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.
Teslarati is now on TikTok. Follow us for interactive news & more. Teslarati is now on TikTok. Follow us for interactive news & more. You can also follow Teslarati on LinkedIn, Twitter, Instagram, and Facebook.
News
SpaceX completes another secret Pentagon launch, adding to suspected Starshield buildout
SpaceX launched the classified USSF-385 mission from Vandenberg, landing its booster on a tenth flight.
SpaceX launched another classified mission for the U.S. Space Force from California early Saturday morning, and the Falcon 9 booster that carried it landed on a drone ship in the Pacific for the tenth time. The USSF-385 mission lifted off from Space Launch Complex 4E at Vandenberg Space Force Base at 7:00 a.m. PT.
Booster B1100 touched down on Of Course I Still Love You roughly eight and a half minutes after liftoff. It was the booster’s tenth flight and tenth successful landing, following the NROL-95 national security mission and eight Starlink launches. Its previous flight, a Starlink Group 15 mission on August 22, came just 35 days earlier. SpaceX ended its livestream shortly after the landing, which is standard for classified payloads, and neither the company nor the Space Force has said what the rocket carried.
Watch Falcon 9 launch the USSF-385 mission from pad 4E in California https://t.co/CAdbx85Ydy
— SpaceX (@SpaceX) September 26, 2026
USSF-385 is the fourth Space Force launch from the same Vandenberg pad in roughly six weeks, following USSF-366 on August 15, USSF-153 on September 10, and USSF-259 on September 17. When SpaceX flew USSF-366 in August, independent trackers noted that the rocket’s stage drop zones matched SpaceX’s Starlink Group 15 missions, pointing to Starshield, the government version of the Starlink satellite bus. The Space Force later cataloged 23 satellites after both USSF-366 and USSF-153, while USSF-259 placed 17 satellites into a different orbital plane, per KeepTrack. Launch databases describe USSF-385 the same way, though the payload remains officially unidentified.
The cadence lines up with the contracts, because in July, the Space Force awarded SpaceX $1.6 billion in task orders for 18 Falcon 9 missions from Vandenberg through the end of 2027. SpaceX also holds contracts to build pieces of that same network, which pushed its Pentagon contract total for 2026 past $8 billion.
Saturday’s flight was also the sixth and final Falcon 9 launch from Vandenberg in September, according to Spaceflight Now, while only one Falcon 9 flew from the East Coast this month as SpaceX shifts its Florida infrastructure toward Starship. Launch trackers list it as SpaceX’s 112th mission of 2026 and the 108th Falcon 9 flight of the year, with SLC-4E turned around about six and a half days after its previous launch.
The West Coast pad will not stay quiet for long, considering SpaceX has another Starlink mission scheduled from SLC-4E on September 30. Meanwhile, in Texas, the company is two days away from Starship Flight 14, which is targeting Monday at 7:15 a.m. CT for the vehicle’s first attempt to reach orbit.
News
Tesla hints at new Roadster design in surprise clip
Tesla ended its Semi event with a Roadster teaser revealing a new front light bar.
Tesla closed out its Semi event in Nevada on Thursday night with a nod to its own history, dropping a short Roadster teaser that suggests the production car will look noticeably different from the prototype first shown in 2017.
“We can’t have a Semi event without the Roadster,” Tesla engineering executive Lars Moravy told the crowd before the clip played. The line was a deliberate callback. Tesla first revealed the next generation Roadster in November 2017 by driving it out of the back of a Semi trailer at the truck’s original unveiling in Hawthorne, California.
The new video opens on trailer doors swinging apart in the dark. A thin white light bar glows across what appears to be the nose of the car, Tesla and SpaceX logos flash over the frame, and the Roadster name appears before the clip ends on “See you next week.” Tesla posted the nine second clip on X after the livestream wrapped.
See you next week pic.twitter.com/BT52bGVxFu
— Tesla (@Tesla) September 25, 2026
The light bar is the most concrete design detail so far. The 2017 prototype used two separate curved headlamp pods, while a connected front light strip would bring the Roadster in line with the Cybertruck, Cybercab, Semi, and refreshed Model Y. Sawyer Merritt was among the first to point out what looked like part of a SpaceX logo in the video, something Tesla has not addressed.
