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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 Roadster unveiling gets pushed again, but new event details emerge

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Credit: Dan Burkland

Tesla has reportedly pushed the unveiling of the Roadster once again, but there are also evidently new details about the event that the company plans to show off.

The Information reported this morning that Tesla will now unveil, for the second time, the next-generation Roadster in August, a further delay from the multiple timeline that the company had previously stated.

The report has not been confirmed or denied by Tesla at any capacity.

It also states the unveiling event will take place in Texas, the same place that Tesla executives revealed in May would be the place of manufacture for the company’s highly-anticipated supercar, which boasts a top speed of over 250 MPH and 650 miles of range, according to its website.

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Tesla is also expected to showcase the SpaceX package, which will be used for faster acceleration and potentially hovering capabilities, at the unveiling event, the report states. Musk has always planned for this to happen, but now it seems it is more realistic than ever

The Roadster has had its unveiling date and manufacturing date pushed back on many occasions. It was set to start production in 2020, but the COVID-19 pandemic crippled supply chain operations, forcing Tesla to push its timeline back considerably.

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However, COVID has been over for some time, and Tesla has still not managed to successfully schedule and execute an unveiling event, which is something fans and enthusiasts, as well as those who have put down a $50,000 deposit, have been waiting for.

The vehicle was close to completion last year, but Musk truly wanted Lars Moravy and Franz von Holzhausen to push the limits of the Roadster. In July of last year, Moravy said:

“Roadster is definitely in development. We did talk about it last Sunday night. We are gearing up for a super cool demo. It’s going to be mind-blowing; We showed Elon some cool demos last week of the tech we’ve been working on, and he got a little excited.”

It is important to note two things: Tesla has not confirmed these details, and the company has regularly pushed these dates back. Until Tesla sends out formal invitations with a concrete date, taking any unveiling event reports with a grain of salt is a good idea.

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Tesla Model 3 has a tasty Supercharging incentive, but it’s ending soon

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Credit: Tesla

Tesla is offering a tasty Supercharging incentive on certain Model 3 trims, but the company has officially put a concrete end date on it, so those interested should act fast.

Tesla is offering Free Supercharging for One Year on the Model 3 Premium and Performance trims, the top two offerings of the all-electric sedan. There are three trims of the Model 3 that will have the Free Supercharging offer attached:

  • Premium Rear-Wheel-Drive – $42,490
  • Premium All-Wheel-Drive – $47,490
  • Performance – $54,990

Tesla has now announced that this offer will expire on June 15, giving potential buyers about ten days to take advantage of the incentive.

This could be an additional incentive for car buyers to transition to electric vehicles. Many states are showing gas prices well over $4 per gallon, with the national average currently sitting at $4.22, according to AAA.

Tesla Model 3 wins Edmunds’ Best EV of 2026 award

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A free year of Supercharging miles would allow people to charge and travel for free, other than routine maintenance, which is already incredibly cheap compared to a gas car.

At Tesla Superchargers, peak rates, meaning prices between 8 a.m. and 10 p.m., average between $0.45 and $0.60. One year of driving at an average of 12,000 miles would cost between $1,000 and $1,500 at $0.50 per kWh. It’s a pretty good deal.

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Supercharging prices have also increased recently:

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Tesla has used Free Supercharging to move units in the past, and it’s a great strategy for those who plan to use the car for longer commutes, cross-country drives, or do not have reliable access to home charging.

It should be noted that Tesla recommends that Supercharging be used at a minimum to preserve the life of the battery, as fast-charging is more stressful on the cells.

However, some people might not have an option, so the Free Supercharging incentive could truly be a great reason for many people to charge their cars.

The Supercharging incentive is short-term, and it is pretty rare that Tesla utilizes it, so once this offer is gone, we probably will not see it on the Model 3 for some time.

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Ferrari CEO’s self-driving stance echoes Elon Musk’s — sort of

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Credit: Tesla | Ferrari

Ferrari CEO Benedetto Vigna revealed that the Italian automaker’s future will not involve self-driving, a point that echoes that of Tesla CEO Elon Musk’s — sort of.

You might be thinking, “Are you insane? Musk has been so incredibly hellbent on delivering self-driving vehicles to the public, so much so that he has even hinted that Tesla won’t need the ever-popular and widely-requested Model Y L in the U.S.

However, when it comes to electric supercars with high-performance specs and lofty price tags, Vigna’s stance is exactly what Musk wants for Tesla’s own hypercar project, the Tesla Roadster.

In a new interview with Australian media outlet Drive, Vigna made it clear that Ferrari’s ambitions for the future do not involve autonomy, simply because the company’s cars are not designed for anything but manual, spirited driving.

He said:

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“We will not make fully autonomous cars — loud and clear. We want the people to have fun, not the [computer] chips. We want to have a steering wheel and a man or a woman behind the steering wheel. Otherwise, why do you buy a Ferrari?”

This seems to be a reasonable assertion. Ferraris are not made for daily commutes, cross-country road trips, or bumper-to-bumper traffic. They’re made for fast, spirited driving, and many of their buyers will only put a few thousand miles on them throughout their lifetime. True, exciting, fun driving is meant to be done manually.

That is not to say Full Self-Driving or other semi-autonomous suites are not “fun,” but they are meant to take the stress out of driving. They are made for the daily commutes, the rush hour traffic, and the parking lots and garages. It’s made to take the stress out of driving.

Tesla Full Self-Driving attempts 150-mile stress test: the good and the bad

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Musk had stated in an interview in early 2026 that the Roadster would also be geared toward fun, manually-controlled driving. On the Moonshots podcast with Peter Diamandis, Musk said about the Roadster:

“This is not a…safety is not the main goal. If you buy a Ferrari, safety is not the number one goal. I say, if safety is your number one goal, do not buy the Roadster…We’ll aspire not to kill anyone in this car. It’ll be the best of the last of the human-driven cars. The best of the last.”

There are cars out there that simply are meant to be driven by humans, and Ferraris and Roadsters are a few of them. Ferrari has no true advantage in developing self-driving; their cars sell at low volumes with high price tags, and their performance specs and engineering are all geared toward spirited driving.

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