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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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Tesla opens Supercharging Network to other EVs in new country

Tesla’s Supercharging infrastructure is the most robust in the world, and it has done a wonderful job of keeping things up and running for the millions of owners out there. As it expanded access to non-Tesla EVs a couple years back, it has still managed to keep things pretty steady, although the need for more charging is apparent.

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Kia EV6, EV9 and Niro Owners Gain Access to Over 21,500 Tesla Superchargers

Tesla has started opening its Supercharging Network, which is the most expansive in the world, to other EVs in a new country for the first time.

After expanding its Supercharging offerings to other car companies in the United States a few years ago, Tesla is still making the move in other markets, as it aims to make EV ownership easier for everyone, regardless of what manufacturer a consumer chose to purchase from.

Tesla’s Supercharging infrastructure is the most robust in the world, and it has done a wonderful job of keeping things up and running for the millions of owners out there. As it expanded access to non-Tesla EVs a couple years back, it has still managed to keep things pretty steady, although the need for more charging is apparent.

Now, Tesla is expanding access to the Supercharger Network to non-Tesla EVs in Malaysia. The automaker just opened up a charging stie at the Pavilion KL Mall in Kuala Lumpur to non-Tesla owners, giving them eight additional Superchargers to utilize with a charging speed of up to 250 kW.

Tesla is also opening up the four-Supercharger site in Shah Alam, a four-Supercharger site at the IOI City Mall, and a six-Supercharger site in Gamuda Cove Township.

Electrive first reported the opening of these Superchargers in Malaysia.

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The initiative from Tesla helps make EV ownership much simpler for those who only have access to third-party charging solutions or at-home charging. While at-home charging is the most advantageous, it is not an end-all solution as every driver will eventually need to grab some range on the road.

Tesla has been offering its Superchargers to non-Tesla EVs in the United States since 2024, as Ford became the first company to gain access to the massive network early that year when CEO Elon Musk and Ford frontman Jim Farley announced it together. Since then, Tesla has offered its chargers to nearly every EV maker, as companies like Rivian and Lucid, and even legacy car companies like General Motors have gained access.

It’s best for everyone to have the ability to use Tesla Superchargers, but there are of course some growing pains.

Charging cables are built to cater to Tesla owners, so pull-in Superchargers are most advantageous for non-Tesla EVs currently, but the company’s V4 Superchargers, which are not as plentiful in the U.S. quite yet, do enable easier reach for those vehicles.

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Tesla Semi expands pilot program to Texas logistics firm: here’s what they said

Mone said the Tesla Semi it put into its fleet for this test recorded 1.64 kWh per mile efficiency, beating Tesla’s official 1.7 kWh per mile target and delivering a massive leap over conventional diesel trucks.

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Credit: Mone Transport

Tesla has expanded its Semi pilot program to a new region, as it has made it to Texas to be tested by logistics from Mone Transport. With the Semi entering production this year, Tesla is getting even more valuable data regarding the vehicle and its efficiency, which will help companies cut expenditures.

Mone Transport operates in Texas and on the Southern border, and it specializes in cross-border U.S.-Mexico freight operations. After completing some rigorous testing, Mone shared public results, which stand out when compared to efficiency metrics offered by diesel vehicles.

“Mone Transport recently had the opportunity to put the Tesla Semi to the test, and we’re thrilled with the results! Over 4,700 miles of operations at 1.64 kWh/mile in our Texas operation. We’re committed to providing zero-emission transportation to our customers!” the company said in a post on X.

Mone said the Tesla Semi it put into its fleet for this test recorded 1.64 kWh per mile efficiency, beating Tesla’s official 1.7 kWh per mile target and delivering a massive leap over conventional diesel trucks.

Comparable Class 8 diesel semis, typically achieving 6-7 miles per gallon, consume roughly 5.5 kWh per mile in energy-equivalent terms, meaning the Semi uses three to four times less energy while also producing zero tailpipe emissions.

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Tesla Semi undergoes major redesign as dedicated factory preps for deliveries

The performance of the Tesla Semi in Mone Transport’s testing aligns with data from other participants in the pilot program. ArcBest’s ABF Freight Division logged 4,494 miles over three weeks in 2025, averaging 1.55 kWh per mile across varied routes, including a grueling 7,200-foot Donner Pass climb. The truck “generally matched the performance of its diesel counterparts,” the carrier said.

PepsiCo, which operates the largest known Semi fleet, recorded 1.7 kWh per mile in North American Council for Freight Efficiency testing. Additional pilots showed similar gains: DHL hit 1.72 kWh per mile, and Saia achieved 1.73 kWh per mile.

These metrics underscore the Semi’s ability to slash operating costs through superior efficiency, lower maintenance, and zero-emission operation. As charging infrastructure scales and production ramps toward 2026 targets, participants like Mone Transport are proving electric semis can seamlessly integrate into freight networks, accelerating the industry’s shift to sustainable, high-performance trucking.

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Tesla continues to prep for a more widespread presence of the Semi in the coming months as it recently launched the first public Semi Megacharger site in Los Angeles. It is working on building out infrastructure for regional runs on the West Coast initially, with plans to expand this to the other end of the country in the coming years.

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SpaceX weighs Nasdaq listing as company explores early index entry: report

The company is reportedly seeking early inclusion in the Nasdaq-100 index.

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Credit: SpaceX/X

Elon Musk’s SpaceX is reportedly leaning toward listing its shares on the Nasdaq for a potential initial public offering (IPO) that could become the largest in history. 

As per a recent report, the company is reportedly seeking early inclusion in the Nasdaq-100 index. The update was reported by Reuters, citing people familiar with the matter.

According to the publication, SpaceX is considering Nasdaq as the venue for its eventual IPO, though the New York Stock Exchange is also competing for the listing. Neither exchange has reportedly been informed of a final decision.

Reuters has previously reported that SpaceX could pursue an IPO as early as June, though the company’s plans could still change.

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One of the publication’s sources also suggested that SpaceX is targeting a valuation of about $1.75 trillion for its IPO. At that level, the company would rank among the largest publicly traded firms in the United States by market capitalization.

Nasdaq has proposed a rule change that could accelerate the inclusion of newly listed megacap companies into the Nasdaq-100 index.

Under the proposed “Fast Entry” rule, a newly listed company could qualify for the index in less than a month if its market capitalization ranks among the top 40 companies already included in the Nasdaq-100.

If SpaceX is successful in achieving its target valuation of $1.75 trillion, it would become the sixth-largest company by market value in the United States, at least based on recent share prices. 

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Newly listed companies typically have to wait up to a year before becoming eligible for major indexes such as the Nasdaq-100 or S&P 500.

Inclusion in a major index can significantly broaden a company’s shareholder base because many institutional investors purchase shares through index-tracking funds.

According to Reuters, Nasdaq’s proposed fast-track rule is partly intended to attract highly valued private companies such as SpaceX, OpenAI, and Anthropic to list on the exchange.

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