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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.”
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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.”
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“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.”
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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 is one of several automakers whose vehicles qualify for an awesome new first-time EV buyer incentive program in California.
The Golden State launched the MyFirstEV incentive program, which helps those buying an electric vehicle for the first time with a $3,500 incentive on new-inventory purchases of a Model 3 or Model Y.
First-time electric vehicle buyers in California can now get $3,500 off eligible Model 3 and Model Y new inventory vehicle purchases.
To be eligible, you must place your order on or after August 3, 2026 and take delivery while funds are still available. The incentive applies to… pic.twitter.com/yuXF00XA50
— Sawyer Merritt (@SawyerMerritt) August 4, 2026
The incentive requires an order on or after August 3, and delivery must be taken while the program is still being funded. California has set aside $135.5 million to help strengthen its SEV market and support automotive innovation.
Incentives are offered at the point of sale, and used EVs are also available for a partial incentive of $1,750. Half of the $3,500 and $1,750 incentive amounts are covered by California, with the other half being covered by participating OEMs.
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Additionally, rules apply for MSRP and how the vehicle will qualify for the incentive. Any vehicle from a non-California headquartered OEM must have an MSRP of $50,000 or less. Used vehicles must be priced at $25,000 or less and must be at least two model years older than the year of purchase.
The cars must also be purchased from manufacturers as certified pre-owned vehicles. Private dealerships are not eligible.
In total, California expects to incentivize over 73,000 ZEVs.
Participating Manufacturers
Fourteen total automakers are participating in California’s MyFirstEV program:
- Chevrolet – Launching August 2026
- Ford – Launching August 2026
- Honda – Launching September 2026
- Hyundai – Launching August 2026
- Kia – Launching August 2026
- Lexus – Launching September 2026
- Lucid – Launching August 2026
- Mitsubishi – Launching November 2026
- Nissan – Coming Soon
- Rivian – Coming Soon
- Subaru – Launching September 2026
- Tesla – Launching August 2026
- Toyota – Launching September 2026
- Volvo – Coming Soon
Elon Musk’s space exploration company, SpaceX (NASDAQ: SPCX), is set to report its earnings for the second quarter today in what will be its first-ever earnings call since going public in July.
SpaceX is trading down roughly 25 percent from its IPO. These early stock signals are usually a bit tumultuous, and considering this is the first company actively launching rockets that is available on the stock exchange, investors might have a tendency to be a bit skittish.
However, there are going to be some details that investors will hear for the first time today on the earnings call. Here’s what to look for:
Wall Street Expectations
Revenue is expected to fall somewhere around $6.8 billion, and will be heavily driven by Starlink, which is SpaceX’s widely popular satellite internet platform that has been adopted by numerous airlines, cruise ships, and other maritime operations. It is also available for consumers at home or in their cars.
Earnings Per Share (EPS) expectations fall at a net loss of $0.23 per share. Wall Street sees this as a total net loss of roughly $1.9 billion.
EBITDA is expected to come in between $2 billion and $2.1 billion.
What Investors Want to Know
Tesla uses the Say platform to help work with both retail and institutional investors to answer relevant and quality questions that address concerns or questions that they might have.
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However, SpaceX is doing things differently, as the company launched its own Investor Relations website where these questions are being fielded. Just like the Tesla questions, they seem to be less focused on the operational tasks and overall progress of the company, and more novelty.
Here are the top five:
- Has the team thought about what possibilities there are with your mascot Asteroid? Whether it’s starting additional foundations for kids in its name, helping kids learn about space, etc. Kids are our future, and Asteroid would be a fun and easy way to help.
- Baby Asteroid is already making a difference through charity around the world. Could SpaceX take it even further with programs that inspire kids to explore space?
- SpaceX has some legendary vehicle names. Would you ever allow the public to name a Starship, even knowing there is a 99% chance it becomes Shipy McShipface?
- When can we expect to see more footage of the Human Landing System?
- Will Asteroid (your mascot) go to Mars?
SpaceX will report its earnings today, August 4, at 4:30 P.M. EDT.
Lemonade has expanded its innovative Autonomous Car insurance program to Tennessee, giving Tesla owners in the state a substantial discount on Full Self-Driving (FSD) miles. Announced on August 3, the product offers 50 percent off every mile driven with FSD activated, positioning the digital insurer as a leader in pricing insurance around autonomous technology.
The program, marketed as Lemonade Autonomous Car insurance, uses a direct connection via Tesla’s Fleet API (with customer permission) to automatically distinguish FSD-engaged miles from manual driving. Policyholders pay a low base rate when the vehicle is stationary and a few cents per mile when moving, with the 50 percent reduction applied specifically to FSD miles.
If you’re driving a Tesla in Tennessee, FSD miles now cost 50% less to insure with Lemonade. Autonomous Car is now live in TN.https://t.co/4CDTuhyORi pic.twitter.com/QZk4LBIs6f
— Lemonade (@Lemonade_Inc) August 3, 2026
Coverage includes standard protections such as liability, collision, comprehensive, roadside assistance, and Tesla-specific benefits like access to certified repair shops and emergency crash services. Eligible vehicles require Hardware 4, as well as recent firmware.
Lemonade first unveiled the product on January 21 of this year, describing it as a first-of-its-kind offering designed for self-driving cars, starting with Tesla FSD. It began rolling out in Arizona on January 26, followed by Oregon about a month later. Subsequent expansions brought it to Indiana in early June 2026 and Colorado later that month.
Tennessee marks the fifth state.
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Tesla Full Self-Driving gets outrageous insurance offer with insanely cheap rates
The discount rests on Lemonade’s strong belief in the safety of Tesla’s FSD system. The company cites Tesla’s data showing that FSD-driven miles are twice as safe as those driven manually, or associated with roughly a 50 percent crash reduction.
Lemonade Co-founder and President Shai Wininger has emphasized this distinction: “Traditional insurers treat a Tesla like any other car, and AI like any other driver. But a car that sees 360 degrees, never gets drowsy, and reacts in milliseconds can’t be compared to a human.”
He added that “Teslas driven with FSD are involved in far fewer accidents” and committed that as FSD software improves and becomes safer, Lemonade’s prices will drop further.
Tesla Full Self-Driving gets an offer to be insured for ‘almost free’
This approach leverages Lemonade’s existing pay-per-mile technology and AI-driven risk models, which analyze nuanced vehicle data including software version and sensor performance. The company expects the model to reward higher FSD usage with greater savings while supporting mixed households that include both Tesla and non-Tesla vehicles under one policy. Bundling with home, renters, or pet insurance can yield additional discounts.
As autonomous driving technology advances, Lemonade’s state-by-state expansion of usage-based pricing that directly reflects real-world safety data represents a notable shift in how insurers evaluate risk.
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Tesla owners in the five available states – Arizona, Oregon, Indiana, Colorado, and now Tennessee – can obtain quotes quickly through the Lemonade app or website, potentially lowering the overall cost of ownership for vehicles equipped with advanced driver-assistance systems. Further states are expected as regulatory approvals progress.
Tesla qualifies for awesome new first-time EV buyer incentive in California
SpaceX to report first-ever earnings today: here’s what to expect
