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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’s triple-rocket that launched a Tesla into space is back on a mission
SpaceX Falcon Heavy returns after 18 months away to deliver a satellite that only it could carry.
After an 18-month absence, SpaceX’s Falcon Heavy is returning to mission on Monday morning when it’s scheduled to lift off from Launch Complex 39A at Kennedy Space Center at 10:21 a.m. EDT.
The mission is called ViaSat-3 F3, and the heavy satellite payload needs to reach geostationary orbit, sitting 22,236 miles above Earth where its speed matches the planet’s rotation. Getting a satellite that heavy to that altitude demands more thrust than a single-core Falcon 9 can deliver.
This marks the Falcon Heavy’s 12th flight overall since its debut in February 2018, and its first since NASA’s Europa Clipper mission in October 2024.
Arguably, the most exciting element for spectators will be watching the booster recoveries in action when the two side boosters, B1072 and B1075, will attempt simultaneous landings at Landing Zone 2 and the newer Landing Zone 40 at Cape Canaveral Space Force Station, while the center core will be expended over the ocean.
SpaceX wins its first MARS contract but it comes with a catch
Following satellite deployment, expected roughly five hours after launch, ViaSat-3 F3 will spend several months traveling to its final orbital slot before undergoing in-orbit testing, with service entry expected by late summer 2026
As Teslarati reported, NASA awarded SpaceX a $175.7 million contract on April 16, 2026 to launch the ESA Rosalind Franklin Mars rover aboard a Falcon Heavy no earlier than late 2028, which would mark the first time SpaceX has ever sent a payload to Mars. That contract came on top of an already deep pipeline that includes the Roman Space Telescope, the Dragonfly Saturn mission, and multiple national security payloads.
SpaceX executed 165 missions in 2025 and now accounts for approximately 85% of all global orbital launches. With Starlink surpassing 10 million subscribers and an IPO targeting a $1.75 trillion valuation still ahead, Monday’s launch is one more data point in a company that has quietly become the backbone of both commercial and government space access worldwide.
Tesla is launching its solution to end Supercharger fights once and for all, eliminating any confusion on who is to charge next at a congested location.
Last year, a notable incident at a Tesla Supercharger led to a fight, and it all stemmed from a disagreement over who arrived at the location first.
Congestion at Tesla Superchargers is a pretty infrequent occurrence for most of us, but there are more congested and popular areas where wait times can be extensive. An unfortunate growing pain of EV ownership is the plain fact that chargers are not as available as gas pumps, and there are, at times, lines to charge.
This can cause tensions to flare and people to get entitled when visiting Superchargers. Nobody wants to spend hours at a Supercharger, but now, there will be no more confusion when there is a queue, and that’s thanks to Tesla’s new Virtual Queue for Superchargers.
Tesla is finally starting to build out the Virtual Supercharger Queue, according to Not a Tesla App, but it still relies on drivers to make it work.
When a driver is near a Supercharger that is full, a message will pop up on the Tesla App, using the driver’s location to determine their eligibility to join the virtual queue.
The app states:
“While the app is closed, Tesla uses your location to notify you of accurate wait times at Superchargers when you arrive.”
Another message within the app states:
“There is a waitlist to charge. Are you sure you want to start a charging session now?”
This sounds as if it will require drivers to act appropriately and only plug in when the app prompts them to do so, by letting them know it is their turn.
The app will notify the driver of their position in the queue, as well as how many vehicles are ahead of them.
Tesla launches first ‘true’ East Coast V4 Supercharger: here’s what that means
The company announced a while back that it would be working on a solution for this issue. Personally, I’ve only had to wait at a Supercharger for a charge on one occasion, and there was a line of between 3 and 10 cars during this singular occurrence.
I’m out at the Lancaster, PA Supercharger and showed up with a queue of three vehicles.
It’s now up to five and there have been several issues with order of arrival and confusion about who is first.
Any update on Supercharger queue? @elonmusk @aelluswamy @r_jegaa
— TESLARATI (@Teslarati) January 31, 2026
There were no conflicts or arguments about who had arrived first, but there was some discussion between several drivers during my time there about who was to charge first. Throw a non-Tesla EV into the mix, one that can only charge at a pull-in spot, and that causes even more of a complication.
News
Tesla offers awesome Free Supercharging incentive on an unexpected vehicle
In the past, Tesla has used Free Supercharging to incentivize the purchase of its expensive vehicles, like the Model S and Model X. However, those vehicles are leaving the company lineup, and Tesla saw a benefit from applying the incentive to another car.
Tesla is offering an awesome new Free Supercharging incentive on a vehicle that is sort of unexpected.
In the past, Tesla has used Free Supercharging to incentivize the purchase of its expensive vehicles, like the Model S and Model X. However, those vehicles are leaving the company lineup, and Tesla saw a benefit from applying the incentive to another car.
Tesla North America has introduced a compelling new incentive aimed at boosting Model 3 sales. Starting with orders placed on or after April 24, buyers of the Model 3 Premium (Long Range) and Performance variants in the United States will receive one full year of complimentary Supercharging.
The offer applies exclusively to new vehicle orders and does not extend to existing owners or other trims like the base Rear-Wheel Drive model.
New orders of Model 3 Premium & Performance now come with 1 year of free Supercharging 🇺🇸
Also, all Teslas pay the lowest Supercharging rates – all others pay a ~40% premium or need a subscription
— Tesla North America (@tesla_na) April 24, 2026
The announcement underscores Tesla’s continued dominance in EV charging infrastructure.
While the incentive provides 12 months of zero-cost access to the Supercharger network, Tesla also reiterated its pricing structure: all Tesla vehicles receive the lowest Supercharging rates.
Non-Tesla EVs, by contrast, pay approximately 40 percent more per kWh or must purchase a subscription to access the network at standard rates. This tiered approach highlights the strategic value of owning a Tesla, where seamless integration with the world’s largest and most reliable fast-charging network remains a key differentiator.
For prospective buyers, the savings can be substantial. Depending on driving habits, a typical Model 3 owner might log 12,000–15,000 miles annually.
With average Supercharging costs around $0.40–$0.50 per kWh, one year of free sessions could translate to $800–$1,200 in avoided expenses.
That effectively lowers the total cost of ownership and makes long-distance travel more affordable from day one. Early delivery customers have already noted similar past incentives, with one Cybertruck owner reporting over $2,400 saved in just six months under similar offers that Tesla has deployed in the past.
The timing of the offer appears strategic. Tesla faces growing competition from other automakers expanding their own charging networks and offering aggressive EV incentives.
By bundling free Supercharging rather than discounting the vehicle’s MSRP, Tesla preserves perceived value while directly addressing one of the biggest barriers for new EV adopters: charging costs and convenience.
The move also encourages higher-mileage use of the network, generating valuable real-world data for Tesla’s autonomous driving development.
Why Tesla would apply this incentive to the Model 3 is pretty interesting. It usually is a pretty good incentive to move units out the door, so there’s some speculation whether Tesla is planning to launch new upgrades to the mass-market sedan in the coming months, and the company wants to move what will be outdated units from its inventory.
However, there is also just the idea that Tesla could be attempting to stimulate some early quarter demand for the Model 3, especially as the Model Y continues to sell very well. Tesla’s loss of the $7,500 EV tax credit last year had an impact on sales, and Tesla might be testing some formidable options to see if it can add some demand once again.
SpaceX’s triple-rocket that launched a Tesla into space is back on a mission
The FCC just said ‘No’ to SpaceX for now
