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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 has updated its target for the thirteenth integrated flight test of Starship, aiming for as early as Thursday, July 23. The 90-minute launch window opens at 5:45 p.m. CT from the company’s Starbase facility in South Texas.
The target flight was initially rescheduled for today, but SpaceX pushed it back again.
This latest adjustment follows an aborted attempt earlier in the week and reflects the iterative, rapid-development approach that has defined the Starship program. With the vehicle already stacked and ground teams making final preparations, the mission represents another step toward proving the full reusability of the world’s most powerful rocket system.
Now targeting to launch Starship’s thirteenth flight test as early as Thursday, July 23 → https://t.co/Rp7VwBzpWx pic.twitter.com/Y0YNzfc5zk
— SpaceX (@SpaceX) July 19, 2026
The original launch attempt on July 16 was scrubbed at T-0 when several Raptor engines on the Super Heavy booster failed to ignite properly. The automatic abort system triggered just as the engines began their startup sequence, preventing liftoff.
SpaceX CEO Elon Musk confirmed that some engines did not start as expected, prompting the decision to replace two Raptors on Booster 20 to ensure reliability. The issue occurred despite a successful full-duration static fire earlier, highlighting the complexities of coordinating 33 engines under flight conditions.
This cautious approach underscores SpaceX’s commitment to safety amid an aggressive test cadence.
Flight 13 builds directly on the lessons from Flight 12 in May 2026. The Super Heavy booster’s primary goals include a successful liftoff, ascent, stage separation, boostback burn, and controlled splashdown in the Gulf of America.
Hardware and software modifications address the off-nominal flip and boostback burn problems from the prior flight, where propellant slosh and engine relight issues led to an uncontrolled impact.
For the Starship upper stage, objectives include deploying 20 operational Starlink V3 satellites, the first real payload of this type, performing a single Raptor engine relight in space, and executing a controlled entry, descent, and splashdown in the Indian Ocean. Propulsion upgrades aim to improve engine-out capability after one vacuum Raptor was lost on Flight 12.
Additional test elements focus on heat shield performance. Six satellites carry cameras to image the tiles during flight, while white-painted tiles and upgraded attachments on flaps and the aft skirt will gather data for future reusability.
The FAA completed its mishap investigation into Flight 12 earlier this month, clearing the regulatory path.
This suborbital mission, the second with V3 vehicles, advances Starship toward operational missions, including potential crewed flights and support for NASA’s Artemis program. Success would mark significant progress in rapid reusability and satellite deployment from the massive system.
Elon Musk dismissed reports claiming SpaceX had placed a massive order for NVIDIA GPUs worth $52 billion. The denial came hours after Taiwanese media, citing unnamed industry sources, reported that SpaceX planned to acquire approximately 13,000 AI server racks, equating to roughly 1 million GB300 GPUs, from Foxconn.
Each rack was estimated at around $4 million, with deliveries potentially starting in late 2025.
The story suggested this would mark SpaceX’s first major foray into Foxconn-manufactured NVIDIA hardware, breaking from suppliers like Supermicro and Dell. Musk responded bluntly on X:
This is fake news
— Elon Musk (@elonmusk) July 20, 2026
Despite the denial, the rumored scale aligns with SpaceX’s explosive growth in AI infrastructure. NVIDIA’s GB300 (successor to the GB200 NVL) racks deliver unprecedented performance for large-scale training and inference. A $52 billion commitment would dwarf most corporate AI budgets and provide the compute muscle needed for frontier models.
SpaceX already operates gigawatt-scale terrestrial clusters like Colossus in Memphis, Tennessee, and has monetized them aggressively through leasing deals.
SpaceX’s newest Starmind will make earth data centers obsolete
Major customers include Anthropic (paying ~$1.25 billion monthly for 220,000+ GPUs), Google (~$920 million monthly for 110,000 GPUs), and Reflection AI. These arrangements are projected to generate tens of billions in annual revenue, far outpacing traditional SpaceX businesses.
