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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Tesla has added the 15th automaker to the growing list of companies whose EVs can utilize the Supercharger Network this year, as BMW is the latest company to gain access to the largest charging infrastructure in the world.
BMW became the 15th company in 2025 to gain Tesla Supercharger access, after the company confirmed to its EV owners that they could use any of the more than 25,000 Supercharging stalls in North America.
Welcome @BMW owners.
Download the Tesla app to charge → https://t.co/vnu0NHA7Ab
— Tesla Charging (@TeslaCharging) December 10, 2025
Newer BMW all-electric cars, like the i4, i5, i7, and iX, are able to utilize Tesla’s V3 and V4 Superchargers. These are the exact model years, via the BMW Blog:
- i4: 2022-2026 model years
- i5: 2024-2025 model years
- 2026 i5 (eDrive40 and xDrive40) after software update in Spring 2026
- i7: 2023-2026 model years
- iX: 2022-2025 model years
- 2026 iX (all versions) after software update in Spring 2026
With the expansion of the companies that gained access in 2025 to the Tesla Supercharger Network, a vast majority of non-Tesla EVs are able to use the charging stalls to gain range in their cars.
So far in 2025, Tesla has enabled Supercharger access to:
- Audi
- BMW
- Genesis
- Honda
- Hyundai
- Jaguar Land Rover
- Kia
- Lucid
- Mercedes-Benz
- Nissan
- Polestar
- Subaru
- Toyota
- Volkswagen
- Volvo
Drivers with BMW EVs who wish to charge at Tesla Superchargers must use an NACS-to-CCS1 adapter. In Q2 2026, BMW plans to release its official adapter, but there are third-party options available in the meantime.
They will also have to use the Tesla App to enable Supercharging access to determine rates and availability. It is a relatively seamless process.
News
Tesla adds new feature that will be great for crowded parking situations
This is the most recent iteration of the app and was priming owners for the slowly-released Holiday Update.
Tesla has added a new feature that will be great for crowded parking lots, congested parking garages, or other confusing times when you cannot seem to pinpoint where your car went.
Tesla has added a new Vehicle Locator feature to the Tesla App with App Update v4.51.5.
This is the most recent iteration of the app and was priming owners for the slowly-released Holiday Update.
While there are several new features, which we will reveal later in this article, perhaps one of the coolest is that of the Vehicle Locator, which will now point you in the direction of your car using a directional arrow on the home screen. This is similar to what Apple uses to find devices:
Interesting. The location arrow in the Tesla app now points to your car when you’re nearby. pic.twitter.com/b0yjmwwzxN
— Whole Mars Catalog (@wholemars) December 7, 2025
In real time, the arrow gives an accurate depiction of which direction you should walk in to find your car. This seems extremely helpful in large parking lots or unfamiliar shopping centers.
Getting to your car after a sporting event is an event all in itself; this feature will undoubtedly help with it:
The nice little touch that Tesla have put in the app – continuous tracking of your vehicle location relative to you.
There’s people reporting dizziness testing this.
To those I say… try spinning your phone instead. 😉 pic.twitter.com/BAYmJ3mzzD
— Some UK Tesla Guy (UnSupervised…) (@SomeUKTeslaGuy) December 8, 2025
Tesla’s previous app versions revealed the address at which you could locate your car, which was great if you parked on the street in a city setting. It was also possible to use the map within the app to locate your car.
However, this new feature gives a more definitive location for your car and helps with the navigation to it, instead of potentially walking randomly.
It also reveals the distance you are from your car, which is a big plus.
Along with this new addition, Tesla added Photobooth features, Dog Mode Live Activity, Custom Wraps and Tints for Colorizer, and Dashcam Clip details.
🚨 Tesla App v4.51.5 looks to be preparing for the Holiday Update pic.twitter.com/ztts8poV82
— TESLARATI (@Teslarati) December 8, 2025
All in all, this App update was pretty robust.
Tesla CEO Elon Musk shaded Waymo in a post on X on Wednesday, stating the company “never really had a chance” and that it “will be obvious in hindsight.”
Tesla and Waymo are the two primary contributors to the self-driving efforts in the United States, with both operating driverless ride-hailing services in the country. Tesla does have a Safety Monitor present in its vehicles in Austin, Texas, and someone in the driver’s seat in its Bay Area operation.
Musk says the Austin operation will be completely void of any Safety Monitors by the end of the year.
🚨 Tesla vs. Waymo Geofence in Austin https://t.co/A6ffPtp5xv pic.twitter.com/mrnL0YNSn4
— TESLARATI (@Teslarati) December 10, 2025
With the two companies being the main members of the driverless movement in the U.S., there is certainly a rivalry. The two have sparred back and forth with their geofences, or service areas, in both Austin and the Bay Area.
While that is a metric for comparison now, ultimately, it will not matter in the coming years, as the two companies will likely operate in a similar fashion.
Waymo has geared its business toward larger cities, and Tesla has said that its self-driving efforts will expand to every single one of its vehicles in any location globally. This is where the true difference between the two lies, along with the fact that Tesla uses its own vehicles, while Waymo has several models in its lineup from different manufacturers.
The two also have different ideas on how to solve self-driving, as Tesla uses a vision-only approach. Waymo relies on several things, including LiDAR, which Musk once called “a fool’s errand.”
This is where Tesla sets itself apart from the competition, and Musk highlighted the company’s position against Waymo.
Jeff Dean, the Chief Scientist for Google DeepMind, said on X:
“I don’t think Tesla has anywhere near the volume of rider-only autonomous miles that Waymo has (96M for Waymo, as of today). The safety data is quite compelling for Waymo, as well.”
Musk replied:
“Waymo never really had a chance against Tesla. This will be obvious in hindsight.”
Waymo never really had a chance against Tesla. This will be obvious in hindsight.
— Elon Musk (@elonmusk) December 10, 2025
Tesla stands to have a much larger fleet of vehicles in the coming years if it chooses to activate Robotaxi services with all passenger vehicles. A simple Over-the-Air update will activate this capability, while Waymo would likely be confined to the vehicles it commissions as Robotaxis.
Tesla adds 15th automaker to Supercharger access in 2025
Tesla adds new feature that will be great for crowded parking situations
