory approval,” and agreed that “the monthly fee is too high”. He said it should match the cost of FSD and connectivity on Tesla’s other models, “more like ~$115/month.” In a separate reply about Brownlee’s hair, Musk wrote, “He’s a chicken.”
Where Brownlee’s car would go is unclear. He lives in New Jersey, far outside any Robotaxi service area, and Tesla’s agreements restrict where owners can operate the vehicle and how they can resell it, as Teslarati detailed.
Elon Musk
SpaceX makes history, catching Starship from orbit for the first time
SpaceX caught Starship’s upper stage with its launch tower for the first time on Saturday.
SpaceX caught a Starship upper stage with its launch tower for the first time on Saturday, bringing Ship 42 back to Starbase after roughly 22 and a half hours in orbit on Flight 15. No company has ever returned the upper stage of an orbital rocket to its launch site and caught it.
Ship 42 lifted off Friday evening on top of Booster 22, reached orbit and deployed all 26 of its Starlink V3 satellites. Three of those satellites carried cameras to photograph the ship’s heat shield, and SpaceX said the imagery showed it was in good shape for reentry, allowing controllers to pass on a backup splashdown option overnight. By Saturday morning, SpaceX posted on X that “Pad and tower systems are go for catch.” After about 14 orbits, the ship fired its engines to leave orbit, came back through the atmosphere and was caught by the tower’s chopstick arms.
IT HAPPENED https://t.co/KHITqHUWOf — TESLARATI (@Teslarati) November 14, 2026
The catch salvages a flight that started with a setback. Super Heavy did not make it back to the tower on Friday. “We were initially go for a catch, but in the later stages of the coast, the booster aborted itself for a GNC issue that it detected and that put it into its landing offshore,” SpaceX’s Dan Huot said. The booster hovered over the Gulf of Mexico before its flight termination system triggered and it came down in the water.
Elon Musk said Saturday that the booster ran short on propellant because its engines slightly underperformed. The fix, he wrote, is better engine consistency with Raptor V3.2 and a flight software change to cut the engines “about one second earlier” so enough fuel is left for the return. “This booster loss does not change our timeline to reach high volume, fully reusable Starship flights,” Musk added.
The ship is the harder half of that goal, and the one SpaceX had never recovered. Super Heavy has now been caught three times, most recently in March 2025, while every previous ship ended in the ocean or was lost. Falcon 9 lands its boosters routinely but throws its upper stage away on every launch. Musk described a full Starship recovery on SpaceX’s third quarter earnings call as a “profound technology milestone,” and Saturday’s catch shows the hardest piece of it can work.
That piece matters for nearly everything SpaceX is planning. Reusable ships are what make the economics of launching Starlink V3 satellites at scale work, along with the Starmind orbital compute constellation. NASA’s Artemis lunar lander also depends on refilling Starships in orbit with repeated tanker flights, which requires vehicles that can fly again quickly. Musk has said he expects Starship to reach a weekly launch cadence in the first half of 2027.
Flight 15 also improved on the last Starship mission in September, which reached orbit but ended after about three hours with a Pacific splashdown when some engines shut down. Before this flight, SpaceX had shown an animation of the ship catch during its earnings webcast, and Musk put the odds of pulling it off on the first try at “more likely than not,” as Teslarati reported.
Tesla’s long-promised Cybercab is finally available for personal purchase, at least for a select few in the Austin area. But it’s far from a straightforward ownership experience.
The $29,990 price tag comes with a stack of restrictions that redefine what “owning” the vehicle actually means. The two-seat, steering-wheel-free Robotaxi, previously limited to Tesla’s own fleet, now carries contractual terms that limit where it can go, how it can be used, and whether it can even move without an active paid subscription.
Opening Night of Orders
Late on November 13, Tesla announced that select customers were being invited to order a Cybercab for personal use.
Tesla Cybercab goes on sale for $29,990, slated for December deliveries
The estimated purchase price is $29,990 before taxes, paired with a non-refundable $1,000 deposit and an estimated December 2026 delivery in Austin, Texas. The first month of the required :Autonomy Subscription,” priced at $299 per month is included.
