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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 Full Self-Driving v14.3.3 driver monitoring was reportedly scaled back in recent releases, but a new version that was released in the early hours of June 3 aimed to do a better job of keeping those in control of their cars honest, according to release notes.
The release notes for FSD v14.3.3, via Software Version 2026.14.6.7 added:
“Improved driver monitoring system sensitivity with better eye gaze tracking, eye wear handling, and higher accuracy in variable lighting conditions.”
However, Tesla said this was already enabled in the first rollout of FSD v14.3.3 in late May. We tested it anyway, especially as the Standard Speed Profile seemed less-than-worried about what you were doing during operation.
I decided to try out the Hurry and Mad Max Speed Profiles for this test, and it gave me results that I would have expected. Tesla has evidently ramped up driver monitoring based on the Speed Profile you are using to travel.
The more aggressive the Speed Profile, the more on the hook you will be for taking your attention away from the road. Our testing showed that Mad Max was less likely to allow you to do normal things like change music or adjust navigation without getting an on-screen warning or nag from the driver monitoring system.
Hurry Mode Results
On Hurry, the driver monitoring system on FSD v14.3.3, via Software Version 2026.14.6.7, was more restrictive than Standard but less restrictive than Mad Max. I found that I could scroll through music options for a considerable amount of time, more than 30 seconds:
Roughly :31 between first touching the center screen and getting the first nag
— TESLARATI (@Teslarati) June 3, 2026
Standard gave me about 80 seconds of phone scrolling with absolutely no nags or warnings in a previous test. It is worth noting that this was a previous branch of v14.3.3, but Standard is such a goodie-two-shoes on the road that it is my impression it would not change much.
Here’s an 80-second phone nag test on Tesla FSD v14.3.3.
No alerts, no nagging, no annoyance. https://t.co/1dxvTOw5Cn pic.twitter.com/vYViFpjfoK
— TESLARATI (@Teslarati) May 29, 2026
Mad Max Results
I spent the majority of the drive on Mad Max to see how it truly reacted to the driver having their attention elsewhere. While I did do a short phone test, I am aiming to steer away from those and use the center screen. I think it is a valid criticism that the phone test is dangerous and, not to mention, illegal in Pennsylvania. Changing the navigation and music is a more reasonable, more responsible, and safer test.
With Mad Max being the fastest and most aggressive Speed Profile, I anticipated this being the quickest mode to give me an alert that I needed to look at the road. That was the case with music:
🎥 Testing Tesla FSD v14.3.3 (via 2026.14.6.7) nags on Mad Max https://t.co/qZALU2OujY pic.twitter.com/XddOJ0D47x
— TESLARATI (@Teslarati) June 3, 2026
As well as adjusting Navigation, when I received two nags:
🎥 Testing Tesla FSD v14.3.3 (via 2026.14.6.7) nag while adjusting navigation
Two nags here https://t.co/qZALU2OujY pic.twitter.com/xa3dtaDG1L
— TESLARATI (@Teslarati) June 3, 2026
These nags were more than reasonable, and I think it’s probably good that Tesla is ramping up the driver monitoring. I do believe that it should be relatively strict across all of the Speed Profiles, especially with phone use. When using the center screen, the nag intervals should be based on the speed profile you are utilizing at the time.
These driver monitoring adjustments are a great thing to have while FSD is still under its “Supervised” moniker, but I expect Tesla to continue pushing the limits on what it will allow, especially considering CEO Elon Musk has hinted that phone use is capable with the more recent versions.
You can watch the full drive on YouTube below:
Tesla has responded to the skeptics of its Robotaxi program by launching a massive expansion of the unsupervised program in its initial rollout city of Austin.
The company’s geofence, the enabled area of operation for rides, now covers the entire Austin Metropolitan area, an incredible move just days after media headlines attempted to discredit the ride-hailing service.
Those who have access to the Tesla Robotaxi app on their smartphones can now request a ride in any portion of the Austin Metro area. The company confirmed this on the social media platform X:
Unsupervised Robotaxi now in the entire Austin Metro area https://t.co/eXNBdarvVS
— Tesla Robotaxi (@robotaxi) June 3, 2026
This is Tesla’s fifth expansion of the geofence, with the others occurring in July, early August, late August, and late October 2025. It has remained at that size since October 26, but Tesla has now more than doubled that size.
It is now covering the entire area, including suburbs like Pflugerville and Manor, as well as I-35 highways, Gigafactory Texas, and the Austin-Bergstrom Airport.
The move comes just days after various media outlets highlighted the small fleet size of Tesla’s Robotaxi fleet in Austin, something that is a reasonable criticism but an understandable move on the company’s part to prioritize safety.
Tesla has expanded its Robotaxi geofence many times, but its fleet has remained at a relatively conservative size as the company continues to push safety as its most crucial metric.
The latest expansion is a key indicator of Tesla’s comfort level to expand the ride-hailing service. The move shows Tesla is scaling unsupervised autonomy, as it demonstrates that the company’s Full Self-Driving system has reached sufficient reliability for a broader real-world deployment, which is something the company has worked on extensively.
It also shows Tesla is game for a competition with its rivals in the autonomous ride-hailing sector. Tesla has often matched or exceeded competitors like Waymo in coverage area, despite its smaller fleet. This step highlights Tesla’s iterative, data-driven progress toward a high-margin, app-based Robotaxi network.
It’s not the absolute largest area expansion ever, but achieving full unsupervised operations across a major metro is a key moment in the Robotaxi story. It shifts the program from limited pilot/testing toward a more mature commercial service, while gathering the miles needed for faster growth.
Tesla has improved Dashcam playback with an awesome new addition, as the company has launched a web-based version that is potentially easier to navigate and operate.
The tool is available at dashcam.tesla.com and will be enabled as your vehicle receives the 2026.20 Software Version. Clips that are captured by your Tesla will be available on the Online Dashcam Clip Viewer once the files on your car’s storage drive are encrypted.
Not a Tesla App first noticed the new feature, and states that once your Tesla updates to 2026.20, the car will automatically protect the clips with an encryption key that is uniquely tied to your owner account.
Tesla Launches New Web-Based Dashcam Viewer https://t.co/AlJKXYxujJ pic.twitter.com/4igicYpvkX
— Not a Tesla App (@NotATeslaApp) June 2, 2026
The web-based viewer should be easier to operate for most. All you will do is head over to dashcam.tesla.com and log in using your account credentials.
Ensure your vehicle is updated to 2026.20 in order for the web-based viewer tool to fetch your vehicle’s saved dashcam clips.
Currently, only a small percentage of owners are updated to this, so it may be a couple of weeks until a majority of owners in the fleet are able to access this feature.
Watching Dashcam clips on the Tesla smartphone app is quick and convenient, as they can also be easily downloaded and stored right on your smartphone.
However, the clips are sometimes tougher to navigate, and in order to get details like self-driving activation, speed, and turn signals, owners have to screen record the Tesla app and crop out the rest of the screen.
It could also be a massive storage saver as you’ll be able to download the Dashcam clips from the online viewer and save them to your laptop, desktop, a flash drive, or even an external hard drive. This will keep all your clips in one place.
Tesla Full Self-Driving v14.3.3 driver monitoring: We tested it
Tesla responds to Robotaxi skeptics with a massive move in Austin
