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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 has improved Dashcam playback with an awesome new addition, as the company has launched a web-based version that is potentially easier to navigate and operate.
The tool is available at dashcam.tesla.com and will be enabled as your vehicle receives the 2026.20 Software Version. Clips that are captured by your Tesla will be available on the Online Dashcam Clip Viewer once the files on your car’s storage drive are encrypted.
Not a Tesla App first noticed the new feature, and states that once your Tesla updates to 2026.20, the car will automatically protect the clips with an encryption key that is uniquely tied to your owner account.
Tesla Launches New Web-Based Dashcam Viewer https://t.co/AlJKXYxujJ pic.twitter.com/4igicYpvkX
— Not a Tesla App (@NotATeslaApp) June 2, 2026
The web-based viewer should be easier to operate for most. All you will do is head over to dashcam.tesla.com and log in using your account credentials.
Ensure your vehicle is updated to 2026.20 in order for the web-based viewer tool to fetch your vehicle’s saved dashcam clips.
Currently, only a small percentage of owners are updated to this, so it may be a couple of weeks until a majority of owners in the fleet are able to access this feature.
Watching Dashcam clips on the Tesla smartphone app is quick and convenient, as they can also be easily downloaded and stored right on your smartphone.
However, the clips are sometimes tougher to navigate, and in order to get details like self-driving activation, speed, and turn signals, owners have to screen record the Tesla app and crop out the rest of the screen.
It could also be a massive storage saver as you’ll be able to download the Dashcam clips from the online viewer and save them to your laptop, desktop, a flash drive, or even an external hard drive. This will keep all your clips in one place.
I recently took my Tesla Model Y running Full Self-Driving (Supervised) v14.3.3 over 150 miles on the Pennsylvania Turnpike in an effort to truly put the system under a stress test. There were a lot of good moments, and some bad, but overall, Full Self-Driving impressed me.
Last Thursday, I decided it was time to visit the Flight 93 National Memorial near Shanksville, PA. I go a few times a year, and it was a beautiful day. Others have taken some pretty lengthy drives using FSD, but I haven’t had the opportunity to really do something lengthy in quite a few months on an older version. I decided it was the perfect opportunity to try some things out.
I recorded the entire ride there on a GoPro, edited to highlight the crucial moments, and shared them on our social media accounts. If you want to watch them, I’ll share them throughout the piece, but I did not get to do a real breakdown of what I felt about its performance.
Overall Thoughts
I realize it is probably better to do a summation of its performance toward the end of the piece, but I feel like it is also reasonable to lead with this because I was overly impressed with how well it handled everything. The only moments where I felt a little bit of reason to touch the wheel, at least while traveling on the Turnpike and Rt. 30, were due to other drivers and their behaviors.
I have taken many drives to the Memorial over the past several years, and although it’s not incredibly long, it is a tiring drive. It’s about five hours both ways, close to 300 miles, and I think most of the exhaustion comes from the toll of sitting in the car and then visiting something that is pretty heavy to take in.
This was the first time I’ve ever taken the ride and not felt like I needed to avoid my vehicle after I got home. In the past, I could not even think about driving after I finally arrived at my house, but this was simply different.
It was nice to have something else take the drive for me, while I still had the freedom to take over if I chose to. It made the entire trip more enjoyable.
Full Self-Driving Recognizes Lane-Ending Arrows on Road
After traveling in the fast lane for a little while, FSD noticed the arrows on the road indicating the lane was coming to an end ahead. The car was also in the process of making a pass on a slower vehicle in the middle lane, but aborted this maneuver and backed off to get behind the vehicle.
I was really impressed by this because I thought that the car would absolutely try to make the pass, only to get in front of the other car, and then slow back down to 75 MPH:
WATCH: Tesla Full Self-Driving v14.3.3 recognizes lane-ending arrows, aborts pass of slower traffic, and gets in line https://t.co/1dxvTOw5Cn pic.twitter.com/SOpuj9ZHyP
— TESLARATI (@Teslarati) June 2, 2026
Full Self-Driving Notices Veering Tractor Trailer, Adjusts Lane Positioning
My two rules of the road are never cruise in the fast lane and never drive next to a tractor-trailer. This clip is a perfect example as to why.
FSD v14.3.3 recognized this tractor-trailer attempting to change lanes while we were still next to it. The car shifted its lane positioning to the shoulder slightly to make room for the merging semi, executed the pass safely, and on we went.
I will admit this one made me a little nervous, but more so because of the 18-wheeler, and not because of the Tesla:
WATCH: Tesla Full Self-Driving v14.3.3 notices tractor-trailer veering into lane, shifts lane positioning to create space, completes pass safely https://t.co/1dxvTOw5Cn pic.twitter.com/E35UrP79CH
— TESLARATI (@Teslarati) June 2, 2026
Full Self-Driving Follows the Rules of Tunnel Travel
Many people who are not familiar with Full Self-Driving and its capabilities are pretty limited in what they know about the really simple things it does well. Part of supervising FSD is being aware of things it might make mistakes with, and anticipating maneuvers it might want to make at the wrong time.
Entering the Blue Mountain Tunnel on the Turnpike, I was ready for FSD to attempt to get back into the right lane after making a pass on a tractor-trailer, but I was pleasantly surprised. Several signs outside the tunnel advise drivers to stay in the lane they’ve chosen while driving through the tunnel; this eliminates the possibility of an accident caused by lane changes, which would impede traffic on a crucial logistics route.
