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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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Investor's Corner

Tesla Optimus is already benefiting investors, top Wall Street firm says

Piper Sandler has updated its detailed valuation model for Tesla (NASDAQ: TSLA), concluding that at recent share prices around $400–$420, investors are essentially acquiring the company’s ambitious Optimus humanoid robot project at no extra cost.

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Credit: Tesla China

Tesla Optimus is already benefiting investors from a fiscal standpoint, at least that is what Alexander Potter at Piper Sandler, a top Wall Street firm covering the company, says.

Piper Sandler has updated its detailed valuation model for Tesla (NASDAQ: TSLA), concluding that at recent share prices around $400–$420, investors are essentially acquiring the company’s ambitious Optimus humanoid robot project at no extra cost.

Analyst Alexander Potter, in the firm’s latest “Definitive Guide to Investing in Tesla,” built a comprehensive framework covering 17 separate product lines.

This granular approach values Tesla’s core businesses—including electric vehicles, energy storage, Full Self-Driving (FSD) software, in-house insurance, Supercharging network, and a standalone robotaxi operation—at approximately $400 per share, without assigning any value to Optimus or related inference-as-a-service opportunities.

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“At $400/share, we think investors can buy Optimus for ‘free,’” Potter stated in the note. Piper Sandler maintained its Overweight rating on Tesla shares and a $500 price target, which implicitly attributes roughly $100 per share to the robot-related businesses— a figure the analyst views as potentially conservative.

The updated model incorporates elements often overlooked by other sell-side analysts, such as detailed forecasts for Tesla’s insurance operations, Supercharger revenue, and a distinct valuation for the robotaxi business separate from FSD software licensing. It also accounts for Tesla’s 2025 CEO compensation plan for the first time.

Potter acknowledged that his estimates for 2026 and 2027 fall below Wall Street consensus, citing factors like declining deliveries from certain discontinued models and reduced regulatory credit income.

However, he expressed limited concern, noting that traditional vehicle delivery metrics are expected to matter less over time as FSD subscriber growth and robotaxi deployment metrics gain prominence. On Optimus specifically, Potter suggested the humanoid robot program, combined with inference services, “arguably will be worth more than Tesla’s other businesses combined,” though the firm has not yet produced formal long-term forecasts for these segments.

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Elon Musk reveals shocking Tesla Optimus patent detail

Tesla shares have traded near the $400 range in recent sessions, reflecting ongoing investor focus on the company’s autonomous driving progress and expansion into robotics and AI. The Optimus project remains in early development stages, with Tesla aiming to deploy the robots initially for internal factory tasks before broader commercial applications.

This Piper Sandler analysis highlights the growing emphasis among some investors and analysts on Tesla’s long-term technology platform potential beyond its current automotive and energy businesses.

As with any forward-looking valuation, outcomes will depend on execution timelines, technological breakthroughs, regulatory approvals for autonomous systems, and market adoption of humanoid robotics—areas that carry significant uncertainty and execution risk.

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The note underscores a common theme in Tesla coverage: differing views on how to quantify emerging high-growth opportunities like robotics within the company’s overall enterprise value. Investors are advised to consider their own risk tolerance and conduct thorough due diligence regarding these speculative elements.

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Tesla Giga Texas buzzing as new Cybertruck appears to enter production

Additionally, the Cybercab manufacturing ramp-up is continuing amidst Tesla’s busy May, which includes a handful of things from an automotive perspective.

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Credit: Joe Tegtmeyer | X

Tesla Giga Texas is buzzing with a lot of action, as it appears the new Cybertruck trim that was offered a few months back has entered production. Additionally, the Cybercab manufacturing ramp-up is continuing amidst Tesla’s busy May, which includes a handful of things from an automotive perspective.

Drone operator Joe Tegtmeyer captured striking footage over Giga Texas on the morning of May 11, 2026, revealing fresh batches of Cybertrucks that may mark the start of series production for the long-awaited $59,990 Dual Motor AWD variant.

Tesla launches new Cybertruck trim with more features than ever for a low price

The vehicles lined up in staging areas, and we got a great look at three of the units parked on the property:

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Tegtmeyer notes the difficulty in visually distinguishing this base AWD model from higher-trim versions, unlike the earlier Long-Range RWD that lacked a motorized tonneau cover.

Tesla launched the $59,990 Dual Motor AWD Cybertruck in late February 2026 with a brief introductory pricing window that closed by month’s end.

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Demand proved overwhelming.

Initial U.S. delivery estimates of June 2026 quickly slipped to September–October and, for newer orders, as far as April 2027.

The move underscores robust consumer interest in a more accessible all-wheel-drive Cybertruck priced under $60,000 before incentives—positioning it as a volume play for Tesla’s electric pickup lineup while premium AWD and Cyberbeast variants continue to be sold as usual.