After that, the vehicle needs an active subscription to operate at all. The announcement confirmed that customer sales had begun, albeit on an invite-only basis rather than a public order page.
The Fine Print for Buyers
BREAKING: Tesla’s Cybercab Autonomy Subscription terms are now live. A paid monthly subscription is required.
1/12 Tesla: “Your Cybercab will not operate without an active Autonomy Subscription. 🧵 https://t.co/umVk6DJE2x— Spencer (@scotsrule08) November 13, 2026
For those invited to order, the agreements (Cybercab Order Agreement, Terms of Use, and Autonomy Subscription Agreement) impose significant constraints. Major points include:
- A mandatory Autonomy Subscription (currently listed at $299 per month on the order screen, first month included) is required; without it, the Cybercab will not operate.
- Personal, non-commercial use only; ride-hailing, Robotaxi network participation, delivery, or rental requires separate written authorization or product enablement from Tesla.
- Operation restricted to Tesla-enabled Robotaxi geofences and supported service areas, which the company can expand, shrink, or alter; the vehicle may be technologically prevented from operating outside them.
- No unauthorized modifications (including wraps, window tint, or wheel changes) without Tesla or an authorized provider.
- Restricted resale and transfer: written permission required, with contractual damages of at least $50,000 (or full transaction value if higher) for unauthorized sales; Tesla also reserves repurchase rights at a company-determined fair market value, with the owner covering return costs.
- Safety or improper-use “strikeouts” (three or more) can trigger a one-week suspension of autonomous features without prorated refund.
- Owners remain responsible for insurance, registration, charging, parking, and general cleaning; the subscription covers certain maintenance items such as tires, windshields, filters, and camera cleaning, plus limited towing.
- Manual controls on the touchscreen allow only short-distance movement up to about 2 mph and require a valid driver’s license; they are not for public-road driving.
Why These Terms Might Exist
Tesla’s approach prioritizes control over a vehicle designed without traditional human controls and intended primarily as transport-as-a-service, something that Musk has hinted toward for some time now. Restricting commercial use and modifications could be as much of a software integrity, safety, and data collection effort as it is a safety effort.
Fleet consistency could also be in regulatory scrutiny early on in the Cybercab’s days of public operation.
The subscription model generates ongoing revenue beyond the low vehicle price and ensures the car remains connected and updatable, something that will keep the Cybercab as safe as possible as new updates roll out.
Buyback and resale limits reduce the risk of vehicles circulating outside Tesla’s operational and service ecosystem.
It apperas that personal ownership is secondary to the broader Robotaxi network strategy, as Musk has previously stated that the vast majority of Cybercabs would remain Tesla-owned.
Pickup Locations and Musk’s Pricing View
Initial deliveries are estimated for Austin, but personal vehicles are able to operate in any of Tesla’s Robotaxi geofences:
It’ll work unsupervised inside all the same geo locations as @robotaxi, just serving the owners’ needs.
— Ashok Elluswamy (@aelluswamy) November 14, 2026
Those who have been invited to order can also have their personal Cybercab delivered to numerous locations in Texas, including:
- Austin
- Dallas
- Houston
- San Antonio
- Fort Worth
Interesting that you can choose a delivery city https://t.co/SknDz9rFzo
— Whole Mars Catalog (@wholemars) November 14, 2026
As far as the monthly “Autonomy Subscription,” it appears Musk already wants it to be low. He acknowledged last night on X that the subscription price is too high. Along with detailing that the Cybercab will be available nationwide as regulatory approval is received, Musk said the monthly fee should match the cost of FSD and Premium Connectivity, which is about $115 per month.
The launch marks a milestone for unsupervised personal autonomous vehicles, but the fine print makes clear that buyers are purchasing a highly constrained asset whose usefulness is tightly bound to Tesla’s software, service network, and geographic approvals.
MKBHD just ordered the Tesla Cybercab with his hair on the line
SpaceX makes history, catching Starship from orbit for the first time
