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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.”
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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.”
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“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.”
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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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SpaceX will report second quarter results after the market closes on Tuesday, August 4, marking the first time the company has opened its books to the public since its record IPO in June. Management will host a live audio only webcast at 4:30 p.m. ET, streamed on X, with no dial in option.
The debut carries more weight than a typical first quarter as a public company. Two trading days after the release, on August 6, the first tranche of SpaceX’s lockup expires, freeing roughly 911.5 million insider and employee shares, worth well over $100 billion at current prices and the largest such release in Wall Street history. A second, larger tranche tied to the stock trading 30 percent above its $135 IPO price never triggered, since shares have spent most of July trading below that price.
Wall Street’s models point to revenue near $6.9 billion for the quarter, up sharply from the $4.69 billion SpaceX reported in the first quarter, with a narrower per share loss than the $1.27 posted three months earlier, according to estimates compiled by Motley Fool. Those numbers will be the first look at how SpaceX’s three segments, Starlink, launch and AI, are performing independently.
SpaceX scores another massive Pentagon deal to support military satellites
Investors heading into the call have a specific list of questions. How many net new Starlink subscribers did SpaceX add after ending March with 10.3 million, and is average revenue per user holding up as the service expands into lower income markets. How much of the AI segment’s revenue reflects contract signings with Anthropic, Google and Reflection AI this year, deals that combined could annualize to nearly $28 billion if fully ramped. Whether capital expenditures, which nearly doubled in the AI segment alone between 2024 and 2025, are still accelerating or starting to plateau. And whether management offers any forward guidance at all, something SpaceX has never done publicly.
The report will also land days after Elon Musk publicly denied a Wall Street Journal report describing internal planning to separate Tesla’s China business ahead of a potential Tesla-SpaceX merger. Whether Musk or SpaceX executives address that speculation on the call, even indirectly, maybe something investors will be listening for on Tuesday.
As Teslarati reported after Musk’s own warning to short sellers last week, the CEO has made clear he expects skeptics to be proven wrong over time. Tuesday will be the first chance for the numbers themselves to make that case.
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Elon Musk
SpaceX’s Starship just got filmed by its own cargo
SpaceX released new footage of Starship in space captured by the Starlink satellites it deployed.
SpaceX released a new video Friday evening showing Starship from an angle showcased by its own Starlink satellites, watching the rocket drift away in orbit.
The 65 second clip, posted on X, stitches together footage from four cameras mounted on a single Starlink V3 satellite. It opens with a close view of Starship’s 171 foot upper stage, still catching sunlight, then pulls back as the two spacecraft separate.
The footage comes from Starship’s 13th flight test, which launched July 24 from Starbase after a scrubbed attempt and an abort caused by an engine issue the week before. When Flight 13 finally flew, it carried the first batch of functional Starlink V3 satellites Starship has ever deployed, twenty of them, with six equipped with cameras meant to scan the ship’s heat shield during reentry.
View of Starship in space from a Starlink V3 satellite on Flight 13.
This composite is made of imagery from four separate cameras on a single satellite. Six of the satellites were equipped with cameras to scan Starship’s heat shield and transmit imagery down to operators to… pic.twitter.com/sNTHHz5vLr
— SpaceX (@SpaceX) July 31, 2026
Flight 13 checked most of its boxes. Starship deployed all 20 satellites, relit a Raptor engine in space, and splashed down softly in the Indian Ocean off Western Australia. Musk’s longer term plan calls for a Starlink V3 constellation of 100,000 satellites, according to a recent FCC filing, with Starship as the only vehicle capable of launching them at the volume that requires. Each Starship flight is designed to carry up to 60 V3 satellites once the vehicle reaches routine service, well beyond what Falcon 9 can carry in a single mission.
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Starship is next expected to fly with an attempt at catching the ship itself with the launch tower’s mechanical arms, a maneuver SpaceX has so far reserved for the Super Heavy booster.
Tesla flexed the new features of the Model Y L with a dedicated media event at the company’s Diner on Santa Monica Boulevard in Los Angeles.
The Model Y L is the extended-wheelbase version of the all-electric crossover, which has been voted the best-selling car in the world on three occasions. The vehicle is already rolling off production lines at Gigafactory Texas, and first deliveries are slated to take place later this year.
Tesla brings Model Y L ‘Launch Series’ to the U.S. at $61,990
Teslarati was invited to the event, but due to some scheduling conflicts, we could not make it to Los Angeles. Instead, we will have our hands on a media unit sometime in August, so we’ll be able to spend some more extended time with the Model Y L.
However, plenty of those who made it to LA shared some cool features that set the Model Y L apart from the Model Y.
Multi-Row Climate Control
Tesla fitted the Model Y L with full climate control on all three rows on the front screen. It can be adjusted by selecting which row you’d like to modify on the right-hand side of the touch screen:
The Model Y L has a little row of icons on the right side of the climate screen so the front passenger can more quickly jump to whatever row they want to control. pic.twitter.com/uJS44mgCvk
— Sawyer Merritt (@SawyerMerritt) July 30, 2026
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Better Rear Window Visibility
One of the strangest things about the Model Y, especially the Juniper iteration, is the rear window has extremely limited visibility when looking into the rearview mirror.
Tesla has improved upon this with the Model Y L:
This is a drastic difference. https://t.co/wTdhitD5aA pic.twitter.com/z6hFs0Jkss
— TESLARATI (@Teslarati) July 30, 2026
PowerShare will be included
Model Y L will come with PowerShare in North America, with an 11.5kW output to your home. Tesla said it would require Powerwall 3 for operation.
Wireless Charging Pad
There has been some speculation that Tesla would upgrade the wireless charging pads in the United States, but this is not the case.
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Tesla owner fixes common feature complaint with crafty DIY retrofit
Tesla confirmed that it does not come with the cooled pads as the Y L in China does. This is because North America has not adopted Qi charging yet.
Thermal Management Improvements
These improvements in the Model Y L were seen with thermal management:
- Up to 15% faster cabin cooling
- +23% thermal efficiency gained in hot weather, 7 miles of real-world range gained
- 8x more solar energy reflection off of glass roof
- 30% reduction in solar energy entering the cabin
Some of the thermal management improvements in the new Model Y L Premium:
• Up to 15% faster cabin cooling
• Up to 15 min faster cabin cooling in sunny conditions
• +23% thermal efficiency gained in hot weather +7 miles of real-world range gained
• +10 miles recovered after… pic.twitter.com/jZirFWFdtO— Sawyer Merritt (@SawyerMerritt) July 31, 2026
Demand
Tesla said the Model Y L is almost sold out in the U.S. It comes with
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- 1 year of FSD Supervised
- 1 year of Supercharging
- 1 year of Premium Connectivity
- Free exterior paint color, interior, and wheel option at no additional cost
SpaceX’s biggest test yet arrives this week and it’s not a rocket launch
SpaceX’s Starship just got filmed by its own cargo
