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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.”
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.
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Tesla’s long-promised Cybercab is finally available for personal purchase, at least for a select few in the Austin area. But it’s far from a straightforward ownership experience.
The $29,990 price tag comes with a stack of restrictions that redefine what “owning” the vehicle actually means. The two-seat, steering-wheel-free Robotaxi, previously limited to Tesla’s own fleet, now carries contractual terms that limit where it can go, how it can be used, and whether it can even move without an active paid subscription.
Opening Night of Orders
Late on November 13, Tesla announced that select customers were being invited to order a Cybercab for personal use.
Tesla Cybercab goes on sale for $29,990, slated for December deliveries
The estimated purchase price is $29,990 before taxes, paired with a non-refundable $1,000 deposit and an estimated December 2026 delivery in Austin, Texas. The first month of the required :Autonomy Subscription,” priced at $299 per month is included.
After that, the vehicle needs an active subscription to operate at all. The announcement confirmed that customer sales had begun, albeit on an invite-only basis rather than a public order page.
The Fine Print for Buyers
BREAKING: Tesla’s Cybercab Autonomy Subscription terms are now live. A paid monthly subscription is required.
1/12 Tesla: “Your Cybercab will not operate without an active Autonomy Subscription. 🧵 https://t.co/umVk6DJE2x— Spencer (@scotsrule08) November 13, 2026
For those invited to order, the agreements (Cybercab Order Agreement, Terms of Use, and Autonomy Subscription Agreement) impose significant constraints. Major points include:
- A mandatory Autonomy Subscription (currently listed at $299 per month on the order screen, first month included) is required; without it, the Cybercab will not operate.
- Personal, non-commercial use only; ride-hailing, Robotaxi network participation, delivery, or rental requires separate written authorization or product enablement from Tesla.
- Operation restricted to Tesla-enabled Robotaxi geofences and supported service areas, which the company can expand, shrink, or alter; the vehicle may be technologically prevented from operating outside them.
- No unauthorized modifications (including wraps, window tint, or wheel changes) without Tesla or an authorized provider.
- Restricted resale and transfer: written permission required, with contractual damages of at least $50,000 (or full transaction value if higher) for unauthorized sales; Tesla also reserves repurchase rights at a company-determined fair market value, with the owner covering return costs.
- Safety or improper-use “strikeouts” (three or more) can trigger a one-week suspension of autonomous features without prorated refund.
- Owners remain responsible for insurance, registration, charging, parking, and general cleaning; the subscription covers certain maintenance items such as tires, windshields, filters, and camera cleaning, plus limited towing.
- Manual controls on the touchscreen allow only short-distance movement up to about 2 mph and require a valid driver’s license; they are not for public-road driving.
Why These Terms Might Exist
Tesla’s approach prioritizes control over a vehicle designed without traditional human controls and intended primarily as transport-as-a-service, something that Musk has hinted toward for some time now. Restricting commercial use and modifications could be as much of a software integrity, safety, and data collection effort as it is a safety effort.
Fleet consistency could also be in regulatory scrutiny early on in the Cybercab’s days of public operation.
The subscription model generates ongoing revenue beyond the low vehicle price and ensures the car remains connected and updatable, something that will keep the Cybercab as safe as possible as new updates roll out.
Buyback and resale limits reduce the risk of vehicles circulating outside Tesla’s operational and service ecosystem.
It apperas that personal ownership is secondary to the broader Robotaxi network strategy, as Musk has previously stated that the vast majority of Cybercabs would remain Tesla-owned.
Pickup Locations and Musk’s Pricing View
Initial deliveries are estimated for Austin, but personal vehicles are able to operate in any of Tesla’s Robotaxi geofences:
It’ll work unsupervised inside all the same geo locations as @robotaxi, just serving the owners’ needs.
— Ashok Elluswamy (@aelluswamy) November 14, 2026
Those who have been invited to order can also have their personal Cybercab delivered to numerous locations in Texas, including:
- Austin
- Dallas
- Houston
- San Antonio
- Fort Worth
Interesting that you can choose a delivery city https://t.co/SknDz9rFzo
— Whole Mars Catalog (@wholemars) November 14, 2026
As far as the monthly “Autonomy Subscription,” it appears Musk already wants it to be low. He acknowledged last night on X that the subscription price is too high. Along with detailing that the Cybercab will be available nationwide as regulatory approval is received, Musk said the monthly fee should match the cost of FSD and Premium Connectivity, which is about $115 per month.
The launch marks a milestone for unsupervised personal autonomous vehicles, but the fine print makes clear that buyers are purchasing a highly constrained asset whose usefulness is tightly bound to Tesla’s software, service network, and geographic approvals.
