News
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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EVgo has tapped Tesla Superchargers for its most recent efforts to expand its charging presence in the United States, a move that seems logical based on the effectiveness of the automaker’s own infrastructure.
EVgo opened its first Supercharger site in Illinois, a 12-stall station near downtown Chicago at 3145 South Ashland Avenue in the Riverside Square & River’s Edge center, right beside a grocery store. This marks the start of the company’s plan to deploy hundreds of Supercharger stalls across the United States, primarily at grocery-anchored Regency Centers properties where drivers can shop, eat, or run errands while they charge.
We’ve opened our first EVgo Supercharger location in Illinois, marking the start of our plan to add hundreds of Supercharger stalls across the U.S.
Designed for both NACS and CCS vehicles with Magic Dock technology, these new sites help make fast charging more accessible and convenient for all EV drivers. Learn more: https://t.co/V92t5FDryQ
— EVgo Fast Charging Network (@evgonetwork) November 5, 2026
The new location uses Tesla’s Magic Dock technology so both NACS and CCS vehicles can plug in natively without drivers needing to carry their own adapters. Peak power reaches 325 kW at this site, with pricing set between $0.25 and $0.35 per kWh depending on the hour—the same rate for Tesla and non-Tesla drivers.
The stalls also appear in Tesla’s in-car navigation and Trip Planner, making them easy for Tesla owners to find and route to. Illinois has seen EV registrations rise nearly 60 percent over the past two years, and EVgo’s broader network has experienced more than 700 percent growth in charging demand over three years, so the timing fits the market’s trajectory.
Choosing Tesla hardware through the Supercharger for Business program turns out to have been a smart, practical move.
Tesla’s V4 stalls and cabinets deliver high, reliable power with a proven track record of strong uptime, while Magic Dock delivers true dual-standard compatibility in one package. Because the sites show up in Tesla’s navigation tools, EVgo instantly gains visibility among millions of existing Tesla drivers, which should raise utilization and help the company double its addressable market as more vehicles adopt NACS. EVgo still owns the stations and sets pricing, yet benefits from Tesla’s established hardware, longer cables, and operational support.
The result is faster, lower-risk infrastructure expansion that serves every EV driver—Tesla or otherwise—with convenient, high-power charging at everyday retail locations. For drivers, that means fewer adapters, more predictable stops, and a denser network just as electric vehicles become everyday transportation.
Tesla’s Austin Gigafactory is reportedly shifting to round-the-clock vehicle production through the end of 2026, according to longtime drone observer Joe Tegtmeyer.
In his November 2 update, Tegtmeyer, widely regarded as one of the most reliable independent sources on Giga Texas activity (we call him the Drone GOAT), stated that the plant has added a night shift, creating two 12-hour production shifts.
Tegtmeyer said in his video:
“Now, I do have some interesting news about that when it comes to the production schedule here at Giga Texas, and things are actually looking pretty good, especially when you think about what the demand is and the delivery numbers that they’re looking for and what they’re expecting. So, normally they have shifts Monday through Friday. It’s a day shift and it’s about 10 hours long or so, give or take. But now they’re on day and night shifts and they’re going to 12-hour days. So they’re going to be adding or they have another shift. They have 12 hours for both of them. In addition to that, the typical downtime that we’re going to be seeing around the holidays, specifically Thanksgiving and Christmas to the New Year time frame is actually changed. And we’re not going to see those big several day events where there is no production. At least that’s what the plan is right now. So, it’s really a great sign, I think, when we consider what they’ve done in the past and what production and the deliveries have been so far. So, maybe it’s shaping up to be a really strong quarter.”
Previously, General Assembly typically operated on a single roughly 10-hour day shift, Monday through Thursday or Friday. The new arrangement keeps General Assembly on its Monday-to-Thursday schedule while adding overnight capacity, and most other areas of the factory continue working the full week with some weekend activity.
