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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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The in-car Tesla Theater is among the most unique features available within the cars. When charging, parked, camping, or just hanging out, vehicle occupants can access a variety of streaming platforms on the large center screen, helping keep them entertained during downtime.
However, the Theater might be getting plenty more streaming platforms, something that owners have requested for some time.
Tesla owners recently discovered that visiting Apple TV in the vehicle browser can launch a fullscreen interface that looks and behaves like a dedicated application rather than an ordinary webpage:
Today I learned that if you go to Apple TV in the Tesla browser, it will open up an actual Apple TV app, fully functional. Not just the site.
Apparently there are more apps than just the few that show on the apps page. pic.twitter.com/os1Ypfm4JR
— Jason W (@jmwilt21) August 20, 2026
The experience drops the usual address bar and browser chrome, presenting catalogs, continue watching rows, and playback controls in the same window Tesla Theater already uses for its listed services. Independent testers soon found similar treatment for HBO Max, Paramount+, Peacock, Disney+, and Prime Video when those sites are opened from the car browser.
This shift is a plausible early signal that Tesla is widening Theater support without a formal software note. Theater has long been a set of web views rather than native applications, so recognizing extra domains and stripping the browser frame is a small server-side change that can expand the catalog quickly.
Owners still lack permanent Theater icons for the newly recognized services, and video remains limited to Park, yet the smoother launch is a meaningful step toward a broader lounge while charging.
Tesla Theater arrived with software version 10 in September 2019. The first video services were Netflix, YouTube, and Hulu, available only while parked and originally tied to WiFi. Spotify arrived in the same era as music rather than Theater video. Disney+ joined officially in July 2021 with the 2021.24 update, giving owners another major catalog on the center screen. Twitch and TikTok later appeared among the default Theater tiles, and Tesla Tutorials remained a persistent educational tile.
Not every addition stayed put. In December 2023, a Holiday software build removed the Disney+ tile for many United States owners after a public dispute involving advertising on X. Hulu stayed visible even though Disney owned it. Visiting disneyplus.com in the browser often restored the tile, which suggested the removal was a recognition list change rather than a complete block. Owners have also reported occasional blank Theater grids after updates, usually fixed by language toggles, resets, or later firmware.
Tesla axes Disney+ from vehicles with Musk-Iger rivalry, but there’s a workaround
Code archives from 2024 listed many unused source names, including Apple TV and Prime Video, that never became official icons, which now looks like groundwork for the current fullscreen browser behavior.
Now that this hint toward an expanded Theater experience has been recognized, Tesla could follow through with these additional shortcuts as a sign that more streaming platforms are available in Teslas than ever before.
Tesla recently received its largest order for the all-electric Semi from Einride, a Swedish transport service, for 500 units, a groundbreaking invoice to receive before the first deliveries begin.
Even more remarkable, Einride CEO Roozbeh Charli said in a recent interview that he expects his company to take delivery of all 500 — the entire order — before the end of 2027. He even expects to have 75 Tesla Semi units in the Einride fleet before the end of this year.
🚨 Einride CEO Roozbeh Charli on the Tesla Semi partnership:
“If we start with the Amazon announcement that we did earlier this year, that was on the back of having gone through a proving period together with them and proving out our technology. Then we took that next step in… pic.twitter.com/oazkXjwoig
— TESLARATI (@Teslarati) August 28, 2026
Charli said the Tesla partnership was part of a broader push, along with its earlier partnership with Amazon. Einride is assisting Amazon with the use of its Saga AI platform, which helps eliminate questions about budgeting and forecasting for logistics companies.
The Semi, as well as Tesla’s production and subsequent delivery of the units to Einride, will help the company “to have a good supply of vehicles that we can deploy on the [Saga AI] platform,” Charli said. “Tesla is also a relationship we’ve had for a while, and as the Tesla Semi deliveries are firming up, we decided to do a larger commitment to that and deploy that on our platform.”
In its initial announcement, Einride said it anticipated taking delivery of the trucks over the next two years, but now it appears the company is expecting all 500 units within the next 16 months.
Built at a dedicated factory in Sparks, Nevada, the Tesla Semi has been perhaps the biggest and most intensive testing process the company has ever had for a single vehicle model. For the past several years, Tesla has been working with many companies, most notably Frito-Lay and PepsiCo, to gain knowledge on the performance on regional routes.
Tesla plans to launch the Semi officially on September 24, five months after production started ramping.
Additionally, drivers have said they are happy about the Semi’s performance and that its numerous safety and productivity features have made their jobs and routes much easier.
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Tesla Cybercab is using a unique strategy for picking up the correct rider, which is a crucial part of ride-hailing to ensure people end up in the right place and are charged the correct price.
Cybercab will utilize an RGB strip in its front light bar that will illuminate in a variety of different colors to mark itself.
This identifying mark will also appear in the Robotaxi app, giving riders in the same location a notable distinction in an effort to avoid any confusion regarding who should get in each vehicle.
🚨 Tesla is using different light bar colors to help riders understand which vehicle is theirs
Pretty cool strategy pic.twitter.com/eGMpEMeRpc
— TESLARATI (@Teslarati) August 27, 2026
Other ride-hailing services use similar strategies: Lyft and Uber rides are recognizable through driver identity, vehicle type and color, as well as license plate. Waymo will display the rider’s initials on top of the vehicle, letting them know that the specific vehicle for them has arrived.
Tesla’s strategy is unique and interesting, but there are some flaws. Cybercab’s main purpose is aimed toward being an autonomous ride for all, including those who have disabilities like being blind or even color blind.
Tesla will likely have something in the pipeline for those who cannot see colors or have limited vision. There will definitely be multiple ways to identify which vehicle is the one that “you” specifically ordered.
Cybercab is set to start giving public rides next Thursday, September 3, in Austin, as it announced a dedicated event last week and invited many members of the Tesla community.
Additionally, members of the public will be invited as well. Tesla has been offering employee rides in Cybercab for nearly two months.
Tesla Theater might be getting plenty more streaming platforms
Tesla Semi’s biggest adoptee gives an update on production timeline
