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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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Elon Musk
Tesla Semi’s official battery capacity leaked by California regulators
A California regulatory filing just confirmed the exact battery size inside each Tesla Semi variant.
A regulatory filing published by the California Air Resources Board in April 2026 has put official numbers on what Tesla Semi owners and fleet buyers have long wanted confirmed: the exact battery capacities of both the Long Range and Standard Range Semi truck variants. CARB is California’s independent air quality regulator, and it certifies zero-emission powertrains before they can be sold or operated in the state. When a manufacturer submits a vehicle for certification, the resulting executive order becomes a public document, making it one of the most reliable sources for confirmed production specs on any EV.
The document lists two certified powertrain configurations. The Long Range Semi carries a usable battery capacity of 822 kWh, while the Standard Range version comes in at 548 kWh. Both use lithium-ion NCMA chemistry and share the same peak and steady-state motor output ratings of 800 kW and 525 kW respectively. Cross-referencing Tesla’s published efficiency figure of approximately 1.7 kWh per mile under full load, the 822 kWh pack supports roughly 480 miles of real-world range, which aligns closely with Tesla’s advertised 500-mile figure for the Long Range trim. The 548 kWh Standard Range pack works out to approximately 320 miles, again consistent with Tesla’s stated 325-mile target.
Here is a direct comparison of the two versions based on the CARB filing and published specs:
| Tesla Semi Spec | Long Range | Standard Range |
| Battery Capacity | 822 kWh | 548 kWh |
| Battery Chemistry | NCMA Li-Ion | NCMA Li-Ion |
| Peak Motor Power | 800 kW | 525 kW |
| Estimated Range | ~500 miles | ~325 miles |
| Efficiency | ~1.7 kWh/mile | ~1.7 kWh/mile |
| Est. Price | ~$290,000 | ~$260,000 |
| GVW Rating | 82,000 lbs | 82,000 lbs |
The timing of this certification is not incidental. On April 29, 2026, Semi Programme Director Dan Priestley confirmed on X that high-volume production is now ramping at Tesla’s dedicated 1.7-million-square-foot facility in Sparks, Nevada. A key advantage of the Nevada location is vertical integration: the 4680 battery cells powering the Semi are manufactured in the same complex, eliminating the supply chain bottleneck that had delayed the program for years.
Tesla’s long-term goal is to reach a production capacity of 50,000 trucks annually at the Nevada factory, which would represent roughly 20 percent of the entire North American Class 8 market. With CARB certification now in hand and the production line running, the regulatory and manufacturing groundwork for that target is in place.
Tesla became the first company to pass the United States government’s new Advanced Driver Assistance Systems (ADAS) testing with the Model Y, completing each of the new tests with a passing performance.
In a landmark announcement on May 7, the National Highway Traffic Safety Administration (NHTSA) declared the 2026 Tesla Model Y the first vehicle to pass its newly ADAS benchmark under the New Car Assessment Program (NCAP).
Model Y vehicles manufactured on or after November 12, 2025, met rigorous pass/fail criteria for four newly added tests—pedestrian automatic emergency braking, lane keeping assistance, blind spot warning, and blind spot intervention—while also satisfying the program’s original four ADAS requirements: forward collision warning, crash imminent braking, dynamic brake support, and lane departure warning.
The NHTSA has just officially announced that the 2026 @Tesla Model Y is the first vehicle model to pass the agency’s new advanced driver assistance system tests.
2026 Tesla Model Y vehicles, manufactured on or after Nov. 12, 2025, successfully met the new criteria for four… pic.twitter.com/as8x1OsSL5
— Sawyer Merritt (@SawyerMerritt) May 7, 2026
NHTSA administration Jonathan Morrison hailed the achievement as a milestone:
“Today’s announcement marks a significant step forward in our efforts to provide consumers with the most comprehensive safety ratings ever. By successfully passing these new tests, the 2026 Tesla Model Y demonstrates the lifesaving potential of driver assistance technologies and sets a high bar for the industry. We hope to see many more manufacturers develop vehicles that can meet these requirements.”
The updates to NCAP, finalized in late 2024 and effective for 2026 models, reflect growing recognition that ADAS features are no longer optional luxuries but essential tools for preventing crashes.
