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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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Elon Musk
NASA’s first human outpost on the Moon starts now – SpaceX on deck
NASA named the rovers, landers, and vendors that will build America’s first Moon Base.
NASA has laid out its most detailed Moon Base plan to date, describing a permanent outpost near the Moon’s south pole that the agency intends to build over the coming decade as a direct stepping stone to Mars. “The Moon Base will be America’s and humanity’s first outpost on another celestial world,” NASA Administrator Jared Isaacman said, adding that every mission crewed and uncrewed “will be a learning opportunity as we return to the lunar surface, build the infrastructure to stay, and master the skills required to live and operate in one of the most demanding and dangerous environments imaginable.”
The plan is structured in three phases involving both uncrewed and crewed missions to deliver equipment, vehicles, and infrastructure to the surface, with the first three moon base missions targeted to launch before the end of 2026.
Moon Base I, targeting fall 2026, will use Blue Origin’s Blue Moon Mark 1 lander to deliver scientific instruments to the Shackleton Connecting Ridge, the same region where Artemis astronauts will land. Moon Base II will send Astrobotic’s Griffin lander carrying more than 1,100 pounds of cargo including Astrolab’s FLIP rover to begin developing mobility systems on the surface. Moon Base III will carry the Lunar Vertex science mission on Intuitive Machines’ Nova-C Trinity lander to study lunar swirls near the south pole, with ESA and Korean science payloads aboard.
On the rover side, NASA awarded Astrolab $219 million and Lunar Outpost $220 million to build the first phase of Lunar Terrain Vehicles, with both rovers targeted for deployment to the lunar surface by 2028. Astrolab’s crewed rover weighs roughly 2,000 pounds and can reach over 6 mph. Lunar Outpost’s Pegasus rover can operate autonomously or via remote control at over 9 mph. Blue Origin separately received $188 million with an option worth $280.4 million to deliver cargo landers for rover transport.
NASA also confirmed that MoonFall, a mission deploying four survey drones to scout Artemis landing sites, has selected Firefly Aerospace to build the transport spacecraft, with a 2028 launch target.
SpaceX sits at the center of that commercial layer. SpaceX holds the NASA Human Landing System contract for the Starship-derived lander that will put astronauts on the surface under Artemis IV, currently targeting 2028. Before that can happen, SpaceX must demonstrate in-orbit propellant transfer at scale, a process requiring multiple Starship tanker launches to fuel a single mission. Water ice at the lunar south pole is central to the base’s long-term viability, as it can be converted into drinking water, breathable oxygen, and rocket fuel, directly reducing dependence on Earth resupply. That resource loop becomes far more practical if Starship can land and be refueled on or near the Moon itself.
Elon Musk has publicly stated that Starship V3, which recently completed its first flight, should be capable enough for initial Mars missions. The Moon Base plan announced Tuesday is the infrastructure layer that connects everything between those two ambitions, and SpaceX is the only American company currently contracted to build the rocket that gets humans to either destination.
A new Tesla patent that has been granted to the company this week has revealed a potential strategy for solving a major issue that could impact both the Full Self-Driving suite and Optimus.
The patent, which is No. 12,636,684, describes a “Lens Cleaning System,” and was submitted by Tesla in May 2025.
The language in the patent details a lens cleaning system that can dispense fluid and wipe it away with a wiper assembly.
Optimus can see you now… 🤖👁️
The patent for @Tesla_Optimus‘s eye structure just dropped. $TSLA pic.twitter.com/Jac4VhDmKH
— SETI Park (@seti_park) May 26, 2026
This would effectively clean any debris that would potentially impact the visibility of the cameras on Tesla automobiles or Optimus’s camera eyes. Perhaps the most pertinent example is through the Full Self-Driving suite, as debris that can accumulate on the vehicle’s exterior cameras can impact the suite’s ability to operate effectively.
This requires a remedy through manual cleaning, but this patent hints that Tesla could be planning to implement this new technology on its upcoming vehicles.
Interestingly, we have started to see it on some Robotaxi vehicles, and it will likely be included in the Cybercab, especially as that vehicle will enable full autonomy.
Back in January, the first Model Y Robotaxi units were spotted with camera washers on the side repeaters, as the video below shows fluid squirting and rinsing off any debris that is limiting visibility.
🚨 Tesla looks to have installed Camera Washers on the side repeater cameras on Robotaxis in Austin
pic.twitter.com/xemRtDtlRR— TESLARATI (@Teslarati) January 23, 2026
This hardware patent does bring up an interesting question for those of us who own Teslas with AI4 and have been told that our cars will one day be capable of full autonomy: Will this washer be available as a retrofit on already-built cars?
Perhaps the “Lens Cleaning System” patent is a good look at one way Tesla plans to combat one of the most obvious issues of autonomy that utilizes a camera-based system. For Optimus, it could be less needed as it could be manually cleaned by owners. For cars, it seems like a bigger necessity, especially as autonomy nears and Tesla gets close to launching a feature-complete FSD suite.
SpaceX’s Starlink product has just gotten its latest airline adoptee, and the move marks the successful partnership of three of the “Big Four” U.S. airlines.
American Airlines announced on Tuesday that it would utilize Starlink in more than 500 narrowbody aircraft beginning in the first quarter of 2027. These include the Airbus aircraft in its fleet, including the new A321XLR and A321neo.
With the new partnership with American Airlines, Starlink is now present on three of the largest airlines in the country: American, United, and Southwest.
Starlink gets its latest airline adoptee for stable and reliable internet access
Starlink’s VP of Enterprise Sales, Jason Fritch, said:
“We are proud to bring Starlink on board American Airlines, delivering fast and reliable internet to passengers and crew. Whether traveling for leisure or business, Starlink enables a fully connected experience gate to gate, making every flight smoother and more enjoyable.”
Additionally, American Airlines Chief Customer Officer, Heather Garboden, said:
“As a premium global airline, we are continuously seeking out world-class partners like Starlink to deliver what our customers need and want. The addition of Starlink solidifies American as a leading airline in keeping passengers connected in flight.”
Starlink has been on a tear over the past year, as it has continued to be adopted by a wide variety of airlines as a more consistent and reliable way to provide WiFi to its passengers. It has already gained a great reputation among residential users, but its biggest commercial application appears to be how it is being used in the air.
American Airlines will adopt Starlink on more than 500 of its narrowbody aircraft beginning in Q1 2027
“As a premium global airline, we are continuously seeking out world-class partners like Starlink to deliver what our customers need and want,” said American Airlines Chief… pic.twitter.com/XY2wflycc0
— TESLARATI (@Teslarati) May 26, 2026
The only airline of the Big Four not to adopt Starlink thus far is Delta, which chose to opt for the alternative, which is Amazon Leo. CEO Ed Bastian said to Bloomberg that Delta chose Amazon’s product over Starlink’s because “the opportunities, in terms of the improved bandwidth with a much lower price point than what we’ve ever seen from Starlink, will make a big difference.”
Delta will not start installing Amazon Leo until 2028.
“Of course, we expect Starlink will be warning people that we’re going to go with an inferior product,” Bastian said. “But I’m not too worried about partnering with Amazon.”
NASA’s first human outpost on the Moon starts now – SpaceX on deck
Tesla patent reveals strategy for solving major Full Self-Driving, Optimus issue
