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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.)

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“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.”

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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.”

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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.”

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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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Johnna Crider is a Baton Rouge writer covering Tesla, Elon Musk, EVs, and clean energy & supports Tesla's mission. Johnna also interviewed Elon Musk and you can listen here

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Tesla preps to build its most massive Supercharger yet: 400+ V4 stalls

The project will be an expansion of the current Eddie World Supercharger in Yermo, California, and will take place in several stages.

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(Credit: Tesla)

Tesla is preparing to build its most massive Supercharger yet, as it recently submitted plans for an over 400-stall Supercharging station in California, which would dwarf its massive 168-stall location in Lost Hills, California.

The project will be an expansion of the current Eddie World Supercharger in Yermo, California, and will take place in several stages.

The expansion, adjacent to the existing Eddie World Supercharger, which is currently comprised of 22 older V2 and V3 stalls limited to 150 kW, unfolds across six phases.

Construction on Phase 1 begins later this year with 72 V4 stalls. Subsequent stages will progressively add hundreds more, culminating in over 400 next-generation chargers. Site plans label expansive parking arrays across Phases 1–5 along Calico Boulevard, with Phase 6 design still to be determined.

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The project was first flagged by MarcoRP, a notable Tesla Supercharger watcher.

Strategically located midway on I-15 between Los Angeles and Las Vegas, the station targets heavy EV traffic on this high-demand corridor.

The surrounding 20-mile stretch already hosts over 200 high-power stalls (including 40 at 250 kW, 120 at 325 kW, and more), plus 96 in nearby Baker—yet bottlenecks persist during peak travel.

In scale, it eclipses all existing Tesla Superchargers. The current record holder, the solar- and Megapack-powered “Project Oasis” in Lost Hills, California, offers 164 stalls. Barstow’s former leader had 120. Eddie World 2 will be more than double that size, cementing Tesla’s dominance in ultra-high-capacity charging.

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Tesla finishes its biggest Supercharger ever with 168 stalls

Development blends charging with convenience. Architectural drawings show integrated retail: a 10,100 square foot Cracker Barrel, a 4,300 square foot McDonald’s, a 3,800 square foot convenience store, additional restaurants, drive-thrus, outdoor dining, and lease space.

EV-centric features include pull-through bays for Cybertrucks and trailers, ensuring accessibility for larger vehicles and future Semi trucks.

This phased approach minimizes disruption while scaling capacity. It supports Tesla’s broader vision amid rising EV adoption, Robotaxi corridors, and long-haul needs. Once complete, Eddie World 2 won’t just charge vehicles; it will redefine highway stops, turning a dusty desert exit into a futuristic EV oasis.
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Tesla makes latest move to remove Model S and Model X from its lineup

Tesla’s latest decisive step toward phasing out its flagship sedan and SUV was quietly removing the Model S and Model X from its U.S. referral program earlier this week.

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Credit: Tesla

Tesla has made its latest move that indicates the Model S and Model X are being removed from the company’s lineup, an action that was confirmed by the company earlier this quarter, that the two flagship vehicles would no longer be produced.

Tesla has ultimately started phasing out the Model S and Model X in several ways, as it recently indicated it had sold out of a paint color for the two vehicles.

Now, the company is making even more moves that show its plans for the two vehicles are being eliminated slowly but surely.

Tesla’s latest decisive step toward phasing out its flagship sedan and SUV was quietly removing the Model S and Model X from its U.S. referral program earlier this week.

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The change eliminates the $1,000 referral discount previously available to new buyers of these vehicles. Existing Tesla owners purchasing a new Model S or Model X will now only receive a halved loyalty discount of $500, down from $1,000.

The updates extend beyond the two flagship vehicles. New Cybertruck buyers using a referral code on Premium AWD or Cyberbeast configurations will no longer get $1,000 off. Instead, both referrer and buyer receive three months of Full Self-Driving (Supervised).

The loyalty discount for Cybertruck purchases, excluding the new Dual Motor AWD trim level, has also been cut to $500.

These adjustments apply only in the United States, and reflect Tesla’s broader strategy to optimize margins while boosting adoption of its autonomous driving software.

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The timing is no coincidence. Tesla confirmed earlier this year that Model S and Model X production will end in the second quarter of 2026, roughly June, as the company reallocates factory capacity toward its Optimus humanoid robot and next-generation vehicles.

With annual sales of the low-volume flagships already declining (just 53,900 units in 2025), incentives are no longer needed to drive demand. Production is winding down, and Tesla expects strong remaining interest without subsidies.

Industry observers see this as the clearest sign yet of an “end-of-life” phase for the vehicles that once defined Tesla’s luxury segment. Community reactions on X range from nostalgia, “Rest in power S and X”, to frustration among long-time owners who feel perks are eroding just as the models approach discontinuation.

Some buyers are rushing orders to lock in final discounts before they vanish entirely.

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Doug DeMuro names Tesla Model S the Most Important Car of the last 30 years

For Tesla, the move prioritizes efficiency: fewer discounts on outgoing models, a stronger push for FSD subscriptions, and a focus on high-margin Cybertruck trims amid surging orders.

Loyalists still have a narrow window to purchase a refreshed Plaid or Long Range model with remaining incentives, but the message is clear: Tesla’s lineup is evolving, and the era of the original flagships is drawing to a close. 

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Tesla Australia confirms six-seat Model Y L launch in 2026

Compared with the standard five-seat Model Y, the Model Y L features a longer body and extended wheelbase to accommodate an additional row of seating.

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Credit: Tesla China

Tesla has confirmed that the larger six-seat Model Y L will launch in Australia and New Zealand in 2026. 

The confirmation was shared by techAU through a media release from Tesla Australia and New Zealand.

The Model Y L expands the Model Y lineup by offering additional seating capacity for customers seeking a larger electric SUV. Compared with the standard five-seat Model Y, the Model Y L features a longer body and extended wheelbase to accommodate an additional row of seating.

The Model Y L is already being produced at Tesla’s Gigafactory Shanghai for the Chinese market, though the vehicle will be manufactured in right-hand-drive configuration for markets such as Australia and New Zealand.

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Tesla Australia and New Zealand confirmed the vehicle will feature seating for six passengers.

“As shown in pictures from its launch in China, Model Y L will have a new seating configuration providing room for 6 occupants,” Tesla Australia and New Zealand said in comments shared with techAU.

Instead of a traditional seven-seat arrangement, the Model Y L uses a 2-2-2 layout. The middle row features two individual seats, allowing easier access to the third row while providing additional space for passengers.

Tesla Australia and New Zealand also confirmed that the Model Y L will be covered by the company’s updated warranty structure beginning in 2026.

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“As with all new Tesla Vehicles from the start of 2026, the Model Y L will come with a 5-year unlimited km vehicle warranty and 8 years for the battery,” the company said.

The updated policy increases Tesla’s vehicle warranty from the previous four-year or 80,000-kilometer coverage.

Battery and drive unit warranties remain unchanged depending on the variant. Rear-wheel-drive models carry an eight-year or 160,000-kilometer warranty, while Long Range and Performance variants are covered for eight years or 192,000 kilometers.

Tesla has not yet announced official pricing or range figures for the Model Y L in Australia.

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