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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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Elon Musk
SpaceX’s newest Starmind will make earth data centers obsolete
Elon Musk confirmed Starmind as SpaceX’s AI satellite constellation name, targeting one million orbital compute nodes.
Elon Musk confirmed that Starmind will be the official name of SpaceX’s planned AI satellite constellation, following a trademark filing by xAI that surfaced earlier this week. Starmind is what’s being described to the FCC as a constellation of up to one million AI satellites
It’s worth noting that SpaceX’s Starlink communication satellite and Starmind are built on the same orbital infrastructure concept but serve entirely different purposes. Starlink is a connectivity network, with satellites receiving and relaying data between points on Earth, and functioning as a high-speed internet backbone in space. The satellites themselves do not process or think, and move information from one place to another, the same function a fiber cable performs underground.
SpaceX just forced Verizon, AT&T and T-Mobile to team up for the first time in history
Starmind, on the other hand, is something completely different, and tather than moving data, its satellites would compute data through artificial intelligence and directly in orbit using onboard processors powered by large solar arrays. Where a Starlink satellite is essentially a very fast pipe, a Starmind satellite is a server. The practical implication is that Starmind would allow AI models to run inference, process queries, and generate outputs from space, then beam results down to users anywhere on Earth within milliseconds, and without the data ever needing to travel to a terrestrial data center.
Starship will be able to carry 30 to 50 AI1 satellites per launch, delivering the equivalent of dozens of server racks per flight, with no land acquisition, no power grid approval, and no cooling infrastructure required on the ground.
SpaceX is pursuing this new technology as terrestrial data centers are running into hard limits such as lack of physical space, community opposition, and power and water consumption at a scale that is increasingly difficult to permit. Space has unlimited solar power, natural vacuum cooling, and no zoning boards. Musk said in a June 8 video presentation that he expects space to become the lowest-cost location to deploy AI compute within two to three years. Two AI1 prototypes are scheduled to launch in early 2027, with volume production targeted for the end of that year at a new facility called Gigasat.
The real world applications Starmind enables extend well beyond powering Grok. A constellation of orbiting AI processors could run inference workloads for any paying customer, anywhere on Earth, with latency measured in milliseconds rather than the seconds associated with ground-based cloud routing across continents. Starmind, if it scales as described, would make SpaceX the landlord of AI compute the same way Starlink made it the landlord of satellite internet.
Tesla is pushing back against the unfair reporting of accidents involving its vehicles. Many media outlets were quick to jump to conclusions about a fatal accident involving a Tesla in Katy, Texas, that happened recently.
The driver of the vehicle, which slammed into a brick house and killed a woman inside, stated the car was operating on Autopilot. Tesla CEO Elon Musk and Head of AI Ashok Elluswamy both challenged that claim, with Elluswamy revealing last night that the system was overridden by the driver, who pressed the accelerator pedal “all the way to 100%.”
Tesla finally clarifies fatal Texas crash, confirms driver manually overrode acceleration
The car reached a speed of 73 MPH during the crash, Elluswamy detailed, and stated that the accelerator pedal was even pressed after the crash.
The story has been spread throughout the media with either incomplete or incorrect reporting, with some stories still not updated nearly 24 hours after Musk and Elluswamy posted answers about the crash on X.
The reporting has been a thorn in the side of Tesla for several years. Vehicle accidents involving Teslas are usually reported with the manufacturer’s name in the headline, while other companies are free of criticism when their cars are involved in accidents.
Here’s an example of that:
So you don’t report the vehicle’s make when it isn’t a Tesla, but you do report it when it is a Tesla?
The vehicle in your post above is a Hyundai Ioniq 5 EV. pic.twitter.com/4WT3sZ2DHm
— Sawyer Merritt (@SawyerMerritt) February 17, 2026
Many media outlets stated the car was in “self-driving mode” or “Autopilot mode” when the car crashed. The truth is, now that Tesla has chimed in, that the driver had manually overriden the system by pressing the accelerator. Elluswamy commented on the unfair reporting:
“This blatantly irresponsible reporting does more harm to people than they realize.
Using Tesla self-driving is far safer than manual driving, and this was measured over 10B miles.
Planting such FUD in the minds of general public, who might not know the all the facts, might prevent them from using this technology that makes them safer.”