That logo fits the buildup around the optional SpaceX Package, which Elon Musk has long said would use cold gas thrusters to improve acceleration and possibly allow the car to briefly leave the ground. Tesla’s “Go for launch” post on September 12 set the October 1 date, and invitations sent to reservation holders place the event in Waco, Texas, at 8:30 p.m. Eastern. Waco sits roughly 20 minutes from SpaceX’s McGregor rocket test site, where the FAA has put a temporary flight restriction in place from September 18 through October 2, covering a 1.5 nautical mile radius from the surface up to 10,000 feet.
Tesla is also taking money ahead of the reveal. The company reopened Roadster reservations earlier this week with a $5,000 refundable card payment, followed by a $45,000 wire transfer due within 10 days. That puts buyers at $50,000 committed before Tesla has published a price.
The original pitch set a high bar: 0 to 60 mph in 1.9 seconds before any upgrades, 620 miles of range, a top speed above 250 mph, and production in 2020. That timeline has slipped repeatedly, and Tesla has since pointed to production at Gigafactory Texas no earlier than 2027. The company has said next Thursday’s event will include pricing, specifications, and production targets, the three details original reservation holders have been waiting on for nearly nine years.
Tesla Full Self-Driving’s release in Europe is set to be delayed by at least a few months.
The European Union will not vote on Tesla’s Full Self-Driving (Supervised) on October 6. The draft agenda for the 119th meeting of the Technical Committee on Motor Vehicles lists only a 25-minute “continuation of discussions” on the Netherlands’ Article 39 request, not a decision. The next scheduled TCMV session is in December, which is now the earliest date a bloc-wide vote could occur.
Tesla Europe had pointed to October 6 as a possible EU-wide vote after the Dutch vehicle authority RDW granted the first European type approval on April 10.
That approval, under UN Regulation 171 plus an Article 39 exemption in EU Regulation 2018/858, is the legal file other member states have been recognizing one by one. The same committee has already discussed the request twice without voting.
Elon Musk’s reply to the delay was a single word: “Sigh.”
Sigh
— Elon Musk (@elonmusk) September 25, 2026
Seven EU countries have now cleared FSD Supervised on their own roads: the Netherlands, Lithuania, Estonia, Denmark, Belgium, Slovenia, and Czechia. Those seven states represent about 53 million people, or roughly 12 percent of the EU population. An EU-wide authorization still needs a qualified majority: at least 15 of 27 member states representing 65 percent of the bloc’s population, about 292 million people.
Germany, France, Italy, and Spain remain the decisive markets. France has already rejected the current system; several other governments have flagged speed-limit compliance as the main sticking point.
The safety case Tesla is putting in front of those governments is now public. On September 1, Tesla Europe said FSD Supervised was in use by more than 70,000 customers, covering over 1 million kilometers a day, and was 4.1 times less likely to be involved in a crash than manual driving across 100 million kilometers on EU public roads.
An earlier mid-year cut of the same fleet data, covering 65 million kilometers in five approved countries, put the collision advantage at 5.2 times, with zero highway collisions over 41.9 million kilometers. Tesla also reported far fewer automatic emergency braking events, harsh accelerations, and hard swerves than in comparable manual Tesla driving. Those figures are company-reported, not independently audited.
Tesla Full Self-Driving is taking over Europe: fourth country gets FSD approval
The public-health backdrop is harder to dispute. European countries recorded about 19,400 road deaths in 2025, or roughly 53 a day, most of them attributed to human error. FSD Supervised is not unsupervised autonomy; the driver remains legally responsible. But the software is already legal and in daily use across seven member states.
Until TCMV votes, the rest of the EU remains a patchwork: available in Prague and Amsterdam, locked behind review in Paris and Berlin. December is now the next chance to close that gap.
SpaceX completes another secret Pentagon launch, adding to suspected Starshield buildout
Tesla hints at new Roadster design in surprise clip