Notably, the plant is also forgoing the multi-day shutdowns around Thanksgiving and the Christmas–New Year period that have occurred in prior years
Giga Texas currently builds the Model Y, the larger Model Y L, the Cybertruck, and the Cybercab robotaxi. Tesla has not confirmed the shift change or specified which lines will receive the extra output. Recent comments suggest Cybercab production has been constrained by the pace at which the Robotaxi fleet can absorb new vehicles, making the Model Y and Model Y L the more likely beneficiaries as the company works through order backlogs.
Tegtmeyer’s November 2 footage and commentary also highlighted broader site progress. Cortex 2 continues to expand, with additional compute coming online, a roughly 25 percent lengthening of the structure on the north end, and work on a third cooling plant.
The Boring Company tunnel site showed increased activity in the large launch pit, while the Advanced Technology Chip Fab (a SpaceX–Tesla joint R&D facility) continued steel superstructure and heavy truss installation, along with concrete pours.
The reported capacity increase arrives as Tesla aims for a strong fourth quarter following solid third-quarter results. While unconfirmed by the company, the information aligns with Tegtmeyer’s consistent track record of accurate on-site observations.
If Tesla makes the decision to sustain the all-day production plans, the dual 12-hour shifts would meaningfully raise weekly output potential at one of Tesla’s most important manufacturing hubs.
News
Tesla opens new “Cybaer” Engineering Center in Berlin
Tesla opened its Berlin Engineering Center, uniting four sites and 30 labs near Giga Berlin.
Tesla has opened a new engineering hub in Berlin, putting the teams that design and test its European parts about 30 minutes from the factory that builds them.
The Berlin Tesla Engineering Center, or BTEC, opened Wednesday in the Köpenick district. Tesla Europe said on X that the project went from permit to operational in under a year and consolidates four engineering sites and 30 labs onto a single campus. It is the company’s third hub of this kind, after Fremont and Shanghai.
“We’re combining materials, powertrain, vehicle engineering & validation under one roof, enabling a short feedback loop between development & ramp,” Tesla Europe wrote.
Berlin Tesla Engineering Center opens today From permit to operational in under a year, it brings 4 engineering sites onto 1 campus w/ 30 different labs in Köpenick, 30 minutes from Giga Berlin With our 3rd hub of this kind after Fremont & Shanghai, we’re combining materials, powertrain, vehicle engineering & validation under one roof – enabling a short feedback loop between development & ramp — Tesla Europe, Middle East & Africa (@teslaeurope) November 4, 2026
Tesla converted the former production halls of a cable factory for the site. About 250 engineers and technicians are starting there, most of them relocated from existing Tesla facilities such as Tilburg in the Netherlands. Tesla has already applied for approval of a second phase that would take the headcount to roughly 500, and it put the total investment at €100 million.
The labs cover battery cells, motors, materials and complete vehicles, and a large hall is set aside for safety testing of components, including airbags. During the opening, staff demonstrated a pedestrian leg impact test on the front of a Tesla using a catapult rig, Tagesspiegel reported. The center’s logo is a cubist Berlin bear that employees call the “Cybaer.”
Tesla said its Berlin design and engineering teams already contributed to the Model Y, Semi and Roadster, and that the work continues at BTEC. The center will handle technical problem solving for Giga Berlin in Grünheide while also developing and validating parts for vehicles built in China and the United States.
“We came here to stay,” BTEC head Brückner told dpa. “We serve all of Europe via Gigafactory Berlin-Brandenburg.” He said a site close to the plant was a priority, and that the old industrial building allowed Tesla to move quickly.
That proximity matters more now that Giga Berlin is growing again. In June, Tesla said it would raise Model Y output at the plant to 7,500 vehicles per week and hire 1,000 more workers after a record first quarter of more than 61,000 units. The factory recently built 7,000 Model Ys in a single week for the first time. Tesla also more than doubled the planned 4680 cell capacity at the site to 18 GWh per year in May, and has talked about eventually taking Grünheide to one million vehicles annually.
Sales are giving Tesla reason to invest. KBA data released the same day showed Tesla’s German registrations nearly quadrupled year over year in October to 2,932 units, bringing the total for the first ten months of 2026 to 47,742.
EVgo taps Tesla Superchargers for mass charging expansion
Tesla Giga Texas reportedly moves to 24/7 production
