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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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SpaceX CEO Elon Musk announced today that the company will likely attempt to catch the Starship upper stage with its launch tower arms “in a few months.”
In a post on X, Musk wrote, “Looks like we will probably catch the ship with the tower in a few months. If there had been a tower out to sea where we practiced landing the ship, it would have been caught.” He added that the first reflight of a Starship vehicle is expected by the end of 2026 or early 2027, describing it as “a fork in the road of history for consciousness reaching the stars.”
Looks like we will probably catch the ship with the tower in a few months. If there had been a tower out to sea where we practiced landing the ship, it would have been caught.
First reflight of the ship will be either end of this year or early next. That will be a fork in the… https://t.co/O5g9pqrzyo
— Elon Musk (@elonmusk) August 20, 2026
Musk’s prediction comes amid ongoing progress toward full reusability of the Starship system, a two-stage rocket designed for rapid turnaround and dramatically lower launch costs. Catching the upper stage, known simply as “ship,” with the Mechazilla tower’s mechanical arms would mark a major milestone. It would allow both stages to return directly to the launch site for quick refurbishment and reuse, eliminating the need for ocean recovery.
Musk has previously signaled plans for a ship catch. In July, shortly after SpaceX’s wildly successful Starship 13 mission, he stated that the company would attempt to catch the ship with the tower on the next flight unless problems emerged in the mission data review. Earlier comments also outline conditions such as successful soft ocean landings before attempting a land recovery to minimize risk.
SpaceX has solved Starship’s biggest challenge, Elon Musk says
The latest update from Musk adjusts this timeline to a few months, reflecting the iterative nature of the test campaign.
SpaceX has already demonstrated the tower catch technique successfully with the Super Heavy booster on a couple of occasions. The first successful booster catch occurred during Flight 5 in October 2024, when the massive first stage returned to the Starbase pad in Texas and was plucked from the air by the tower arms.
Additional catches followed on later flights, including Flight 7, proving the concept for the booster and building confidence in the system as a whole.
Achieving a similar catch for the upper stage would represent a significant step forward. The ship returns from much higher speeds and greater heat loads after orbital or near-orbital flight. Success would advance SpaceX’s goal of full and rapid reusability, potentially reducing the cost of access to orbit by a factor of 100 or more and supporting ambitions for frequent satellite deployments, lunar missions, and eventual Mars flights.
Musk has long emphasized that true reusability, refueling rather than discarding hardware, is essential for making humanity a multi-planetary species.
As SpaceX continues refining Starship through successive test flights, the coming months will test whether the ambitious catch timeline can be met. The combination of prior booster successes and improving ship landing precision suggests the company is steadily closing in on this historic capability.
SpaceX has achieved an incredible milestone by launching its 11,000th Starlink satellite into orbit.
This accomplishment occurred during the Starlink Group 17-50 mission, which lifted off on August 19 at 04:01 UTC from Space Launch Complex 4 East at Vandenberg Space Force Base in California.
Falcon 9 launches 24 @Starlink satellites from California pic.twitter.com/UscpmAxDls
— SpaceX (@SpaceX) August 19, 2026
A Falcon 9 rocket carried 24 Starlink V2 Mini satellites on this flight, successfully deploying them into low Earth orbit approximately one hour after liftoff. The first stage booster, identified as B1097 on its twelfth flight, landed successfully on the droneship Of Course I Still Love You in the Pacific Ocean.
According to tracking data compiled around that date, this deployment brought the total number of Starlink satellites in orbit to just over 11,000.
The Starlink program began with test satellites known as Tintin A and B, launched on February 22, 2018. The first operational batch of 60 Starlink satellites followed on May 24, 2019, when a Falcon 9 rocket lifted off from Cape Canaveral. Those initial satellites marked the start of a rapid expansion that has continued for more than seven years.
