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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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Tesla Robotaxi gets a massive upgrade in Nevada
Nevada regulators just approved a massive expansion of Tesla’s robotaxi fleet across the entire county.
Tesla’s robotaxi footprint in Nevada just grew by roughly 500 times in a single regulatory vote.
The Nevada Transportation Authority approved Tesla’s full Autonomous Vehicle Network Company permit on Thursday, clearing the way for the company to deploy up to 5,000 driverless vehicles across Clark County over the next 12 months. The decision came during a four hour general session meeting that Tesla investor Sawyer Merritt watched live and reported on X, noting the vote replaces the interim order that had limited Tesla to just 10 robotaxis on a narrow stretch of the Las Vegas Strip.
EXCLUSIVE: Tesla has just officially received approval for its full Autonomous Vehicle Network Company permit in Nevada, clearing the way for Tesla to launch a paid public Robotaxi service in Las Vegas.
This officially allows @Tesla to deploy up to 5,000 robotaxis over the next… pic.twitter.com/DPs5UtUlrE
— Sawyer Merritt (@SawyerMerritt) August 20, 2026
That earlier cap, covered here after it surfaced on August 13, came with restrictions that looked stricter than what Tesla runs in Austin: a 45 mph speed ceiling, no airport pickups, and a geofence confined to the Strip corridor. The new approval extends Tesla’s operating authority to all of Clark County, with room to request an even wider geofence across the state.
Tesla representatives at the meeting said they have no intention of putting 5,000 cars on the road right away. Commercial rides are expected to start within 30 days, pending vehicle inspections, insurance filings, and fare approval, the standard steps every robotaxi operator in Nevada has had to clear.
Tesla’s own Robotaxi account replied to the news with a short line, The golden future is upon us.
The timing lines up with Tesla’s broader robotaxi push this month. The company is preparing to open Cybercab rides to the public in Austin as soon as this month, and it opened a sweepstakes for riders to win a seat at the launch event. Tesla filed its original application for a 5,000 vehicle Nevada fleet back in June, a request regulators trimmed to 10 vehicles when they issued the interim order in July. Thursday’s vote effectively grants the number Tesla asked for from the start.
Zoox, the Amazon owned robotaxi operator, has run in Nevada since 2025 and was capped at 100 vehicles before Thursday’s decision. Tesla’s new ceiling puts it well ahead of that comparison on paper, though the company has said its actual fleet size will depend on how quickly FSD v15 rolls out, the software update executives have called the gateway to scaling unsupervised robotaxi operations nationwide.
Tesla welcomed JPMorgan analysts to one of its factories earlier this month, with the Wall Street firm highlighting its findings in a new note to investors. One of the more pertinent pieces of information is that Tesla admitted to slowly integrating Model Y vehicles into its Robotaxi fleet, but it has a good reason.
JPMorgan analysts recently toured Tesla’s Fremont Factory and met with the company’s investor relations team, emerging with a clearer picture of the automaker’s Robotaxi strategy. According to the bank’s note, Tesla is intentionally limiting the addition of Model Y vehicles to its existing Robotaxi fleet.
The firm’s analysts said:
“Tesla indicated it is intentionally holding back on adding Model Y units to the robotaxi fleet, expressing confidence in its ability to scale Cybercab in the near-term. On FSD V15, Tesla views this release as a step-change in performance, comparable to the leap from V13 to V14. The V15 upgrade encompasses seven core technologies, with ~40% of those currently being tested in the robotaxi fleet, where initial feedback has been encouraging.”
JPMorgan after meeting with Tesla recently in Fremont:
“Tesla indicated it is intentionally holding back on adding Model Y units to the robotaxi fleet, expressing confidence in its ability to scale Cybercab in the near-term. On FSD V15, Tesla views this release as a step-change… pic.twitter.com/W9yGCWRT3C
— Sawyer Merritt (@SawyerMerritt) August 20, 2026
Far from signaling delays or doubts about autonomy, the move reflects strong management confidence in the near-term scalability of the purpose-built Cybercab.
Tesla has operated its Robotaxi service primarily with modified Model Ys since launching in Austin and expanding to other markets. Yet the company is now deliberately holding back further Model Y conversions. The rationale is straightforward: leadership believes the Cybercab, a two-seat, steering-wheel- and pedal-free vehicle optimized for high utilization, can ramp production and deployment more efficiently in the coming months.
