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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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Tesla starts laying the groundwork for FSD tests in Austria
The job opening comes as the company pushes regulatory approvals and data collection in new European markets.
Tesla seems to be ramping its efforts to hire key personnel for FSD’s eventual expansion in Europe. This was hinted at in a new job listing for a vehicle operator role in Vienna, Austria.
The job opening comes as the company pushes regulatory approvals and data collection in new European markets.
Vienna’s vehicle operator role
Tesla posted the job for “Fahrer (Vehicle Operator) (m/w/d)” in its Vienna office on its Careers website, seeking candidates to drive and monitor test vehicles as part of the Autopilot and AI team. The role involves collecting real-world driving data to refine Full Self-Driving systems for the country’s local roads. Responsibilities include operating vehicles in urban and highway environments, documenting system performance, among other tasks.
Applicants need a valid Austrian driver’s license and at least two years of driving experience. Fluency in English is essential, along with a familiarity with driver assist systems. Tesla noted that the position offers a minimum annual gross salary of EUR 32,000, though relevant professional experience and qualifications will be taken into account. Similar to other Tesla roles, the position also offers TSLA stock as an incentive.
Tesla’s FSD Push in Europe
Tesla’s FSD efforts in Europe have accelerated in recent months, with significant progress in Spain serving as a key milestone. In July 2025, Spain’s Directorate-General for Traffic launched the ES-AV framework to standardize automated vehicle testing, authorizing Tesla for nationwide FSD trials with 19 vehicles under Phase 3, which allows optional onboard safety operators and remote monitoring.
-->The program, running through November 2027, aims to position Spain as a leader in the field, as DGT stated: “The program is designed to complement and enhance oversight, regulation, research, and transparency efforts, as well as to support innovation and advancements in automotive technology and industry.”
Beyond Spain, Tesla has conducted FSD demonstrations in Germany, France and Italy for consumers, while pursuing national approval in the Netherlands for early 2026.
News
Tesla Semi factory looks almost complete during Thanksgiving weekend
Based on recent drone videos, the Tesla Semi factory looks practically ready to start operations.
It appears that the Tesla Semi factory near Giga Nevada is already hard at work preparing for the initial production of the Class 8 all-electric truck. This was, at least, hinted at in a recent drone flyover of the facility from a longtime watcher.
The Tesla Semi factory after Thanksgiving
Drone operator and Tesla Semi advocate @HinrichsZane recently shared some footage he captured of the upcoming facility during the Thanksgiving weekend. Based on his video, it appears that Tesla gave its employees in the area the weekend off. One thing is evident from the video, however, and that is the fact that the Tesla Semi factory looks practically ready to start operations.
The Tesla Semi watcher did point out that the electric vehicle maker is still busy bringing in production equipment into the facility itself. Once these are installed, it would not be surprising if initial production of the Tesla Semi begins.
A new Tesla Semi
The upcoming completion of the Tesla Semi factory near Gigafactory Nevada seems all but inevitable in the coming months. What would be especially interesting, however, would be the vehicles that would be produced on the site. During Elon Musk’s presentation at the 2025 Annual Shareholder Meeting, a glimpse of the production Tesla Semi was shown, and it looks quite a bit different than the Class 8 all-electric truck’s classic appearance.
As could be seen in the graphic from the CEO’s presentation, the updated Tesla Semi will feature slim lightbar headlights similar to the new Tesla Model Y, Cybertruck, and the Cybercab. Tesla also teased a number of aerodynamic improvements that increased the truck’s efficiency to 1.7 kWh per mile. Extended camera units, seemingly for FSD, could also be seen in the graphic.
-->News
Tesla scores major hire as Apple scientist moves to Optimus team
Chen, who advanced from individual contributor to technical lead during his time at Apple, noted that he was blown away by Tesla’s efforts and synergy.
Former Apple research scientist Yilun Chen has left the tech giant to join Tesla’s Optimus AI team. Chen, who advanced from individual contributor to technical lead during his time at Apple, noted that he was blown away by Tesla’s efforts and synergy.
Apple veteran closes a major chapter
In a farewell note, Yilun Chen reflected on his tenure at Apple as a period defined by rapid growth and exposure to notable internal projects, some of which remain unreleased. His roles spanned engineering, research, early product incubation, and hands-on prototyping, allowing him to build expertise across both mature and emerging teams.
Chen credited mentors, colleagues, and cross-functional collaborators for shaping his trajectory, calling the experience unforgettable and emphasizing how each team taught him different lessons about scaling technology, guiding product vision, and navigating fast-moving research environments. “Each role has offered me invaluable unique lessons… My deepest gratitude goes to my colleagues, mentors and friends,” he wrote.
Tesla’s Optimus lab secured the hire
Chen said the move to Tesla was driven by the momentum surrounding Optimus, a humanoid robot powered by LLM-driven reasoning and Physical AI. After visiting Tesla’s Optimus lab, he admitted that he was “totally blown away by the scale and sophistication of the Optimus lab and deep dedication of people when I got to visit the office.”
His first week at Tesla, he noted, involved spontaneous deep-tech discussions, a flat team structure, rapid prototyping cycles, and what he called a “crazy ideas with super-fast iterations” culture. Chen emphasized that the team’s ambition, as well as its belief that humanoid robots are now within reach, creates an energy level that feels aimed at changing the world.
-->“You can feel the energy to change the world here,” he wrote in a post on social media.
Tesla starts laying the groundwork for FSD tests in Austria
Tesla Semi factory looks almost complete during Thanksgiving weekend