SpaceX has conducted hundreds of dedicated Starlink missions since then, routinely launching batches of 20 to 30 satellites at a time using reusable Falcon 9 rockets. By mid-2026, the company had already surpassed 12,000 total satellites launched across all versions, with continuous replacements for units that deorbit as designed to manage space debris.
Looking ahead, SpaceX continues to expand the Starlink constellation to enhance global broadband coverage, capacity, and speed. The network already serves millions of users across more than 160 countries and supports applications ranging from residential internet to maritime, aviation, and emergency services.
Future plans center on next-generation hardware, including larger V3 satellites capable of delivering substantially higher throughput, which require the increased payload capacity of the Starship vehicle currently under development and testing.
In July, SpaceX submitted an application to the Federal Communications Commission seeking authority for a Gen3 constellation of up to 100,000 satellites. These spacecraft would operate in very low Earth orbit shells at altitudes near 325 kilometers and 475 kilometers. The filing requests use of existing Ku, Ka, V, and E band spectrum along with new greenfield W and D band frequencies between 92 and 275 GHz.
SpaceX states that the expanded system aims to deliver multi-gigabit symmetrical broadband to consumers, enterprises, governments, and billions of AI-powered devices worldwide while handling a majority of global internet traffic. Approval and subsequent deployment would depend on regulatory review and the operational readiness of Starship for high-volume launches.
This ambitious scale reflects SpaceX’s ongoing commitment to providing ubiquitous high-speed connectivity from space.
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Tesla has opened a new sweepstakes to allow the public to be among the first to take an initial ride in a Cybercab. This all-electric, steering-wheel-less, pedal-less vehicle is the centerpiece of the company’s autonomous ride-hailing platform, Robotaxi.
There are two ways Tesla fans can get to Austin to take part in the first public rides of the Cybercab: by riding on the Robotaxi platform by August 23, or by mailing a very specific entry to their Headquarters at Gigafactory Texas.
Tesla announced the latter portion of the sweepstakes last night:
🚨 Want to win a trip to Austin to ride in one of the first Cybercab rides ever?
Here’s how:
Tesla has opened up a new sweepstakes to ride in a Cybercab upon its public launch. Here’s the details.
There are two methods of entry into the sweepstakes, and they are as follows:… pic.twitter.com/iJRd4evuWo
— TESLARATI (@Teslarati) August 19, 2026
Tesla will give one entry into the sweepstakes if you mail a 3″ by 5″ piece of paper with your full name, mailing address, telephone number, email address, and date of birth to their address:
Tesla, Robotaxi Sweeps Event
1 Tesla Road,
Austin, TX 78725
There is a limit of one entry per stamped envelope. You can send as many as you’d like, but they must be in separate envelopes.
The company’s unique strategy to give people the opportunity to ride in a Cybercab before pretty much anyone else outside of the company is a hilarious but spot-on representation of how Tesla operates. In classic fashion, they had the perfect response to the event:
— Tesla (@Tesla) August 19, 2026
Cybercab will launch later this month, it appears, especially as it plans to announce the winners of the sweepstakes on August 25. The car has already been operating internally, as employees have been able to utilize the Cybercab for rides in some capacity, something it announced earlier this month.
Tesla weirdly confirms Cybercab employee rides, a huge milestone
Moving forward, the big goal is to get Cybercab out on the roads and integrated into the public Robotaxi fleet, one that will pick up real-world ride-hailers and give them a ride from Point A to Point B.
No matter which way you cut it, it appears Tesla is close to putting a vehicle with no steering wheel and no pedals on the road to help people travel autonomously.
You can ride along with us in our first Cybercab ride from the We, Robot event in October 2024. The video is embedded below:
🎥: Our FULL first ride in the @Tesla Cybercab pic.twitter.com/6gR7OgKRCz
— TESLARATI (@Teslarati) October 11, 2024
Elon Musk gives a timeline for SpaceX’s first Starship catch attempt
SpaceX achieves incredible milestone with Starlink program
