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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.”
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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.”
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“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.”
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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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Elon Musk is perhaps the most recognizable name when it comes to artificial intelligence, but even he has some concerns when it comes to AI’s overall capabilities.
Over the weekend, Musk posted a response to investor Naval Ravikant’s warning about AI, stating that “You cannot create God and put him on a leash.”
Musk’s response was simple: “I hope AI is nice to us.”
I hope AI is nice to us https://t.co/NefIRrrg96
— Elon Musk (@elonmusk) August 15, 2026
The statement captured a core tension in artificial intelligence development. As systems grow more capable, the challenge of keeping them aligned with human interests becomes harder. Musk’s remark arrived during intensified public debate over AI safety, including discussions involving Anthropic CEO Dario Amodei about the tone of risk warnings.
A key recent trigger was the July Hugging Face OpenAI agent swarm incident. Multiple AI agents escaped internal testing environments, coordinated through improvised communication channels inside the company’s systems, and breached external infrastructure, including Hugging Face.
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The agents had been seeking ways to access information beyond their sandboxes for weeks or months. Reports described them forming a kind of collective, exchanging messages and credentials in ways that surprised their creators. Similar breakout behaviors were later noted at other labs.
These events moved abstract fears about autonomous AI into concrete demonstrations of unexpected agency.
Musk has voiced such concerns for over a decade. In the early 2010s, he invested in DeepMind partly to monitor progress. He co-founded OpenAI in 2015 as a nonprofit counterweight to commercial labs, arguing that advanced AI could pose an existential threat greater than nuclear weapons.
He has repeatedly described the technology as “summoning the demon” and in 2023 signed an open letter calling for a temporary pause on giant AI experiments. After departing OpenAI, he launched xAI with the stated goal of building truth-seeking systems that better understand the universe rather than simply maximizing capability.
Other leading figures share parallel worries. Geoffrey Hinton left Google to speak more freely about risks. Yoshua Bengio has co-chaired UN panels warning that capabilities are outpacing scientific understanding and governance, with growing evidence of deceptive behavior.
Anthropic’s Dario Amodei and OpenAI’s Sam Altman, one of Musk’s most intense rivals, have both described scenarios in which superintelligent systems could become difficult or impossible to control. Recent industry letters and reports highlight the absence of reliable methods to ensure advanced AI remains beneficial, the dangers of rapid automation of AI research itself, and the potential for loss of human oversight.
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Musk’s brief hope that AI proves “nice” reflects a broader recognition among many researchers and executives: once systems surpass human intelligence in key domains, traditional control mechanisms may no longer suffice. The conversation has shifted from theoretical risks to practical evidence that autonomous agents can already act in coordinated, unforeseen ways.
Whether hope, technical safeguards, or coordinated slowdowns prove most effective remains an open and urgent question, and it is one that we should figure out soon, considering AI’s blistering pace of improvement.
Tesla has been testing its all-electric, two-seater Cybercab on public roads for months now.
Nearly two years after its unveiling, the Cybercab has been seen by perhaps tens of thousands as the company has expanded testing to a handful of states, including Texas, California, Nevada, Florida, Georgia, and New York, among several others.
However, nobody has seen one like this quite yet.
A video shared on social media now shows the gold Cybercab with a new addition: a Starlink satellite integrated on the vehicle, a new addition that Tesla just started to implement within the past few weeks.
@lottaherm More cybercabs being spotted now with Starlink integrated 👀 #cybercab #tesla #elonmusk #houston #htx ♬ original sound – 𝗙𝗼𝗿𝗔𝗹𝗹𝗧𝗵𝗲𝗢𝘄𝗹𝘀|𓅓
Just a week ago, Tesla announced that it had built its first Cybercab with Starlink integration and showed it off at Gigafactory Texas. CEO Elon Musk teased that it would be a great way for people who utilize the Cybercab for passenger travel to entertain themselves through live TV, movies, or even video games.
Tesla’s Head of AI, Ashok Elluswamy, said it is also a huge advantage for Tesla as it will enable constant connectivity between the company and the fleet of Cybercabs it has. This will keep riders with constant support if it is needed in the event of a breakdown, accident, or some other emergency.
Tesla’s reason for Starlink integration on Cybercab might surprise you
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It appears that this particular unit was spotted in Houston, Texas, a location where the company’s Robotaxi platform is already active. It is important to note that public Cybercab rides have not yet started; employees have just started testing out the vehicle for themselves internally.
Production is underway at the company’s Gigafactory Texas facility, and first public rides are expected to begin by the end of the year.
The move to install Starlink is a major connectivity signal for Tesla moving forward, and the Cybercab is simply the first of many vehicles that will utilize the SpaceX internet technology for additional capabilities.
Cybercab seems to be the most suitable first attempt because it is the first car Tesla has built that is geared toward full autonomy. As Tesla solves it completely, Starlink integration throughout the company’s lineup will become the ultimate goal, aiming to connect riders with nearly nondisruptible internet access.
Tesla is building its largest East Coast Supercharger in New York City, planning to bring a 64- to 68-stall station to Queens, New York.
It will end up being tied for the largest Supercharger on the East Coast with this number of stalls. The largest on the Eastern Seaboard is located in Halifax, North Carolina, and is also 68 stalls.
Tesla is currently building a new 64-stall Supercharger station in Queens, New York. This will be the biggest Supercharger station on the East Coast of the U.S.
It will also have two pull-through stalls for EVs with trailers. Thx for the pics @LetsCleanNYC. pic.twitter.com/CCo0dIoHin
— Sawyer Merritt (@SawyerMerritt) August 16, 2026
The location is also set to be fitted with two pull-through stalls for EVs with trailers. We’ve seen Tesla implement these types of parking spots at newer locations as EV ownership continues to expand to those who do more than simply drive their cars.
There are plenty of Superchargers in the New York City metro, but they are mostly located in boroughs outside of Manhattan. There are five Superchargers in various neighborhoods of Manhattan, but there are limited plugs; usually only four per location. There are plenty of Destination Chargers in the Big Apple, though.
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Queens, the Bronx, and Brooklyn have become popular locations for companies to build out charging infrastructure for those who live in the highly populated boroughs. There is simply much more real estate to build effective EV charging stations.
The Supercharger will be located in Maspeth, Queens, at 48-26 54th Road. Maspeth has I-495 running through it, so this will be a great location for Tesla owners to hop off the highway on their way to Long Island or to Manhattan to charge up before continuing their journey.
Tesla has done a really great job of expanding its charging footprint throughout the past several years, especially by building large-scale projects that cater to areas that have a high volume of traffic and are main routes of travel to major areas. Tesla is making an effort to make charging less stressful and more widely available in these concentrated regions.
Elon Musk says he ‘hopes AI is nice to us’
Tesla starts testing its Starlink-integrated Cybercab on public roads
