News
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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Elon Musk
Tesla’s next-gen Optimus prototype with Grok revealed
The video shows a new Optimus prototype answering questions and taking some very robotic steps, evidently revealing that the next-generation version is in its early stages of development.
Tesla’s next-generation Optimus robot with AI assistant Grok has been revealed in a new video shared on X.
Tesla CEO Elon Musk was with Salesforce CEO Marc Benioff last night, and it appears the frontman gave Benioff an exclusive look at some upcoming technology.
Tesla talks Semi ramp, Optimus, Robotaxi rollout, FSD with Wall Street firm
The video shows a new Optimus prototype answering questions and taking some very robotic steps, evidently revealing that the next-generation version is in its early stages of development. It features Grok for some additional utility, as it answered questions Benioff asked in the short video.
Here’s what was uploaded to X:
Crazy look at Tesla Optimus from Salesforce CEO Marc Benioff, who was hanging out with Elon Musk yesterday!
Love this gold color on you @Tesla_Optimus https://t.co/NGgDqVVf1g pic.twitter.com/q8286aBNKy
— TESLARATI (@Teslarati) September 3, 2025
It appears that there are several big changes to this next-generation version of Optimus, some of which have been discussed by Musk and Tesla in the past.
The first is purely cosmetic, but the gold color that Optimus is wearing in this is a new and fresh look that we have not seen before.
Perhaps the most interesting change that is evident here is the hands, which are much more detailed than past versions of Optimus:
However, we’re not too sure that these are what will be released with the next-gen Optimus, because they don’t appear to be functional, and they are more reminiscent of mannequin hands than anything.
The hands on Optimus have been a significant part of the program, as they are among the most crucial pieces of equipment on a robot. It needs to be able to perform both delicate and more imposing tasks. Tesla has aimed for Optimus to be able to thread needles or play the piano.
It was one of the most discussed improvements the company mentioned in past comments regarding how it planned to improve from Gen 2 to this next version.
Musk mentioned regarding Optimus:
“Next-generation Optimus hand, which we have in prototype form, has actuators that have moved to the forearm, just like humans, and they operate the fingers through cables, just like human hands.”
Within Optimus lies a significant opportunity for Tesla to gain considerable strength in terms of market share and valuation.
If Tesla can efficiently develop and deploy the humanoid robot over the next several years, the company stands to gain, as companies will utilize it for tasks that require tedious labor.
Musk recently said Optimus will be a major contributor to Tesla’s valuation moving forward. He believes it will make up roughly 80 percent of the company’s value.
Elon Musk
Tesla CEO Elon Musk to provide more details for Master Plan Part IV
Musk stated that he would be adding specifics to the plan in a later update.
Tesla CEO Elon Musk will be adding more specifics to the recently-released Master Plan Part IV. Musk shared the update on social media platform X amidst conversations about the general nature of the Master Plan Part IV.
In a conversation on X, Musk responded to a post from Tesla retail shareholder and bull Dave Lee, who observed that the currently released Master Plan Part IV could really just be the introduction to the real plan due to its absence of specifics.
Elon Musk responded, stating that he would be adding specifics to the plan in a later update. “Fair enough. Will add more specifics,” Musk wrote in his post.
Tesla has been following Elon Musk’s Master Plans for decades. The first Master Plan, released in 2006, outlined the company’s path from the original Tesla Roadster to the Model 3, as well as the first steps for Tesla Energy. Master Plan Part Deux, released in 2016, covered the ramp of Tesla Energy, the expansion of Tesla’s vehicle lineup, and the rollout of a Robotaxi service.
Master Plan Part 3 was more ambitious as it was generally an in-depth proposal for achieving a global sustainable entry economy by transitioning to electricity-powered vehicles, homes, and industry, which will, in turn, be powered by renewable energy sources like solar and wind. Master Plan Part 3 also included a five-step plan to accomplish this, allowing the world to transition to a fully electrified future.
Master Plan Part IV, which was released a few days ago, focused on automation and artificial intelligence to achieve sustainable abundance. But while the first two Master Plans were very clear and specific and Master Plan Part 3 was very in-depth, Master Plan Part IV was quite general and vague in comparison. It was easy to tell that Optimus would play a big role in the pursuit of sustainable abundance, but apart from that, there were no specifics as to how Tesla intended to achieve its goals.
Fortunately, these specifics would be discussed by Musk in a later update to the plan.
News
Tesla just had its best wholesale month this year in China
Tesla China’s wholesale figures include both vehicles that are sold domestically and exported abroad.
Tesla China just had its best wholesale month this 2025 so far. In August, the electric vehicle maker sold 83,192 vehicles wholesale, a 22.55% increase compared to July 2025’s 67,886 units.
Tesla China’s wholesale figures are still down year-over-year, but the company’s momentum seems notable, especially with the arrival of the Model Y L.
August 2025 figures
As noted in a CNEV Post report, August 2025’s 83,192 wholesale figures are 4.04% less than the 86,697 units that were sold in the same period last year. It is, however, a 22.55% improvement from the previous month. From January to August, Tesla China sold 515,552 units wholesale, a 12.24% year-over-year decrease.
It should be noted that Tesla China’s wholesale figures include both vehicles that are sold domestically and exported abroad. With this in mind, August’s results bode well for Tesla China, as it suggests that Gigafactory Shanghai is now hitting its pace with both its domestic deliveries and its exports. Giga Shanghai serves as Tesla’s primary vehicle export hub.
Model Y L factor
Tesla had a challenging first quarter this year, thanks in part to the changeover to the Model Y across the Fremont factory, Giga Texas, Giga Shanghai, and Giga Berlin-Brandenburg. This changeover resulted in low sales in the first quarter. Political controversies surrounding Elon Musk and violence against Tesla stores and vehicles in the first and second quarters in the United States and Europe did not help much either.
This Q3, however, Tesla seems to be hitting its stride, especially in China. The launch of the new Model Y L has allowed Tesla to compete in the six-seat, large SUV segment, a market that was previously closed to the standard Model Y. Reports have suggested that Tesla China has been seeing a lot of demand for the Model Y L, which should help the company achieve higher sales this quarter and the remaining months of the year.
Tesla’s next-gen Optimus prototype with Grok revealed
Tesla CEO Elon Musk to provide more details for Master Plan Part IV
Tesla just had its best wholesale month this year in China
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