Meanwhile, Cybercab production at the same Austin facility shows steady, if deliberate, progress. Tegtmeyer’s latest flyover documented dozens of glossy production-spec Cybercabs parked in the outbound lot—consistent with Tesla’s early statements that initial output would remain modest before scaling later in 2026.

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The purpose-built robotaxi, unveiled in 2024 and lacking a steering wheel or pedals, rolled its first unit off the line in February. Volume manufacturing began in April, with early examples already undergoing autonomous testing around the factory grounds.

Elon Musk has repeatedly emphasized that Cybercab and Semi production will start slowly before ramping “exponentially” toward year-end. The presence of multiple finished units signals Tesla’s Unboxed manufacturing process is maturing, even as the company balances Cybertruck output with autonomy milestones.

Recent drone imagery also shows ongoing construction for Optimus and test-track expansions, highlighting Giga Texas’s evolving role as Tesla’s hub for next-generation vehicles.

For Cybertruck buyers, the potential ramp of the $59K AWD offers hope of shorter waits and broader market access. For autonomy enthusiasts, the growing fleet of Cybercabs hints at robotaxi service trials on the horizon.

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While official confirmation from Tesla remains pending, Tegtmeyer’s footage provides the clearest public signal yet that both programs are advancing in parallel at Giga Texas.

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Tesla Full Self-Driving gains momentum in Europe with new country mulling approval

Tesla is advancing FSD’s technology across Europe with fresh talks underway in Ireland, signaling broader regulatory progress. On May 10, Ireland’s Department of Transport confirmed that Tesla is actively engaging with national authorities, including the National Standards Authority of Ireland (NSAI) to secure approval for FSD Supervised.

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Credit: Tesla Europe & Middle East | X

Tesla Full Self Driving (FSD) technology is gaining momentum in Europe, with yet another new country mulling a potential approval for operation on its roads.

Tesla is advancing FSD’s technology across Europe with fresh talks underway in Ireland, signaling broader regulatory progress. On May 10, Ireland’s Department of Transport confirmed that Tesla is actively engaging with national authorities, including the National Standards Authority of Ireland (NSAI) to secure approval for FSD Supervised.

While the department noted that full rollout in Ireland would ultimately depend on EU-level clearance, the engagement marks a notable step forward in Tesla’s European expansion strategy, Irish media outlet RTE said.

Tesla FSD in Europe vs. US: It’s not what you think

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The news comes on the heels of a landmark breakthrough in the Netherlands. In April, Dutch vehicle authority RDW granted the first-ever EU type approval for FSD Supervised after 18 months of rigorous testing on public roads and tracks. The provisional approval allows the system on all Dutch roads, with Tesla already rolling it out to select owners following mandatory safety training.

The Netherlands has since notified the European Commission and is advocating for wider recognition, positioning the Dutch decision as a potential template for the bloc.

Europe has long lagged behind the United States, China, and other markets where FSD is more widely available. Strict EU regulations on automated driving systems have required extensive validation, but momentum is building.

Tesla now lists the Netherlands alongside established markets such as the U.S., Canada, Australia, and South Korea on its regional FSD page. Other countries, including Belgium, are reportedly fast-tracking their own review processes in response to the Dutch precedent.

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Analysts see Ireland’s involvement as strategic. As a smaller EU member with unique road challenges—narrow rural lanes, hedgerows, and variable weather—successful validation there could demonstrate FSD’s adaptability and strengthen the case for harmonized EU approval.

Tesla has indicated it aims for broader EU deployment as early as summer 2026, though the timeline remains fluid. Discussions at the EU’s Technical Committee on Motor Vehicles continue, with a possible vote later in the year. Some member states, particularly in Scandinavia, have expressed reservations over edge cases like speeding protocols and long-term safety data.

For Tesla, European expansion is more than a software update; it unlocks significant growth. The continent’s dense population and high vehicle ownership could accelerate data collection, refine the AI models powering FSD, and pave the way for unsupervised autonomy and robotaxi services.

Owners stand to benefit from enhanced safety features and reduced driver fatigue, while regulators weigh innovation against proven risk reduction. Early Dutch results already cite safety improvements:

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Tesla Full Self-Driving shows stunning maneuver in Europe to silence skeptics

But the work is far from done, and challenges are still present. FSD Supervised still requires driver attention and a readiness to intervene. EU rules emphasize that the technology is not fully autonomous, placing legal responsibility on the human operator. Tesla must also navigate varying national road conditions and public perception.

Nevertheless, the Ireland talks underscore a clear trajectory: one national approval at a time, Europe is inching closer to widespread FSD access. If the Dutch model gains traction, Summer 2026 could mark the beginning of a transformative chapter for autonomous driving on European roads.

Tesla’s persistent engagement with regulators is starting to pay off, and it suggests the company is still heavily committed to the expansion efforts across Europe, despite the red tape it has had to persist through.

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