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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 Signature Model S, X owners get hit with crazy no-resale clause

With production of the Model S and X winding down to focus on next-generation projects like the Optimus robot, Tesla is building just 250 units of each model. Priced at $159,420, these exclusive vehicles come loaded with bespoke features and the full Luxe Package—but buyers must sign a binding contract before delivery that bars resale for one full year.

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Tesla Signature Model S and X owners got hit with a crazy no-resale clause by the company, a move that has been used before to limit the immediate resale of a vehicle to obtain a sizeable profit.

Tesla has introduced a strict “No Resale Agreement” for its ultra-limited Signature Edition Model S and Model X Plaid vehicles, signaling the automaker’s determination to keep these final flagship models in the hands of genuine enthusiasts rather than speculators.

With production of the Model S and X winding down to focus on next-generation projects like the Optimus robot, Tesla is building just 250 units of each model. Priced at $159,420, these exclusive vehicles come loaded with bespoke features and the full Luxe Package—but buyers must sign a binding contract before delivery that bars resale for one full year.

Purchasers promise they “will not sell or otherwise attempt to sell the vehicle within the first year following your vehicle’s delivery date.”

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Violators face steep consequences: Tesla can pursue liquidated damages equal to $50,000 or the full amount received from any sale or transfer, whichever is greater. The company also reserves the right to refuse future vehicle sales to anyone who breaches the clause. Orders are account-specific, requiring buyers to log in with their personal Tesla account, which further complicates any informal transfers.

The restrictions extend beyond the one-year lockout. Even after the prohibition period ends, key elements of the Signature Edition’s appeal do not transfer with the car. The Luxe Package—bundling lifetime Full Self-Driving (Supervised), free lifetime Supercharging, and permanent Premium Connectivity—terminates upon any change in ownership.

While four years of Premium Service, tire, and windshield protection plans do transfer, the high-value software and charging perks effectively vanish for the second owner. This non-transferability has long been Tesla’s policy for Luxe-equipped vehicles, but it carries extra weight on a nearly $160,000 limited-run model.

Tesla’s move is a direct response to past flipping of rare editions. By tying the car to the original buyer’s account and imposing financial penalties, the company aims to curb gray-market speculation that could drive prices far above MSRP.

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Critics of the no-resale clause argue that the agreement limits personal property rights and could complicate legitimate life events like relocation or financial hardship.

For now, the policy appears ironclad. Deliveries of the Signature Editions are expected to begin in May 2026, complete with Garnet Red paint, gold-accented badging, Alcantara interiors, yoke steering, and unique numbered plaques.

In an era when limited-edition vehicles often become instant investment pieces, Tesla is betting that true fans will embrace the rules. Whether the No Resale Agreement successfully protects the final chapter of the Model S and X legacy remains to be seen—but one thing is clear: these will be among the most tightly controlled Teslas ever sold.

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Tesla just tipped its hand on a major Cybercab feature as production hits Plaid Mode

Tesla has delivered a clear signal that its Robotaxi ambitions are shifting into high gear. On April 17, longtime factory observer and drone pilot Joe Tegtmeyer captured drone footage and still images showing approximately 14 freshly built Cybercabs parked in the outbound lot—each one conspicuously lacking a steering wheel.

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Credit: Joe Tegtmeyer | X

Tesla just tipped its hand on a major Cybercab feature as it is putting production into Plaid Mode, but a clear indication of what the company plans to do with the vehicle is now apparent.

Tesla has delivered a clear signal that its Robotaxi ambitions are shifting into high gear, and it’s doing it with full autonomy in mind.

On April 17, longtime factory observer and drone pilot Joe Tegtmeyer captured drone footage and still images showing approximately 14 newly built Cybercabs parked in the outbound lot, each conspicuously lacking a steering wheel, and potentially pedals.

Tegtmeyer’s post highlighted the significance of this development: The images and video reveal sleek, two-seat Cybercabs in their final production form: no driver controls, no side mirrors, and the minimalist interior first unveiled at Tesla’s “We Robot” event in October 2024.

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These units contrast with earlier test vehicles spotted at the factory’s crash-test area, which carried temporary steering wheels and pedals to meet current federal regulations during data-collection phases.

The outbound-lot vehicles appear complete, with production wheels, tire stickers, and the signature Cybercab styling ready for deployment.