Pedestrian automatic emergency braking, for instance, targets one of the fastest-rising causes of roadway fatalities, while blind spot intervention and lane keeping assistance address common sources of side-swipes and run-off-road incidents. By incorporating objective, performance-based evaluations rather than mere presence of the technology, NHTSA aims to give buyers clearer data on real-world effectiveness.
This milestone arrives at a pivotal moment when vehicle autonomy is transitioning from science fiction to everyday reality.
Tesla’s Full Self-Driving (FSD) software and the impending rollout of robotaxis underscore a broader industry shift toward higher levels of automation. Yet regulators and consumers remain cautious: safety data must keep pace with technological ambition.
The Model Y’s perfect score on these ADAS benchmarks validates that current driver-assist systems—when engineered rigorously—can dramatically reduce human error, which still accounts for the vast majority of crashes.
For Tesla, the result reinforces its long-standing claim of building the safest vehicles on the road. More importantly, it signals to the entire auto sector that meeting elevated federal standards is achievable and expected.
As autonomy edges closer to Level 3 and beyond, where drivers may disengage more fully, such independent verification becomes critical. It builds public trust, informs purchasing decisions, and accelerates the development of systems that could one day eliminate tens of thousands of annual traffic deaths.
In an era when software-defined vehicles promise transformative mobility, the 2026 Model Y’s NHTSA triumph is more than a manufacturer accolade—it is a regulatory green light that autonomy’s future must be built on proven, testable safety foundations. The bar has been raised. The industry, and the roads we share, will be safer for it.
Tesla is going to fix the nearly 219,000 vehicles that it recalled due to an issue with the rearview camera with a simple software update, giving owners no need to travel to a service center to resolve the problem.
Tesla is formally recalling 218,868 U.S. vehicles after regulators discovered a software glitch that can delay the rearview camera image by up to 11 seconds when drivers shift into reverse.
The affected models include certain 2024-2025 Model 3 and Model Y, as well as 2023-2025 Model S and Model X vehicles running software version 2026.8.6 and equipped with Hardware 3 computers. The National Highway Traffic Safety Administration (NHTSA) determined the lag violates Federal Motor Vehicle Safety Standard 111 on rear visibility and could increase crash risk.
Yet this is no ordinary recall. Owners do not need to schedule a service-center visit, hand over keys, or wait for parts.
Tesla fans call for recall terminology update, but the NHTSA isn’t convinced it’s needed
Tesla identified the issue on April 10, halted further deployment of the faulty firmware the same day, and began pushing a corrective over-the-air (OTA) software update on April 11.
By the time the NHTSA posted the recall notice on May 6, more than 99.92 percent of the affected fleet had already received the fix. Tesla reports no crashes, injuries, or fatalities linked to the glitch.
The episode underscores a deeper problem with regulatory language. For decades, “recall” meant hauling a vehicle to a dealership for hardware repairs or replacements. That definition no longer fits software-defined cars. When a fix arrives wirelessly in minutes — identical to an iPhone update — the term evokes unnecessary alarm and misleads the public about the actual risk and remedy.
Elon Musk has repeatedly called for exactly this change. After earlier NHTSA actions, he stated plainly: “The terminology is outdated & inaccurate. This is a tiny over-the-air software update.” On another occasion, he added that labeling OTA fixes as recalls is “anachronistic and just flat wrong.”
The terminology is outdated & inaccurate. This is a tiny over-the-air software update. To the best of our knowledge, there have been no injuries.
— Elon Musk (@elonmusk) September 22, 2022
Musk’s point is simple: regulators must evolve their vocabulary to match the technology. Traditional recalls involve physical intervention and downtime; OTA updates do not. Retaining the old label distorts consumer perception, inflates perceived defect rates, and slows the industry’s shift to faster, safer software iteration.
Tesla’s rapid, remote remedy demonstrates the safety advantage of over-the-air capability. Problems that once required weeks of dealer appointments are now resolved in hours, often before most owners notice. As more automakers adopt software-first designs, the entire regulatory framework needs to catch up.
Updating “recall” terminology would align language with reality, reduce public confusion, and recognize that modern vehicles are no longer static hardware — they are continuously improving computers on wheels.
For the 219,000 Tesla owners involved, the process is already complete. The camera works, the car is safe, and no one left their driveway. That is the new standard — and the vocabulary should reflect it.
Tesla Semi’s official battery capacity leaked by California regulators
Tesla crushes NHTSA’s brand-new ADAS safety tests – first vehicle to ever pass
