News
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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Tesla Optimus showed off its newest capability as progress on the project continues to accelerate toward an ultimate goal of mass production in the coming years.
Tesla is still developing Optimus and preparing for the first stages of mass production, where units would be sold and shipped to customers. CEO Elon Musk has always marketed the humanoid robot as the biggest product in history, even outside of Tesla, but of all time.
He believes it will eliminate the need to manually perform monotonous tasks, like cleaning, mowing the lawn, and folding laundry.
However, lately, Musk has revealed even bigger plans for Optimus, including the ability to relieve humans of work entirely within the next 20 years.
JUST IN: Elon Musk says working will be ‘optional’ in less than 20 years because of AI and robotics. pic.twitter.com/l3S5kl5HBB
— Watcher.Guru (@WatcherGuru) November 30, 2025
Development at Tesla’s Artificial Intelligence and Robotics teams has progressed, and a new video was shown of the robot taking a light jog with what appeared to be some pretty natural form:
Just set a new PR in the lab pic.twitter.com/8kJ2om7uV7
— Tesla Optimus (@Tesla_Optimus) December 2, 2025
Optimus has also made several public appearances lately, including one at the Neural Information Processing Systems, or NeurIPS Conference. Some spectators shared videos of Optimus’s charging rig, as well as its movements and capabilities, most interestingly, the hand:
You have to hand it to Elon 🤟 pic.twitter.com/fZKDlmGAbe
— Ric Burton · NeurIPS 2025 (@_ricburton) December 2, 2025
The hand, forearm, and fingers have been one of the most evident challenges for Tesla in recent times, especially as it continues to work on its 3rd Generation iteration of Optimus.
Musk said during the Q3 Earnings Call:
“I don’t want to downplay the difficulty, but it’s an incredibly difficult thing, especially to create a hand that is as dexterous and capable as the human hand, which is incredible. The human hand is an incredible thing. The more you study the human hand, the more incredible you realize it is, and why you need four fingers and a thumb, why the fingers have certain degrees of freedom, why the various muscles are of different strengths, and fingers are of different lengths. It turns out that those are all there for a reason.”
The interesting part of the Optimus program so far is the fact that Tesla has made a lot of progress with other portions of the project, like movement, for example, which appears to have come a long way.
However, without a functional hand and fingers, Optimus could be rendered relatively useless, so it is evident that it has to figure this crucial part out first.
Elon Musk said in late November that he’s “tried to warn” legacy automakers and “even offered to license Tesla Full Self-Driving, but they don’t want it,” expressing frustration with companies that refuse to adopt the company’s suite, which will eventually be autonomous.
Tesla has long established itself as the leader in self-driving technology, especially in the United States. Although there are formidable competitors, Tesla’s FSD suite is the most robust and is not limited to certain areas or roadways. It operates anywhere and everywhere.
The company’s current position as the leader in self-driving tech is being ignored by legacy automakers, a parallel to what Tesla’s position was with EV development over a decade ago, which was also ignored by competitors.
The reluctance mirrors how legacy automakers initially dismissed EVs, only to scramble in catch-up mode years later–a pattern that highlights their historical underestimation of disruptive innovations from Tesla.
Elon Musk’s Self-Driving Licensing Attempts
Musk and Tesla have tried to push Full Self-Driving to other car companies, with no true suitors, despite ongoing conversations for years. Tesla’s FSD is aiming to become more robust through comprehensive data collection and a larger fleet, something the company has tried to establish through a subscription program, free trials, and other strategies.
Tesla CEO Elon Musk sends rivals dire warning about Full Self-Driving
However, competing companies have not wanted to license FSD for a handful of speculative reasons: competitive pride, regulatory concerns, high costs, or preference for in-house development.
Déjà vu All Over Again
Tesla tried to portray the importance of EVs long ago, as in the 2010s, executives from companies like Ford and GM downplayed the importance of sustainable powertrains as niche or unprofitable.
Musk once said in a 2014 interview that rivals woke up to electric powertrains when the Model S started to disrupt things and gained some market share. Things got really serious upon the launch of the Model 3 in 2017, as a mass-market vehicle was what Tesla was missing from its lineup.
This caused legacy companies to truly wake up; they were losing market share to Tesla’s new and exciting tech that offered less maintenance, a fresh take on passenger auto, and other advantages. They were late to the party, and although they have all launched vehicles of their own, they still lag in two major areas: sales and infrastructure, leaning on Tesla for the latter.
