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Tesla FSD’s prolonged release doesn’t make it a ‘fraud,’ company says

(Credit: cosmicxbird/Instagram)

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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.”

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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.

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“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.

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“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.

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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 launches “TeslaVision” video contest to celebrate Model Y deliveries

The program marks a revival of Tesla’s popular Project Loveday initiative back in 2017.

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Credit: Tesla/X

Tesla has announced the TeslaVision Contest, a global video showcase inviting fans and owners to highlight the impact of the company’s vehicles on people. 

The program marks a revival of its Project Loveday initiative in 2017, which was extremely well-received by the electric vehicle community. 

A Contest to Celebrate the New Model Y

As per the TeslaVision contest’s official website, the program is being rolled out to commemorate the launch and deliveries of the new Model Y across all continents. Thus, the contest could be seen as a global celebration and showcase of owners and fans who made Tesla the household brand that it has become today.

Participants are tasked with creating a 90-second or shorter video demonstrating how Tesla vehicles provide “more freedom, more safety, more fun, more convenience.” Submissions must be uploaded to YouTube and shared on X and Instagram with the tag @Tesla and the phrase “TeslaVision contest.” 

Videos must align with Tesla’s mission to accelerate sustainable energy, be suitable for all ages, and avoid references to non-Tesla brands. English text or voice-overs are required, and entrants must relinquish rights to their content for Tesla’s commercial use.

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A Big Prize Awaits

When Tesla launched Project Loveday in 2017, the company noted that the contest’s winner would receive an all-expenses paid invitation to an upcoming Tesla product launch. For TeslaVision, the grand prize is a lot more tangible, with the winner receiving a new Model Y AWD. They will also get an all-expenses-paid trip to Gigafactory Texas. Second and third-place winners will also receive the Giga Texas tour. 

Finalists will be selected based on creativity, originality, relevance to the prompt, and entertainment value. Tesla will shortlist 100 videos, with the top 10 subject to public voting to influence the final judging. The contest is open to legal residents of the United States, Mexico, and Canada, aged 18 or older, with a valid driver’s license and Tesla account. No purchase is necessary, though entries are limited to just one per person. 

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Starlink India launch gains traction with telecom license approval  

Starlink just secured its telecom license in India! High-speed satellite internet could go live in 2 months.

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(Credit: Starlink)

Starlink India’s launch cleared a key regulatory hurdle after securing a long-awaited license from the country’s telecom ministry. Starlink’s license approval in India paves the way for commercial operations to begin, marking a significant milestone after a three-year wait.

The Department of Telecommunications granted Starlink a Global Mobile Personal Communication by Satellite (GMPCS) license, enabling it to roll out its high-speed internet service. Local reports hinted that Starlink plans to launch its services within the next two months. Starlink India’s services are expected to be priced at ₹3,000 per month for unlimited data. Starlink service would require a ₹33,000 hardware kit, including a dish and router.

“Starlink is finally ready to enter the Indian market,” sources familiar with the rollout plans confirmed, noting a one-month free trial for new users.

Starlink’s low-Earth orbit satellite network promises low-latency, high-speed internet that is ideal for rural India, border areas, and hilly terrains. With over 7,000 satellites in orbit and millions of global users, Starlink aims to bridge India’s digital divide, especially in areas with limited traditional broadband.

Starlink has forged distribution partnerships with Indian telecom giants Reliance Jio and Bharti Airtel to streamline deployment and retail logistics. However, the company still awaits spectrum allocation and final clearances from India’s space regulator, IN-SPACe, and national security agencies before its full launch, expected before August 2025.

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India’s satellite internet market is becoming increasingly competitive, with Starlink joining rivals like OneWeb and Jio Satellite Communications. While Starlink positions itself as a premium offering, its entry has sparked debate among domestic telecom operators over spectrum pricing.

Local reports noted that other players in the industry have raised concerns over the lower regulatory fees proposed for satellite firms compared to terrestrial operators, highlighting tensions in the sector.

Starlink India’s launch represents a transformative step toward expanding internet access in one of the world’s largest markets. Starlink could redefine connectivity for millions in underserved regions by leveraging its advanced satellite technology and strategic partnerships. As the company navigates remaining regulatory steps, its timely rollout could set a new standard for satellite internet in India, intensifying competition and driving innovation in the telecom landscape.

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xAI supercomputer faces pushback from Memphis politicians

Local leaders in Memphis warn Elon Musk’s xAI hub could pollute local communities, despite Tesla Megapacks now stabilizing power.

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(Credit: xAI)

xAI’s supercomputer in Memphis faces pushback from local leaders and environmental groups over concerns about air pollution despite its promise of economic growth.

xAI’s Memphis facility was touted as the world’s largest supercomputer. It has sparked opposition from the NAACP, Sierra Club, and Mississippi Democratic Party Chairman Cheikh Taylor.

State Rep. Taylor spoke at a Southaven church press conference recently, arguing that the xAI facility in Memphis, Tennessee, would disproportionately harm black residents in north Mississippi.

“In the State of Mississippi, the goal is to separate Republicans and Democrats on race alone. So, if you’re a Democrat in this state, you probably look like me,” Taylor said.

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He also criticized prioritizing economic gains over environmental health, asking, “Can you trust Elon Musk to tell the truth?”

Tennessee State Rep. Justin J. Pearson echoed these concerns, linking the opposition to a broader fight against pollution. “The paltry money xAI has dangled in front of our short-sighted leaders is not worth the cost of breathing dirty and–in some cases–deadly air,” Pearson said.

These local leaders and environmental groups are urging local governments and the Environmental Protection Agency to deny xAI’s air permit applications for 45 to 90 methane gas turbines in the Memphis and Southaven areas.

xAI has not directly addressed the criticism but has taken steps to power its Colossus supercomputer sustainably. Last month, the Greater Memphis Chamber announced that Tesla Megapack batteries would stabilize the facility’s power, with a new 150-megawatt electric substation completing its first construction phase.

“The temporary natural gas turbines that were being used to power the Phase I GPUs prior to grid connection are now being demobilized and will be removed from the site over the next two months,” shared the Chamber.

An additional 160+ Megapacks were delivered to xAI’s Memphis facility for the Colossus 2 data center within the same month.

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Announced in June 2024, the xAI facility was hailed by Greater Memphis Chamber CEO Ted Townsend as the largest capital investment by a new-to-market company in Memphis history. Despite its economic promise, environmental concerns continue to fuel opposition, highlighting tensions between technological innovation and community health in the Deep South’s emerging AI hub.

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