I was happy to see that Tesla Full Self-Driving v14.3.3 did not make this mistake:
WATCH: Tesla Full Self-Driving follows rules of tunnel travel, recognizes double lines, and does not change lanes https://t.co/1dxvTOw5Cn pic.twitter.com/L6eEP5bCE9
— TESLARATI (@Teslarati) June 2, 2026
Full Self-Driving Navigates Toll Plazas with Ease
I was interested to see how FSD would handle toll plazas, including the speed at which it would travel through them, and whether it would stop on the Turnpike at these booths, which have since been transitioned to a “Toll by Plate” system, which mails you a bill.
It was flawless:
WATCH: Tesla Full Self-Driving v14.3.3 seamlessly handles toll plaza, smoothly merges back onto Turnpike https://t.co/1dxvTOw5Cn pic.twitter.com/XmwY7rkj9J
— TESLARATI (@Teslarati) June 2, 2026
Full Self-Driving Still Struggles with Parking from Time to Time
Since I took delivery in late August, I’ve never had a single instance of my Tesla struggling to park at a Supercharger. Other spots at the mall, market, or gym are another story.
This was the first time it did such a terrible job of backing into a spot. This required me to take over and manually park at another charger:
Tesla Full Self-Driving v14.3.3 had trouble backing into the Fort Littleton, PA Supercharger, even though it was the only vehicle there.
This required manual parking. https://t.co/1dxvTOw5Cn pic.twitter.com/7xgqH2Z0ye
— TESLARATI (@Teslarati) June 2, 2026
Full Self-Driving Gets Confused After Arriving at Its Destination
This was the first time I have ever experienced FSD getting confused and just circling the lot. The navigation continued to reroute to try to resolve the issue, but after four laps, I decided it was time to overtake the car’s controls and park manually:
Experienced the same thing a few days ago
I think one of the big features a lot of people would appreciate is parking preferences or spot selection https://t.co/RCVwUOMxoY pic.twitter.com/U9f1wW2np9
— TESLARATI (@Teslarati) May 31, 2026
This was a baffling behavior that I truly couldn’t explain. Other owners communicated that they have also experienced this issue.
Final Thoughts
I am so incredibly impressed by FSD that it has really made traveling stress-free. The two issues related to parking were not ideal, but to be fair, I usually take over when arriving at parking lots. However, this shortcoming is something Tesla has to make some serious progress with, because parking has truly stumped FSD at times.
Solving that will be a major breakthrough for autonomy, but Tesla has struggled with it for some time.
All in all, FSD v14.3.3 is unbelievably accurate and handles many of the more stressful maneuvers with ease, one of them being avoiding merging traffic on highways, which was shown above.
Some things that would be great to see improvements on are parking, Speed Profiles, which are relatively tough to adjust (I stayed in Standard for the duration of this drive), and, of course, navigation.
Elon Musk
SpaceX’s amended S-1 is sparking a major Tesla merger conversation
A single line in SpaceX’s amended S-1 just sent Tesla stock down 5% in one day.
A single line buried in SpaceX’s amended S-1 filing is doing more to move Tesla’s stock price than anything Tesla itself has announced in months. The clause, disclosed as SpaceX prepares for what could be the largest IPO in Wall Street history, states that the company “may issue a significant amount of equity in connection with future transactions.” While this may be seen as boilerplate language in S-1 filings, the historical ties between SpaceX and Tesla, and with Elon Musk reportedly discussing a possible merger with close colleagues, investors are interpreting it as something closer to a signal.
The concern among institutional investors like Gary Black, managing director of The Future Fund, pointed directly to the amended filing on X, saying it “strongly suggests more SPCX equity will be issued,” which could potentially be used to acquire Tesla. He estimated such a deal could be 28% dilutive to Tesla shareholders since SpaceX would likely command a significantly higher valuation multiple. Black added that institutional investors he knows hate the idea of a combination because they prefer pure plays over conglomerates, which he said “nearly always gravitate to the lowest common multiple.”
The Tesla and SpaceX merger everyone is talking about is quietly building
The bull case runs the math differently. Tesla influencer and retail shareholder advocate AleXandra Merz pushed back on what she called a widespread misunderstanding of how merger-of-equals deals actually work. Rather than simply splitting the difference between two market caps, a merger exchange ratio is negotiated based on relative fair market values, meaning the lower valued company typically sees its stock reprice upward toward the deal value.
Under her model, SpaceX enters at a $2.5 trillion valuation and Tesla at $1.6 trillion, producing a combined entity worth $4.1 trillion split evenly between both shareholder groups. That implies Tesla’s side of the deal would be valued at $2.05 trillion, a gain of roughly $450 billion from its current market cap. She cited Dow-DuPont and CBS-Viacom as historical examples of how markets reprice both companies toward the announced exchange ratio after a deal is unveiled.
What does a Merger of Equals mean to Elon’s compensation packages?
Well, it changes everything.
Enjoy https://t.co/uekCldyITw pic.twitter.com/kolq1C9qTu
— AleXandra Merz 🇺🇲 (@TeslaBoomerMama) June 1, 2026
The SpaceX S-1 amendments also revealed just how much financial infrastructure already binds the two companies together. As Teslarati has reported, SpaceX purchased $697 million in Tesla Megapacks, $131 million in Cybertrucks, and the two companies have shared supply chain resources, and semiconductor fabrication plans since well before any merger conversation became public. A retail poll by Tesla influencer Sawyer Merritt is finding that 36% of respondents do not plan to buy SpaceX shares at IPO and 15.3% saying their decision depends on the valuation.
Do you plan on buying @SpaceX stock at its IPO?
— Sawyer Merritt (@SawyerMerritt) June 1, 2026
Whether the merger happens or not, the amended filing is seemingly moving markets and sharpened a debate that is no longer theoretical. SpaceX is weeks away from trading publicly, and Tesla shareholders are now watching every word of every filing for clues about what Musk plans to do next.
Tesla improves Dashcam playback with awesome addition
Tesla Full Self-Driving attempts 150-mile stress test: the good and the bad