This sighting represents a pivotal transition. Tesla designed the Cybercab from the ground up as a purpose-built robotaxi, engineered for unsupervised Full Self-Driving (FSD) operation. Removing manual controls eliminates cost, complexity, and weight while maximizing interior space and range.

The move also signals that Tesla has cleared initial validation hurdles and is now building vehicles to the exact specification intended for commercial robotaxi service.

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Industry watchers note the timing aligns with Tesla’s broader rollout plans. Production of early Cybercabs began in late 2025 and early 2026, primarily for internal testing and regulatory compliance.

Federal Motor Vehicle Safety Standards currently limit vehicles without steering wheels to 2,500 units per year without exemption, a cap that Tesla is navigating through ongoing filings.

Tesla Cybercab spotted next to Model Y shows size comparison

The appearance of steering-wheel-free units in the outbound lot suggests the company is preparing a small initial fleet—likely for Austin pilot operations or further validation—while pushing for regulatory relief to scale output.

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The development comes as Tesla ramps its dedicated Cybercab line at Gigafactory Texas. If the Monday surge materializes as predicted, observers expect dozens more units to accumulate rapidly.

With unsupervised FSD advancing and regulatory conversations ongoing, these wheel-less Cybercabs parked under the Texas sun represent more than hardware—they embody Tesla’s bet that autonomous mobility is no longer a prototype dream but an imminent reality.

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Tesla preps new Model Y trim for India, a once-elusive market

Tesla’s journey into India began with significant hurdles. For years, the electric vehicle giant faced steep import tariffs ranging from 70 percent to 110 percent on fully built vehicles, which dramatically inflated prices and stalled entry plans.

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Tesla is preparing to bring its newest Model Y trim to India, a once-elusive market that was hesitant to allow any vehicles built outside the market into its automotive sector.

Now, it is preparing to allow China-built Model Y vehicles to come into the country, in an effort to expand sales and offer what is a widely-requested variant to Indian customers.

Tesla’s journey into India began with significant hurdles. For years, the electric vehicle giant faced steep import tariffs ranging from 70 percent to 110 percent on fully built vehicles, which dramatically inflated prices and stalled entry plans.

Elon Musk repeatedly criticized these duties as among the world’s highest, making premium EVs like the Model Y prohibitively expensive for most buyers in the price-sensitive market.

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After prolonged negotiations and multiple delays, Tesla finally debuted in July 2025 with a quiet rollout focused on luxury segments. It opened showrooms in Mumbai and New Delhi, importing standard Model Y SUVs from its Shanghai Gigafactory.

Tesla China posts strong February wholesale growth at Gigafactory Shanghai

Yet the launch proved challenging: vehicles carried sticker prices near $70,000, leading to tepid demand. Bloomberg reported only about 600 orders in the first two months, while official data showed just 227 registrations for all of 2025—far below internal targets. By early 2026, the company offered discounts of up to ₹200,000 ($2,200) to clear unsold inventory.

Now, less than a year later, Tesla is demonstrating resilience and adaptability. According to a Bloomberg report on April 17, the company is preparing to launch the Model Y L—a six-seat, long-wheelbase variant with three-row seating—as early as next week.

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This marks Tesla’s first new product introduction in India since its initial entry. Notably, the newest Model Y configuration, which debuted in China in 2025 and features extended space tailored for families, will once again be exported directly from Tesla’s Shanghai Gigafactory.

The move highlights a shift from early struggles to a more targeted approach, leveraging an existing platform to better suit Indian preferences for multi-generational, spacious SUVs without committing to immediate local production.

Tesla launches in India with Model Y, showing pricing will be biggest challenge

The Model Y L’s arrival underscores Tesla’s incremental strategy amid global EV headwinds and India’s unique challenges, including limited charging infrastructure and competition from local manufacturers.

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While tariffs continue to keep pricing in the premium segment, the six-seater variant aims to broaden appeal beyond early luxury adopters by addressing practical family needs.

This evolution, from battling high barriers and disappointing initial sales to exporting its latest derivative model, signals cautious optimism.

Success with the Model Y L could strengthen Tesla’s foothold in one of the world’s most populous markets and potentially pave the way for deeper investments, such as localized manufacturing, should tariff relief or policy shifts materialize.

For now, the China-to-India supply chain represents a pragmatic bridge over the very obstacles that once made entry so difficult.

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