Such an investment would fuel internal AI efforts, particularly Grok models under the integrated SpaceXAI division, while supporting ambitious orbital data center plans. SpaceX envisions launching thousands of AI-optimized satellites powered by solar energy and cooled in space, bypassing terrestrial power and land constraints.
This “Starmind” constellation could position the company as a leader in space-based computing.
SpaceX as an Emerging AI Powerhouse
Once primarily known for reusable rockets and Starlink satellite internet, SpaceX has transformed into a multifaceted AI player.
The 2026 acquisition of xAI integrated Grok development directly into the company. Starlink’s low-latency global network complements massive compute clusters, enabling efficient data flow for training and serving AI models.
Musk has long argued that AI scaling demands solutions beyond Earth, citing things like real estate and electricity limits on the ground.
While the Foxconn deal may not be in the cards, SpaceX’s trajectory is continuing on the path of blending aerospace engineering with hyperscale AI to dominate both launches and intelligence infrastructure.
Elon Musk shed more details on the upcoming improvements to Tesla’s Full Self-Driving suite, specifically one that the CEO mentioned last week, which should help owners see fewer interventions.
Last week, Musk hinted that one major improvement that Tesla planned to roll out to Full Self-Driving users was the car’s ability “to remember your specific interventions and match each person’s individual preferences.”
Elon Musk says your Tesla will start to learn your individual preferences
This small bit of detail was linked to a post from Tesla community member Whole Mars, who said that FSD’s tendency to exit the carpool lane, a feature that owners can turn on but at times the car will disregard.
It sounds like, based on Musk’s two responses since that original post, it is safe to say the things FSD will start to remember are wide-ranging. However, it seems the biggest differences will be noticed with parking performance, which Musk continues to mention.
Highway Lane Preferences
The initial post Musk mentioned, with these new remembered preferences soon to arrive for Tesla owners everywhere, was the Carpool/Express Lane.
Tesla has a setting in the FSD menu that lets drivers enable HOV Lane travel. However, the car won’t always stay in that suggested or preferred lane.
The car will start to remember your specific interventions and match each person’s individual preferences
— Elon Musk (@elonmusk) July 18, 2026
Some owners have also complained of left lane camping, an illegal maneuver in at least some states. Cruising in the passing lane has resulted in tickets for some, as it is illegal in over 30 states in the U.S.
Tesla did not confirm if these preferences would also be included in new FSD behaviors, but it would certainly help move the company toward fewer interventions.
Parking Preferences
This seems to be the real focus of the entire operation, as Musk stated several weeks ago that parking was overwhelmingly the most frequent reason for interventions.
The major issue with parking is not necessarily the parking “performance,” as FSD is generally good at parking. It definitely has its issues; we’ve recorded plenty of them, including this one as recent as last week:
Yeah it seems like FSD v14.3.5 is having some issues with parking early on https://t.co/Bw5ULfVmDq pic.twitter.com/RHdpjOEpIo
— TESLARATI (@Teslarati) July 13, 2026
However, the changes coming are more about preferences, meaning where you park and how your car enters the spot, either pulling in or backing in. Owners have also reported that pulling into the correct driveway is a relatively rare thing for FSD, something else that needs to be confronted.
Musk basically confirmed that all of these things would be part of Tesla’s plan to address driver preferences with FSD:
Yes
— Elon Musk (@elonmusk) July 20, 2026
It’s obvious there is something big coming with FSD, and the company’s focus seems to be eliminating any intervention that would be related to preferences. This is probably the biggest bottleneck between Tesla and being fully autonomous. Critical interventions do occur, but they are much less frequent.
The only time a driver should be taking over is because of a critical intervention; this seems to be the goal of Tesla right now.
This all seems to be a priority as Tesla continues to move closer to the prospect of unsupervised driving.
SpaceX adjusts Starship Flight 13 test launch target date once again
Elon Musk debunks $52 billion SpaceX-NVIDIA GPU deal