This dedicated form factor promises better unit economics for the majority of rides, which typically involve one or two passengers, while freeing consumer Model Y inventory for retail sales.
Supporting this pivot is Full Self-Driving (FSD) software version 15, which Tesla describes as a genuine step-change in performance, comparable to the leap from V13 to V14. The update incorporates seven core technologies; roughly 40 percent are already undergoing real-world testing in the current Robotaxi fleet, with early feedback described as encouraging.
Tesla is carefully managing software development to minimize regressions in core driving functions as new capabilities are added. Management positions V15 as the primary gateway to scaling unsupervised FSD. Importantly, the existing AI and Hardware 4 stack is already capable of running V15 and supporting unsupervised operation.
Cybercab itself is only the first vehicle on the platform. Tesla reiterated that additional form factors will follow, pointing to concepts such as the earlier “Robovan” demonstration as examples of how the architecture can evolve.
Tesla’s mysterious Robovan makes a sneak peek with Optimus in Terafab video
Parallel progress continues on the Optimus humanoid robot, which remains on track for start of production in the coming months, with commercial sales possible as early as the second half of 2027. Generation 3 details will be revealed closer to production to preserve competitive advantages, while Generation 4 scope will draw on real-world Gen 3 experience.
JPMorgan left the meeting with a deeper appreciation for Tesla’s manufacturing automation and maintained its $475 price target. The decision to slow Model Y Robotaxi integration is therefore not a setback but a calculated prioritization of a more efficient, purpose-built solution that management believes is ready to scale.
SpaceX CEO Elon Musk announced today that the company will likely attempt to catch the Starship upper stage with its launch tower arms “in a few months.”
In a post on X, Musk wrote, “Looks like we will probably catch the ship with the tower in a few months. If there had been a tower out to sea where we practiced landing the ship, it would have been caught.” He added that the first reflight of a Starship vehicle is expected by the end of 2026 or early 2027, describing it as “a fork in the road of history for consciousness reaching the stars.”
Looks like we will probably catch the ship with the tower in a few months. If there had been a tower out to sea where we practiced landing the ship, it would have been caught.
First reflight of the ship will be either end of this year or early next. That will be a fork in the… https://t.co/O5g9pqrzyo
— Elon Musk (@elonmusk) August 20, 2026
Musk’s prediction comes amid ongoing progress toward full reusability of the Starship system, a two-stage rocket designed for rapid turnaround and dramatically lower launch costs. Catching the upper stage, known simply as “ship,” with the Mechazilla tower’s mechanical arms would mark a major milestone. It would allow both stages to return directly to the launch site for quick refurbishment and reuse, eliminating the need for ocean recovery.
Musk has previously signaled plans for a ship catch. In July, shortly after SpaceX’s wildly successful Starship 13 mission, he stated that the company would attempt to catch the ship with the tower on the next flight unless problems emerged in the mission data review. Earlier comments also outline conditions such as successful soft ocean landings before attempting a land recovery to minimize risk.
SpaceX has solved Starship’s biggest challenge, Elon Musk says
The latest update from Musk adjusts this timeline to a few months, reflecting the iterative nature of the test campaign.
SpaceX has already demonstrated the tower catch technique successfully with the Super Heavy booster on a couple of occasions. The first successful booster catch occurred during Flight 5 in October 2024, when the massive first stage returned to the Starbase pad in Texas and was plucked from the air by the tower arms.
Additional catches followed on later flights, including Flight 7, proving the concept for the booster and building confidence in the system as a whole.
Achieving a similar catch for the upper stage would represent a significant step forward. The ship returns from much higher speeds and greater heat loads after orbital or near-orbital flight. Success would advance SpaceX’s goal of full and rapid reusability, potentially reducing the cost of access to orbit by a factor of 100 or more and supporting ambitions for frequent satellite deployments, lunar missions, and eventual Mars flights.
Musk has long emphasized that true reusability, refueling rather than discarding hardware, is essential for making humanity a multi-planetary species.
As SpaceX continues refining Starship through successive test flights, the coming months will test whether the ambitious catch timeline can be met. The combination of prior booster successes and improving ship landing precision suggests the company is steadily closing in on this historic capability.
Tesla Robotaxi gets a massive upgrade in Nevada
Tesla admits to slow Model Y Robotaxi integration, but for a good reason
