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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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Tesla Model Y may gain an extra 90 miles of range with Panasonic’s next-gen battery

The Japanese company is pursuing an anode-free design.

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Credit: Tesla Manufacturing

Panasonic is developing a new high-capacity EV battery that could potentially extend the range of a Tesla Model Y by 90 miles. 

The Japanese company, one of Tesla’s key battery suppliers, is pursuing an anode-free design that it says could deliver a “world-leading” level of capacity by the end of 2027.

Panasonic’s anode-free design

The technology Panasonic is pursuing would eliminate the anode during the manufacturing process, as noted in a Reuters report. By freeing up space for more active cathode materials such as nickel, cobalt, and aluminum, the Japanese company expects a 25% increase in capacity without expanding battery size. 

That could allow Tesla’s Model Y to gain an estimated 145 kilometers (90 miles) of additional range if equipped with a battery that matches its current pack’s size. At the same time, Panasonic could use smaller, lighter batteries to achieve the Model Y’s current range. 

Panasonic also aims to reduce reliance on nickel, which remains one of the more costly raw materials. A senior executive previewed the initiative to reporters ahead of a scheduled presentation by Panasonic Energy’s technology chief, Shoichiro Watanabe.

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Tesla implications

The breakthrough, if achieved, could strengthen Panasonic’s position as Tesla’s longest-standing battery partner at a time when the automaker is preparing to enter an era of extreme scale driven by high-volume products like the Cybercab and Optimus.

Elon Musk has stated that products like Optimus would be manufactured at very high scale, so it would likely be an all-hands-on-deck situation for the company’s suppliers.

Panasonic did not share details on production costs or how quickly the new batteries might scale for commercial applications. That being said, the Japanese supplier has long been a partner of Tesla, so it makes sense for the company to also push for the next generation of battery innovation while the EV maker pursues even more lofty ambitions.

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Tesla called ‘biggest meme stock we’ve ever seen’ by Yale associate dean

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Credit: Tesla

Tesla (NASDAQ: TSLA) is being called “the biggest meme stock we’ve ever seen” by Yale School of Management Senior Associate Dean Jeff Sonnenfeld, who made the comments in a recent interview with CNBC.

Sonnenfeld’s comments echo those of many of the company’s skeptics, who argue that its price-to-earnings ratio is far too high when compared to other companies also in the tech industry. Tesla is often compared to companies like Apple, Nvidia, and Microsoft when these types of discussions come up.

Fundamentally, yes, Tesla does trade at a P/E level that is significantly above that of any comparable company.

However, it is worth mentioning that Tesla is not traded like a typical company, either.

Here’s what Sonnenfeld said regarding Tesla:

“This is the biggest meme stock we’ve ever seen. Even at its peak, Amazon was nowhere near this level. The PE on this, well above 200, is just crazy. When you’ve got stocks like Nvidia, the price-earnings ratio is around 25 or 30, and Apple is maybe 35 or 36, Microsoft around the same. I mean, this is way out of line to be at a 220 PE. It’s crazy, and they’ve, I think, put a little too much emphasis on the magic wand of Musk.”

Many analysts have admitted in the past that they believe Tesla is an untraditional stock in the sense that many analysts trade it based on narrative and not fundamentals. Ryan Brinkman of J.P. Morgan once said:

“Tesla shares continue to strike us as having become completely divorced from the fundamentals.”

Dan Nathan, another notorious skeptic of Tesla shares, recently turned bullish on the stock because of “technicals and sentiment.” He said just last week:

“I think from a trading perspective, it looks very interesting.”

Nathan said Tesla shares show signs of strength moving forward, including holding its 200-day moving average and holding against current resistance levels.

Sonnenfeld’s synopsis of Tesla shares points out that there might be “a little too much emphasis on the magic wand of Musk.”

Elon Musk just bought $1 billion in Tesla stock, his biggest purchase ever

This could refer to different things: perhaps his recent $1 billion stock buy, which sent the stock skyrocketing, or the fact that many Tesla investors are fans and owners who do not buy and sell on numbers, but rather on news that Musk might report himself.

Tesla is trading around $423.76 at the time of publication, as of 3:25 p.m. on the East Coast.

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Tesla makes big change to Full Self-Driving doghouse that drivers will like

Now, it is changing the timeframe of which strikes will be removed, cutting it in half. The strikes will be removed every 3.5 days, as long as no strikes are received during the time period.

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Tesla's Cabin-facing camera is used to monitor driver attentiveness. (Credit: Andy Slye/YouTube)

Tesla is making a big change to its Full Self-Driving doghouse that drivers will like.

The doghouse is a hypothetical term used to describe the penalty period that Tesla applies to drivers who receive too many infractions related to distracted driving.

Previously, Tesla implemented a seven-day ban on the use of Full Self-Driving for those who received five strikes in a vehicle equipped with a cabin camera and three strikes for those without a cabin camera.

It also forgave one strike per week of Full Self-Driving use, provided the driver did not receive any additional strikes during the seven-day period.

Now, it is changing the timeframe of which strikes will be removed, cutting it in half. The strikes will be removed every 3.5 days, as long as no strikes are received during the time period.

The change was found by Not a Tesla App, which noticed the adjustment in the Owner’s Manual for the 2025.32 Software Update.

The system undoubtedly helps improve safety as it helps keep drivers honest. However, there are definitely workarounds, which people are using and promoting for monetary gain, and you can find them on basically any online marketplace, including TikTok shop and Amazon:

People are marketing the product as an FSD cheat device, which the cabin-facing camera will not be able to detect, allowing you to watch something on a phone or look through the windshield at the road.

The safeguards implemented by Tesla are designed to protect drivers from distractions and also protect the company itself from liability. People are still using Full Self-Driving as if it were a fully autonomous product, and it is not.

Tesla even says that the driver must pay attention and be ready to take over in any scenario:

“Yes. Autopilot is a driver assistance system that is intended to be used only with a fully attentive driver. It does not turn a Tesla into a fully autonomous vehicle.

Before enabling Autopilot, you must agree to “keep your hands on the steering wheel at all times” and to always “maintain control and responsibility for your vehicle.” Once engaged, Autopilot will also deliver an escalating series of visual and audio warnings, reminding you to place your hands on the wheel if insufficient torque is applied or your vehicle otherwise detects you may not be attentive enough to the road ahead. If you repeatedly ignore these warnings, you will be locked out from using Autopilot during that trip.

You can override any of Autopilot’s features at any time by steering or applying the accelerator at any time.”

It is good that Tesla is rewarding those who learn from their mistakes with this shorter timeframe to lose the strikes. It won’t be needed forever, though, as eventually, the company will solve autonomy. The question is: when?

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