Tesla has officially put the Cybercab up for sale, revealing a bargain price and a $299 per month “Autonomy Subscription” that could hit customer hands as soon as December.
The offer requires a $299 monthly Autonomy Subscription, with the first month included in the purchase price, along with a $1,000 non-refundable order deposit. Tesla’s ordering interface shows deliveries targeted for Austin, Texas.
Tesla says that the Cybercab is making transportation more efficient, affordable and accessible than ever before, and that buyers can order their own Cybercab for personal use.
🚨🚨🚨 BREAKING: Tesla Cybercab is officially on sale for $29,990 with a $299/mo “Autonomy Subscription”
Delivery slotted for December! HUGE!
— TESLARATI (@Teslarati) November 13, 2026
The Cybercab is Tesla’s dedicated robotaxi, a gold-finished, two-passenger vehicle without a steering wheel or pedals, designed from the outset for unsupervised autonomous operation. It has been in limited Robotaxi service in Austin since September 2026, operating alongside Tesla’s larger fleet of Model Y vehicles.
Production takes place at Gigafactory Texas, which launched earlier this year. Tesla has stated for some time that it planned to put Cybercabs on sale by the end of the year, and it looks like they will come through on that promise if everything goes according to plan.
The Autonomy Subscription is mandatory for the vehicle to operate because it is void of a steering wheel and pedals. Tesla notes that the subscription and regular vehicle maintenance are required, indicating that personal owners will depend on the company’s software and service infrastructure rather than traditional ownership models.
One month of the subscription is included with purchase and subsequent months are billed separately until canceled.
This limited personal-sales opening marks a shift from Tesla’s earlier emphasis on fleet and transport-as-a-service operations. During the Q3 2026 Earnings Call, executives indicated that the vast majority of Cybercabs would remain Tesla-owned and used for rideshare service, while still aiming to place some vehicles with customers by year-end.
Elon Musk has previously targeted a price below $30,000, which was a huge point of emphasis for the Cybercab being the central point of Tesla’s “transportation-as-a-service” model.
Availability remains restricted to invited customers rather than a public order page, and the initial deliveries are expected only in the Austin area where unsupervised Robotaxi operations are already active. Buyers will need to accept the geographic and operational constraints of current autonomous deployment, as the vehicle cannot be driven manually outside supported zones.
The move gives a small number of early buyers the chance to own Tesla’s dedicated autonomous vehicle at the long-discussed sub-$30,000 price point, while the bulk of production continues to support the company’s expanding Robotaxi network.
UPDATE: The FAA has granted the license for Starship Flight 15.
Starship Flight 15 License has been granted by the FAA!
Let’s go! https://t.co/DugsgjvYAe
— TESLARATI (@Teslarati) November 13, 2026
SpaceX is set to attempt its 15th test flight of Starship this evening from Starbase, Texas.
SpaceX is targeting Starship Flight 15 for a launch as soon as today, Friday, November 13, pending an FAA Flight License, during a 75-minute window that opens at 4:45 p.m. CT (5:45 p.m. ET) from Orbital Launch Pad 2 at Starbase, Texas. The flight remains pending final regulatory approval.
WATCH Starship Flight 15 here:
https://t.co/C6GnCHyF8p
— TESLARATI (@Teslarati) November 13, 2026
The mission, using Booster 22 and Ship 42, aims to achieve the first full recovery of an orbital launch system. Primary objectives include a tower catch of the Super Heavy booster roughly six and a half minutes after liftoff and the first-ever tower catch of a Starship upper stage after more than 22 hours in space.
SpaceX will perform Starship double catch attempt with Flight 15
Between those catches, Ship 42 is planned to enter a low Earth orbit of about 275 km, complete roughly 14 orbits, and deploy 26 next-generation Starlink V3 satellites (Starlink Group 31-2). Three of those satellites carry cameras to inspect the ship’s heat shield in orbit and help controllers decide whether the vehicle is healthy enough for a return to the tower.
Contingency ocean splashdown options exist if either stage is not cleared for catch.
To watch the attempt, check the link to the broadcast in both X posts in this article. The live webcast is scheduled to begin about 30 minutes before liftoff and is planned to continue through the ship catch the next day, with the possibility of extended onboard views during the orbital coast via Starlink.
Because the schedule is dynamic, check back here or on our social media channels for the latest updates on window timing and regulatory status. A successful dual catch would mark a major milestone toward making Starship a rapidly reusable rocket capable of frequent flights.
WATCH Starship Flight 15 here:
https://t.co/C6GnCHyF8p
— TESLARATI (@Teslarati) November 13, 2026
Tesla Cybercab ownership will come with plenty of strings attached
Tesla Cybercab goes on sale for $29,990, slated for December deliveries
