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Tesla FSD’s prolonged release doesn’t make it a ‘fraud,’ company says

(Credit: cosmicxbird/Instagram)

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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.”

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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.

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“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.

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“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.

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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

Elon Musk just roasted Sam Altman’s Tesla Roadster cancellation

“And you forgot to mention act 4, where this issue was fixed and you received a refund within 24 hours.

But that is in your nature.”

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Elon Musk has responded to OpenAI CEO Sam Altman’s decision to cancel his Tesla Roadster reservation, which he revealed on X on Thursday.

We reported on Altman’s decision, which he called “A tale in three acts,” showing his confirmation email from Tesla back in 2018, an email requesting his $50,000 deposit back after canceling his order, and a notification from Google that the email he sent was not delivered.

Musk did not take too kindly to the post from his tech rival, first referencing his position with OpenAI, and then confirming that Altman received his reservation deposit back within 24 hours:

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OpenAI was started by Musk, Altman, and others back in 2015, and was geared toward being a non-profit company that would develop safe artificial intelligence that would be accessible to people.

However, Musk and Altman did not agree on the future of the company. Musk left, and Altman turned OpenAI into a for-profit company. This led to a variety of lawsuits and some very public spats between the two. Musk has called out Altman for turning the company into a for-profit, which has been his main source of criticism for his former colleague.

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The Roadster has been hanging in the balance of Tesla’s manufacturing plans for seven years, but the company has made more indications that it will be unveiled later this year and will have some insane technologies.

Musk said on Friday in an episode of the Joe Rogan Experience Podcast that Tesla is “getting close to demonstrating the prototype.”

He said:

“Whether it’s good or bad, it will be unforgettable. My friend Peter Thiel once reflected that the future was supposed to have flying cars, but we don’t have flying cars. I think if Peter wants a flying car, he should be able to buy one…I think it has a shot at being the most memorable product unveil ever. [It will be unveiled] hopefully before the end of the year. You know, we need to make sure that it works. This is some crazy technology in this car. Let’s just put it this way: if you took all the James Bond cars and combined them, it’s crazier than that.”

Musk hinted that the vehicle could fly and would have “crazy technology” that would put James Bond’s vehicles to shame. It will be interesting to see what Tesla will unveil when the event happens and if it can come through on this mind-blowing teaser.

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SpaceX successfully launches 100th Starlink mission of 2025

With 100 Starlink missions completed for 2025, space enthusiasts have noted that SpaceX has successfully launched 2,554 Starlink satellites so far this year.

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(Credit: Starlink)

SpaceX achieved its 100th Starlink mission of the year on Friday, October 31, marking another milestone for 2025. 

A Falcon 9 rocket carrying 28 Starlink broadband satellites successfully lifted off from Vandenberg Space Force Base in California at 4:41 p.m. ET, carrying another 28 Starlink satellites to Low Earth Orbit (LEO).

Falcon 9 booster’s 29th flight

Roughly 8.5 minutes after liftoff, the Falcon 9’s first stage touched down on the drone ship Of Course I Still Love You in the Pacific Ocean. This marked the booster’s 29th flight, which is approaching SpaceX’s reuse record of 31 missions.

This latest mission adds to SpaceX’s impressive 138 Falcon 9 launches in 2025, 99 of which were dedicated to Starlink, according to Space.com. The company’s focus on reusing boosters has enabled this breakneck pace, with multiple launches each week supporting both Starlink’s expansion and external customers.

Starlink’s network continues massive global expansion

Starlink remains the largest active satellite constellation in history, with more than 10,000 satellites launched, nearly 8,800 of which are currently active. SpaceX recently achieved Starlink’s 10,000-satellite milestone. With 100 Starlink missions completed for 2025, space enthusiasts have noted that SpaceX has successfully launched 2,554 Starlink satellites so far this year.

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Starlink, which provides high-speed, low-latency internet connectivity even to the world’s most remote areas, has been proven to be life-changing technology for people across the globe. The service is currently operational in about 150 countries, and it currently has over 5 million subscribers worldwide. From this number, 2.7 million joined over the past year.

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Tesla shares updated timeframe for Cybertruck FSD V14 release

The Cybertruck was expected to receive FSD V14 before the end of the month, but Tesla was not able to meet the target.

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Credit: Tesla

Tesla’s Full Self-Driving (FSD) V14 update for the Cybertruck could arrive this weekend, as per recent comments from Director of Autopilot Software and VP of AI Ashok Elluswamy. 

The Cybertruck was expected to receive FSD V14 before the end of the month, but Tesla was not able to meet the target.

Cybertruck FSD V14

Considering the extended wait for FSD V14, it was no surprise that several Cybertruck owners were asking for updates about the system’s rollout to the all-electric pickup truck on Friday. These included the official Cybertruck X account, which responded to Elluswamy’s end of month estimate with “I only see trick. Where is my treat.” 

This prompted a response from the AI executive, who replied with, “Sorry, pushing for early access Cyber release over the weekend.” This means that if all goes well, Cybertruck owners would be able to experience FSD V14 very soon. Some, however, are wondering if Tesla would go straight to V14.2 for the Cybertruck’s FSD V14 update, or if the vehicle will receive V14.1 first. 

Tesla pushes to unify FSD experience across its lineup

The upcoming Cybertruck rollout represents the next step in Tesla’s efforts to roll out FSD capabilities across all of its vehicles. FSD V14 is a notable step forward for the company’s AI-driven self driving system, with features like Mad Max mode getting positive reviews from longtime Full Self Driving testers.

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For the Cybertruck, the FSD V14 update would mark one of its first major over-the-air upgrades for the vehicle. Likely due to its size, the Cybertruck tends to receive FSD updates later than the S3XY lineup, which is quite surprising considering that the all-electric pickup truck is a premium-priced vehicle that is home to some of Tesla’s most advanced technologies.

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