This blatantly irresponsible reporting does more harm to people than they realize.
Using Tesla self-driving is far safer than manual driving, and this was measured over 10B miles.
Planting such FUD in the minds of general public, who might not know the all the facts, might…
— Ashok Elluswamy (@aelluswamy) June 22, 2026
The damage these headlines do to Tesla and the self-driving car movement is unexplainable. Most people do not realize the safeguards that are in place with Tesla’s self-driving functions; many people who have used it know the car would never travel at that speed in a residential area, not even on the most aggressive “Mad Max” setting.
It is important to remember that Tesla Full Self-Driving is not autonomous, and the company never claimed it was. Drivers are still responsible for paying attention and remaining vigilant. They must be able to take over at all times.
Tesla Supercharging is getting yet another layer of gamification, as the company is rolling out a new competition that could win Free Supercharging miles.
Tesla is ramping up its efforts to make vehicle ownership more engaging through gamification. In June 2026, the company announced the 2026 Free Supercharging Competition, building on the Charging Passport feature introduced the previous year. This initiative turns Supercharging into a competitive, collectible adventure while offering substantial real-world incentives.
🚨 Tesla is taking its gamification of Supercharging a step further with the launch of the 2026 Free Supercharging Contest:
“In January 2027, Tesla will celebrate nine outstanding Supercharger users from 2026 by awarding them free Supercharging for their Tesla vehicle for as… pic.twitter.com/CPPYJLJwFD
— TESLARATI (@Teslarati) June 23, 2026
The Charging Passport, rolled out late last year, functions like a digital travel log or a year-in-review for Tesla owners. These types of things are used by many platforms, including Spotify and Apple Music, which show listeners what type of taste they had for the year.
Accessed in the Tesla App under the ‘Charging’ section, it displays a map of visited Superchargers, key stats, such as total energy charged (kWh), number of unique sites, total charging sessions, top charging day, and miles added. Owners earn collectible Charging Badges in categories, which include:
- Charging Milestones – for total energy, consecutive weeks of Supercharging, or unique sites visited
- Iconic Chargers – for Flagship Locations or stations near famous landmarks
- Special Events – limited-time badges for specific experiences. These badges appear within 24 hours of qualifying activity and provide a fun, shareable recap of an owner’s Supercharging journeys. Milestone progress resets annually, allowing fresh challenges each year
The 2026 contest elevates this gamification by rewarding top performers with lifetime free Supercharging. All Supercharging sessions from January 1 to December 31, 2026, count toward the competition. To participate, owners must enable “Share Charging Data with Tesla App” in vehicle settings and open the 2026 Charging Passport in the app at least once before January 1, 2027.
Nine winners will be selected — three per region (Americas, Asia-Pacific, and EMEA, with some countries excluded for regulatory reasons) — one in each of three categories:
- Longest Trip: Longest continuous streak of unique Supercharger locations where each new site is visited within 24 hours of the previous session’s start time
- Most Unique Supercharger Sites Visited: Highest number of distinct locations
- Most Energy Supercharged: Highest total in kWh charged at Superchargers
A unique site is defined as shown in the Tesla app or vehicle navigation. Repeat visits during a streak are allowed but do not extend the count. Ties are broken by total energy charged. Ineligible participants include vehicles already receiving free Supercharging, commercial-use vehicles (taxi, rideshare, delivery), Tesla employees and their immediate families, and residents of certain excluded countries.
Winners receive free Supercharging on the winning vehicle for as long as they own or lease it.
This contest is part of Tesla’s broader gamification strategy. The Safety Score has long rewarded safe driving habits with a numerical rating that can influence insurance rates or feature access. The referral program incentivizes owners with credits or free Supercharging months for successful referrals.
In-app statistics, streaks, and community features further encourage engagement. Older third-party apps even awarded “mayor” titles for frequenting specific Superchargers.
By combining digital badges, competitive leaderboards, and high-value rewards, Tesla boosts network utilization, gathers usage data, and fosters deeper owner loyalty. The 2026 Free Supercharging Competition invites enthusiasts to plan epic road trips while turning everyday charging into a rewarding pursuit. With the Passport already proving popular, expect heightened activity across the Supercharger network throughout the year.
SpaceX’s newest Starmind will make earth data centers obsolete
Tesla pushes back against unfair reporting of accidents
