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.
SpaceX officially launched the Starlink Mini 2 on November 10, delivering the first portable Starlink terminal designed around independent power.
Invitation-only preorders for select U.S. customers are priced at $999 plus tax, a figure that includes a full year of Roam Unlimited service valued at roughly $2,100. A refundable $100 deposit reserves the kit, with the balance due at shipment, expected to begin in mid-December. Broader availability is listed as coming soon.
Starlink just unveiled Mini 2, its next-gen portable dish.
Quick-swap battery, up to 4.5 hrs per charge
USB-C power
Built-in Wi-Fi
Online in about 60 secondsPreorders are open now. https://t.co/QawqgbswrQ
— TESLARATI (@Teslarati) November 10, 2026
The headline feature is the quick-swap 71 Wh battery. Clipped to the rear of the dish without tools, it delivers up to 4.5 hours of connectivity on a single charge.
The 490-gram pack includes its own USB-C port and LED indicators, so users can charge a spare separately and swap it in seconds while staying online. Starlink notes that the terminal can continue operating while the battery charges or run directly from a 60 W USB-C source. The retail box includes one battery, a 60 W USB-C charger, and a 3-meter cable.
Beyond power, the Mini 2 is thinner at 23.1 mm (versus 38.5 mm on the original Mini) while measuring 263 × 314 mm. With the battery and kickstand attached it weighs 1.6 kg.
Built-in Wi-Fi 6 expands coverage to up to 1,800 square feet, an IP67 rating protects against dust and water, and a standard 1/4-20 tripod thread plus physical power button round out the design. Field of view remains 110 degrees, and the unit retains support for mobile use.
For travelers, campers, and remote workers, the swappable battery removes the longstanding requirement for an external power bank or vehicle outlet that defined the first Mini. Spare packs sold separately further extend runtime, turning the compact terminal into a more self-contained solution.
While the bundled $999 invitation price sits well above the original Mini’s current $149 starting point, the included year of service and genuine untethered operation mark a clear step forward in portable satellite internet.
Elon Musk
SpaceX’s $24B Starbase supercomputer plan slipped past a key roadblock
SpaceX wants a Starbase tax break for a $24 billion gas plant and supercomputer campus.
SpaceX is asking its own company town for a tax break on a $24 billion natural gas power plant and supercomputing facility at Starbase, Texas, and the land it picked sits just outside the reach of a data center moratorium that took effect in neighboring Brownsville last week.
A City of Starbase public hearing notice says SpaceX “proposes to construct, own, and operate a gas-fired power plant and super-compute facility” on roughly 444 acres between Boca Chica Boulevard and the Port of Brownsville. The $24 billion figure covers only the initial phases, and the notice leaves room for future expansions. The Starbase City Commission will consider a property tax abatement and a related economic development agreement at a 7 p.m. hearing on December 9. The notice does not disclose the size or length of the abatement, or how much computing capacity the site would hold.
The location has a history. Over the summer, SpaceX asked Brownsville to remove the tract from its city limits and offered $220 million for water and wastewater projects in return. Brownsville approved the move in August, and Starbase later annexed the land. Brownsville’s own 90-day pause on data center applications took effect last week, and had the tract stayed inside the city, the project likely would have needed a different home.
The power side is already in front of state regulators. SpaceX has applied to the Texas Commission on Environmental Quality for air permits covering 35 mobile gas turbines producing roughly 750 megawatts, according to Politico, which also noted that two of the three Starbase commissioners voting on the incentives are SpaceX executives.
Building its own plant lets SpaceX skip the Texas grid. Gov. Greg Abbott paused new data center grid connections in August pending an audit, but a facility that generates its own electricity does not need one. The air permit still has to clear the TCEQ, where Abbott also ordered a halt on data center permits.
The bigger test arrives in January. Governor-elect Gina Hinojosa, who unseated Abbott last week, has said she will block data center approvals until the legislature passes new protections, and she has already asked state officials to hold off on any sale of Boca Chica State Park to SpaceX until she is sworn in. Tesla and SpaceX shares both fell the day after the election, and Musk’s first reaction on X was “Data centers in space looking pretty appealing right now.”
That line points to Starmind, SpaceX’s orbital compute constellation. Musk has said terrestrial compute will be “peanuts compared to orbital compute” and expects monthly orbital deployments to pass ground deployments around the end of 2028, as Teslarati reported. Until then, SpaceX still needs gigawatts on the ground. It ended the third quarter with 1.7 GW of nameplate compute, is targeting 2.5 to 3 GW by the end of this year and wants at least 10 GW more in 2027. Its existing Colossus sites around Memphis already run on gas turbines and face a lawsuit from residents over emissions.
Local reaction is split. The South Texas Environmental Justice Network has announced a protest, citing air quality, water use and energy bills, while some Brownsville residents told the Tribune they welcome the jobs. SpaceX did not respond to the Tribune’s questions about the project.
Tesla CEO Elon Musk announced that the company will extend Cybertruck production slightly to handle its extensive order backlog.
On Wednesday, Musk announced that “In order to work through more of the Cybertruck order backlog, production will be extended through the end of summer 2027.”
In order to work through more of the Cybertruck order backlog, production will be extended through the end of summer 2027
— Elon Musk (@elonmusk) November 11, 2026
Tesla has already attempted to simplify its last months of production for the Cybertruck by eliminating several trim levels and only offering the Cyberbeast, the most expensive trim that starts at $109,990. The other two trim levels, the Cybertruck All-Wheel-Drive and Premium All-Wheel-Drive have both been discontinued.
There has been plenty of backlash against Tesla’s decision to ax the Cybertruck, but the company’s forecast prioritizes Cybercab and autonomy. Factory space at Gigafactory Texas that is not necessary is now being set aside for the Cybercab as the company truly embraces its “transportation-as-a-service” model.
There is still a slim chance the Cybertruck survives. Last evening, Tesla upfitter Unplugged Performance offered to take the Cybertruck line off of Tesla’s hands and continue building it, along with a CyberSUV.
Nevertheless, Tesla seems to be ending the Cybertruck on its terms after what will be a three-and-a-half-year run. It still does not really feel quite real; I think many of us thought the Cybertruck would be around for years to come.
Musk added more detail, stating that while it was not the smartest move, “there must be some room in this world for sentimentality or what’s the point?”
This is not the smartest move from a profit-maximizing standpoint btw, but there must be some room in this world for sentimentality or what’s the point?
— Elon Musk (@elonmusk) November 11, 2026
Other EV pickups on the market have experienced a similar fate.
The Ford F-150 Lightning was axed by the Detroit company due to the continued losses the company took from sales. That truck was never profitable, and Ford is still taking a quarterly loss in its EV side. However, things are moving along as it has plans for a mass market EV pickup, which will likely gather some substantial demand if Ford can get it just right.
Perhaps another extension or even a total change of heart might come. Only Musk knows.
Starlink Mini 2 arrives with one feature for true off-grid connectivity
SpaceX’s $24B Starbase supercomputer plan slipped past a key roadblock