I’ve tried to warn them and even offered to license Tesla FSD, but they don’t want it! Crazy …
When legacy auto does occasionally reach out, they tepidly discuss implementing FSD for a tiny program in 5 years with unworkable requirements for Tesla, so pointless. 🤷♂️
🦕 🦕
— Elon Musk (@elonmusk) November 24, 2025
Musk’s past warnings have been plentiful. In 2017, he responded to critics who stated Tesla was chasing subsidies. He responded, “Few people know that we started Tesla when GM forcibly recalled all electric cars from customers in 2003 and then crushed them in a junkyard,” adding that “they would be doing nothing” on EVs without Tesla’s efforts.
Companies laughed off Tesla’s prowess with EVs, only to realize they had made a grave mistake later on.
It looks to be happening once again.
A Pattern of Underestimation
Both EVs and self-driving tech represent major paradigm shifts that legacy players view as threats to their established business models; it’s hard to change. However, these early push-aways from new tech only result in reactive strategies later on, usually resulting in what pains they are facing now.
Ford is scaling back its EV efforts, and GM’s projects are hurting. Although they both have in-house self-driving projects, they are falling well behind the progress of Tesla and even other competitors.
It is getting to a point where short-term risk will become a long-term setback, and they may have to rely on a company to pull them out of a tough situation later on, just as it did with Tesla and EV charging infrastructure.
Tesla has continued to innovate, while legacy automakers have lagged behind, and it has cost them dearly.
Implications and Future Outlook
Moving forward, Tesla’s progress will continue to accelerate, while a dismissive attitude by other companies will continue to penalize them, especially as time goes on. Falling further behind in self-driving could eventually lead to market share erosion, as autonomy could be a crucial part of vehicle marketing within the next few years.
Eventually, companies could be forced into joint partnerships as economic pressures mount. Some companies did this with EVs, but it has not resulted in very much.
Self-driving efforts are not only a strength for companies themselves, but they also contribute to other things, like affordability and safety.
Tesla has exhibited data that specifically shows its self-driving tech is safer than human drivers, most recently by a considerable margin. This would help with eliminating accidents and making roads safer.
Tesla’s new Safety Report shows Autopilot is nine times safer than humans
Additionally, competition in the market is a good thing, as it drives costs down and helps innovation continue on an upward trend.
Conclusion
The parallels are unmistakable: a decade ago, legacy automakers laughed off electric vehicles as toys for tree-huggers, crushed their own EV programs, and bet everything on the internal-combustion status quo–only to watch Tesla redefine the industry while they scrambled for billions in catch-up capital.
Today, the same companies are turning down repeated offers to license Tesla’s Full Self-Driving technology, insisting they can build better autonomy in-house, even as their own programs stumble through recalls, layoffs, and missed milestones. History is not merely rhyming; it is repeating almost note-for-note.
Elon Musk has spent twenty years warning that the auto industry’s bureaucratic inertia and short-term thinking will leave it stranded on the wrong side of technological revolutions. The question is no longer whether Tesla is ahead–it is whether the giants of Detroit, Stuttgart, and Toyota will finally listen before the next wave leaves them watching another leader pull away in the rear-view mirror.
This time, the stakes are not just market share; they are the very definition of what a car will be in the decades ahead.
News
Waymo driverless taxi drives directly into active LAPD standoff
No injuries occurred, and the passengers inside the vehicle were safely transported to their destination, as per a Waymo representative.
A video posted on social media has shown an occupied Waymo driverless taxi driving directly into the middle of an active LAPD standoff in downtown Los Angeles.
As could be seen in the short video, which was initially posted on Instagram by user Alex Choi, a Waymo driverless taxi drove directly into the middle of an active LAPD standoff in downtown Los Angeles.
The driverless taxi made an unprotected left turn despite what appeared to be a red light, briefly entering a police perimeter. At the time, officers seemed to be giving commands to a prone suspect on the ground, who looked quite surprised at the sudden presence of the driverless vehicle.
People on the sidewalk, including the person who was filming the video, could be heard chuckling at the Waymo’s strange behavior.
The Waymo reportedly cleared the area within seconds. No injuries occurred, and the passengers inside the vehicle were safely transported to their destination, as per a Waymo representative. Still, the video spread across social media, with numerous netizens poking fun at the gaffe.
Others also pointed out that such a gaffe would have resulted in widespread controversy had the vehicle involved been a Tesla on FSD. Tesla is constantly under scrutiny, with TSLA shorts and similar groups actively trying to put down the company’s FSD program.
A Tesla on FSD or Robotaxi accidentally driving into an active police standoff would likely cause lawsuits, nonstop media coverage, and calls for a worldwide ban, at the least.
This was one of the reasons why even minor traffic infractions committed by the company’s Robotaxis during their initial rollout in Austin received nationwide media attention. This particular Waymo incident, however, will likely not receive as much coverage.
Tesla Optimus shows off its newest capability as progress accelerates
Elon Musk and Tesla try to save legacy automakers from Déjà vu
